Privacy Statement and Notice of Privacy Practices for the European Union
Last Updated: March 30, 2021
This Privacy Statement and Notice of Privacy Practices ("Privacy Statement") sets forth the privacy practices of New Audio LLC functioning as Master & Dynamic (“New Audio”, “us” or “we”) for the collection of our customers' personal information in the United States.
Your use of this website or your use of sites that may link to this Privacy Statement, or your use of our "M&D Connect" mobile application, or of any pages, facilities, services, or capabilities accessible on or by any domain owned by us (each, a “Site”) apply strictly to customer information collected in the United States. This Privacy Statement governs your use of the Site and our Products and Services which are defined herein below.
REVISIONS AND MATERIAL CHANGES TO THIS PRIVACY STATEMENT
Because the Web is an evolving medium, we may need to change our Privacy Statement at some point in the future, in which case we'll post the revised Privacy Statement on this site and update the above "Last Updated" date to reflect the date of the changes. If necessary, we will provide additional information regarding any changes to this Privacy Statement as may be required by law and may ask you to affirmatively accept those changes.
Your access of the Site for the limited and exclusive purpose of reviewing this Privacy Statement does not constitute your acceptance of this Privacy Statement unless you make any further access or use of our Site. By continuing to use the Site or providing us with your personal information after we post any such changes, you accept the Privacy Statement as modified.
SUMMARY OF PRIVACY STATEMENT
This Privacy Statement notifies you of:
what personal information of yours is collected from you through the Site and when you engage with our third party service providers;
how your personal information is used by New Audio;
with whom the personal information may be shared;
what choices are available to you regarding collection, use and distribution of your personal information;
the kind of procedures we employ in an effort to hinder the unauthorized access, deletion, alteration, use or disclosure of information you provide to New Audio or by using the Site and
how you can correct any inaccuracies in the personal information you provide to us.
DESCRIPTION OF OUR PRODUCTS AND SERVICES
New Audio is the owner of Master & Dynamic which is the producer and seller of high end, beautifully designed and technically sophisticated head phone "sound tools" ("Products" and "Services") for creative minds. We see our headphones as modern thinking caps: tools to help you focus and tune into your work while tuning out the world around you. We offer tools that help transport and inspire your mind. We are proud to offer our Products and Services for sale on our e-commerce platform to users in markets across the globe.
PERSONAL INFORMATION WE COLLECT AND USE TO PROVIDE THE PRODUCTS AND SERVICES
We gather and use your personal information to provide you with information about our Products and Services; provide you with superior customer service and to support and enhance our relationship with you. For example, we may communicate offers on Products and Services that we believe will be of interest to you and to administer our business or to offer your information on events or special opportunities or offers when you sign up and share your personal information with us. We may also gather your personal information when you purchase and/or register our Products or update the firmware and/or otherwise facilitate use of our Products.
We do not collect any personal information about you unless you choose to provide it to us voluntarily. We define “personal information” as information that is unique to and identifies you and might include your phone number, email address, first and last name, credit card information, company name, address information, and IP address information. “Personal information” also includes Internet activity information, including your browsing and search history, as well as inferences drawn from personal information, such as preferences. Generally, we need this information to process and fulfill your order and notify you of your order status.
Other examples of when we may ask you to voluntarily provide personal information include if you subscribe to receive emails from us (information such as your name and e-mail address), or choose to provide us with your preference information (such as interests, product preferences, and items purchased) or visit our Site (information such as your IP address and your communications to us).
Then types of personal information we collect may include, but are not limited to, the following:
Your name, e-mail address(es), phone number(s), fax number(s), work and/or home address;
Information that will allow us to complete a transaction and process your orders for Product and Services. This would include your shipping and billing information, credit card information or other preferred payment means, history of purchases;
Information about your use of the Site. This would include your IP address, your frequency of use of the Site, your responses to individual offerings, the types of features you most use; and
Customer service information or general account information. This would include communications between you and us and your account preferences.
If you encounter a screen or page that requests information you do not want to share with us, you may choose not enter the information and do not proceed with that screen or page. Some information may be collected automatically through technical means when you visit the Site, namely, your IP address.
If you do provide us with personal information, we will only use it for the purposes described where it is collected, and we will not sell, license, transmit or disclose this information outside of New Audio or its affiliates unless (1) you expressly authorize us to do so, (2) it is necessary to allow our trusted service providers or agents to provide services for us, (3) in order for our third party service providers to provide services on our behalf (4) in order to provide our Products or Services to you, (5) it is disclosed to entities that perform marketing services on our behalf or to other entities with whom we have joint marketing agreements, (6) it is necessary in connection with a sale of all or substantially all of the assets of New Audio or the merger of the New Audio into another entity or any consolidation, share exchange, combination, reorganization, or like transaction in which the New Audio is not the survivor, or (7) otherwise as we are required or permitted by law.
USE OF PERSONAL INFORMATION COLLECTED ON THE SITE
The personal information we collect on the Site will be used to provide the Products or Services or carry out the transaction(s) you have requested or authorized. In support of these uses, we may use personal information to provide you with more effective customer service, to improve the Site and any related Products or Services, and to make the Site easier to use by eliminating the need for you to repeatedly enter the same information or by customizing the Site to your particular preference or interests.
We may use your personal information to provide you with important information about the Products or Services that you are using, including critical updates and notifications. Additionally, when you provide us with your permission, we may share personal information with our trusted partners so they may send you information about their Products and Services.
As set forth above, we partner with other companies to provide limited services on our behalf, such as website hosting, fulfilling orders, packaging, mailing, email marketing and sending information about our products, special offers, credit card processing, and other services. You can learn more about the individual company we utilized to perform the above described services by reviewing the “THIRD PARTY SERVICE PROVIDERS PROCESSING YOUR PERSONAL INFORMATION” section of this Privacy Statement.
We will only provide those companies the personal information they need to deliver the service. These companies do not to our knowledge, retain, share, store or use personal information for any secondary purposes. You can learn more about the data protection measures employed by the individual companies we utilize by reviewing the "PRIVACY AND DATA SECURITY OF THIRD PARTY SERVICE PROVIDERS" section of this Privacy Statement.
We may share your information within New Audio and its business divisions. Your information will not be shared with third parties unless it is necessary to fulfill a transaction you have requested, or in other circumstances in which you have consented to the sharing of your personal information.
We may use your personal information to present offers to you on behalf of our business partners. These business partners may receive aggregate data about groups of users, but do not receive information that personally identifies you.
We may also use the personal information collected for internal purposes, namely, for solving technical problems, calculating overall usage statistics, internal marketing and promotional purposes, product development and content improvement.
We may disclose personal information if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on us or the Site; (b) protect and defend the rights or property of the New Audio; or (c) act in urgent circumstances to protect the personal safety of our employees or agents, users of our Products or Services, or members of the public. We will cooperate with law enforcement authorities.
We reserve the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by or merger with another company. In such an event, we will notify you before information is transferred and becomes subject to a different privacy statement. We also encourage you to periodically check this page for Privacy Statement updates.
ACCESS TO AND ABILITY TO CORRECT OR DELETE PERSONAL DATA
Upon request via postal mail, e-mail, or telephone, we will provide users a summary of your personal information retained by us. You may modify, correct, change, request us to delete or update personal information that we have collected by the Site by contacting us via postal mail, e-mail, or telephone. See the “CONTACT INFORMATION” section of this Privacy Statement for information about how to contact us with these requests.
Although you may request to delete personal information that we have collected, we reserve the right to deny this request if we are permitted by law to retain the information, including, for example, when the information is required to complete a transaction with you, to protect against illegal activity and prosecute those responsible for such activity, to comply with a legal obligation, or for lawful internal use by us.
OPTING OUT OF EMAIL COMMUNICATIONS
When you provide us your e-mail address, we may send you customized links or similar technologies to track e-mail links that you click. We may associate that information with your personal information in order to provide you more focused e-mail communications or purchase information. Each e-mail communication includes an unsubscribe link allowing you to stop delivery of that type of communication.
You may at any time opt out of having your personal information used for any and all purposes by contacting us by any means identified below in the “CONTACT INFORMATION” section of this Privacy Statement.
Please be aware that it may take up to sixty (60) days for your opt-out choices to be fully effective. If you no longer desire our Products or Services or no longer wish to receive information or marketing materials related to our Products or Services, please contact us by any of the ways described in the below "CONTACT INFORMATION" section of this Privacy Statement.
PRIVACY AND DATA SECURITY
New Audio is committed to safeguarding your personal information. Whenever you provide such information, we are legally obliged to use your information in line with all laws concerning the protection of personal information. Our Site takes precautions to protect our users’ information. We restrict access to personal information collected about you at our Site to our employees, our affiliates' employees, or others who need to know that information to provide services to you or in the course of conducting our normal business operations. While no website can guarantee security, the Site maintains appropriate physical, electronic, and procedural safeguards to protect your personal information collected via the Site. We protect our databases with various physical, technical and procedural measures and we restrict access to your information by unauthorized persons. We also advise all New Audio employees about their responsibility to protect customer data and we provide them with appropriate guidelines for adhering to our business ethics standards and confidentiality policies.
THIRD PARTY SERVICE PROVIDERS PROCESSING YOUR PERSONAL INFORMATION
We are not experts in everything and so cannot run our business without involving other people and businesses to help us provide our Site, Products and Services to you. These people may have to access to or process some of the information we collect from or about you in order to help us in this way. The main third parties that we may share your information with are:
Shopify Data Processing Inc. c/o Server Central; 2200 Busse Road, Elk Grove Village, Illinois 60007. Shopify is certified as Safe Harbor compliant under the United States' Department of Commerce Safe Harbor Certification Program. You can review Shopify's safe harbor certification here: http://safeharbor.export.gov/companyinfo.aspx?id=22079
The Klaviyo Inc. (“Klaviyo“) 225 Franklin St, Boston, MA 02110 ("Klaviyo") is a third party online platform that allows New Audio to create, send, and manage email marketing campaigns. Klaviyo complies with the U.S.–E.U. and U.S.–Swiss Safe Harbor Framework, which is overseen by the U.S. Department of Commerce and covers the collection, use, and retention of personal data from European Union member countries and Switzerland. For more information about the Safe Harbor and to view the certification please click on this link: http://safeharbor.export.gov/companyinfo.aspx?id=23996
Rakuten Marketing ("Rakuten") may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.
PRIVACY AND DATA SECURITY OF THIRD PARTY SERVICE PROVIDERS
We do not control our third party service provider's data security. We are providing the information above for your review and consideration. If you have reservations with respect to the privacy statements of our third party service providers then you should not provide us with your personal information. With respect to how our third party service providers safeguard your personal information you may review their respective privacy polices by clicking on the following:
THIRD PARTY PAYMENT PROCESSORS
New Audio utilizes PayPal, a third party payment processor, to process credit card payment transactions on the Site. When you select the "check-out" feature icon on the Site and have entered in your transaction information you may select the PayPal icon to complete the transaction. You may choose to pay with an established PayPal account in which case you will be asked to provide your login credentials including your name and email address. You may also choose to pay directly with a debit or credit card in which case, in order to complete the transaction, you must enter in your personal information on the PayPal site. This information includes any debit or pre-paid gift card information, the type of payment card your are using, i.e. Visa, Mastercard, Amex, the expiration date of your card and your billing information including first name, last name, home address, shipping address if different from home address, your phone number and email address. New Audio does not retain any of your credit or debit card information that you provide when you check out using PayPal. You can read more about PayPal's privacy and data security practices at https://www.paypal.com/us/webapps/mpp/ua/privacy-full
New Audio also utilizes Amazon Pay, another third party payment processor, which allows you to complete your transaction using payment information stored in your Amazon account. If you complete your transaction using Amazon Pay, your payment method information is not shared with New Audio. You can read more about Amazon Pay’s privacy and data security practices at https://pay.amazon.com/us/help/201491260
New Audio also utilizes Sezzle, another third party payment processor, which allows you to complete your transaction using payment information stored in your Sezzle account. If you complete your transaction using Sezzle, your payment method information is not shared with New Audio. You can read more about Sezzles’s privacy and data security practices at https://legal.sezzle.com/privacy
The Site may also collect certain technical information about your visit. It can include information, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the type of operating system you are using, the date and time you accessed the site; the pages that you access while at the Site, your manner of connecting to the Internet, the Internet address of the website from which you linked directly to our site, other information about your geographic location, and the domain name of your Internet service provider.
CALIFORNIA PRIVACY RIGHTS
This notification is required under California law. Under California law, California residents may opt-out of our disclosing personal information about them to third parties for their marketing purposes. If you are a California resident and do not want us to disclose your information to other companies for their marketing purposes, please contact us by any of the ways described in the “Contact Information” section below. Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To request a copy of such information, please contact us by any of the ways described in the “CONTACT INFORMATION” section below, and we will respond within 30 days as required by law.
California Consumer Privacy Act Notice for California Consumers
This California Consumer Privacy Act Notice for California Consumers (“CCPA Notice”) is provided by New Audio LLC functioning as Master & Dynamic (“New Audio” or “we,” “our” or “us”). This CCPA Notice supplements our Privacy Statement and Notice of Privacy Practices and applies solely to California consumers. The California Consumer Privacy Act (“CCPA”) affords California consumers certain rights over their personal information (subject to certain exceptions). This CCPA Notice outlines those rights and explains how such rights may be exercised. This CCPA Notice also summarizes our data collection and sharing practices, as required by the CCPA. Terms used but not defined shall have the meaning ascribed to them in the CCPA. For the purpose of this CCPA Notice, we refer to our websites, applications that run on mobile devices and tablets, call centers, and other products and services as “Products” or “Sites.”
What Information is Covered by this CCPA Notice? This CCPA Notice relates to New Audio’s collection, use and disclosure of California consumers’ personal information. “Personal information” generally means information that is reasonably capable of being associated with you or your household. For a specific list of the categories of personal information we collect, please see Section 5 (Summary of Collection, Use and Disclosure of Personal Information) below.
Where Do We Collect Personal Information From? For a list of the categories of sources from which we may collect personal information, please see Section 5 (Summary of Collection, Use and Disclosure of Personal Information) below.
How Do We Use Personal Information? We may use your personal information for a variety of business and commercial purposes. “Business purpose” means the use of personal information for an operational or other notified purpose including, for example, performing services on behalf of another organization. “Commercial purpose” refers to when we use personal information to advance our commercial or economic interests including, for example, by encouraging others to purchase our Products. For a detailed list explaining how we may use personal information, please see Section 5 (Summary of Collection, Use and Disclosure of Personal Information) below.
Who Do We Share Personal Information With? We may share your personal information with the third parties described below and we obtain your consent prior to sharing when legally required. For a more detailed summary of who we may share your personal information with, see Section 5 (Summary of Collection, Use and Disclosure of Personal Information) below.
a) Service Providers. We may share your personal information with third parties who work on behalf of, or with, us such as vendors, processors, suppliers, agents and representatives (collectively, “Service Providers”). Service Providers assist us with a variety of functions including, but not limited to, fulfilling our customers' orders, assisting with customer-service related functions, processing credit card payments, assisting with targeted advertising and related analytics, and sending communications on our behalf. These Service Providers may use your personal information as provided in Section 3 (How Do We Use Personal Information?).
b) Disclosures Under Special Circumstances. We may disclose your personal information to third parties: (i) where we have a good faith belief that such disclosure is necessary to meet any applicable law, regulation, legal process or other legal obligation; (ii) when we believe disclosure is necessary to protect or prevent harm or financial loss; or (iii) to detect, investigate and help prevent security, fraud or technical issues (collectively, “Special Circumstances”). For the purpose of this CCPA Notice, third parties who receive personal information in accordance with this section shall be referred to as “Special Circumstance Recipients.” c) Corporate Transactions. We may transfer your personal information in the event we sell or transfer, or are considering selling or transferring, all or a portion of our business or assets (collectively, “Corporate Transactions”). For the purpose of this CCPA Notice, third parties who receive personal information in accordance with this section shall be referred to as “Corporate Transaction Recipients.”
Summary of Collection, Use, and Disclosure of Personal Information. The table below summarizes our collection and sharing practices relating to personal information, including with respect to personal information we have collected, used and disclosed in the preceding 12 months. As shown below, we may have disclosed or sold your personal information to third parties for a business or commercial purpose in the preceding 12 months.
We do not knowingly sell personal information of minors under 16 years of age without affirmative authorization.
Your CCPA Rights. Subject to certain exceptions, the CCPA affords you the following rights:
Request to Know. You have a right to request that New Audio disclose what personal information it collects, uses, discloses, and sells. It includes a request for any or all of the following: Specific pieces of personal information that New Audio has about you;
Categories of personal information New Audio has collected about you; Categories of sources from which your personal information is collected;
Categories of personal information that New Audio has sold or disclosed for a business purpose about you;
Categories of third parties to whom your personal information was sold or disclosed for a business purpose; and
The business or commercial purpose for collecting or selling personal information.
Request to Delete. You have a right to request that New Audio delete your personal information that we have collected from you.
Request to Opt-Out. You have a right to request that New Audio not sell your personal information to third parties.
No Discrimination. You have a right not to receive discriminatory treatment by New Audio for the exercise of the privacy rights conferred by the CCPA.
8. How to Exercise Your CCPA Rights
Submitting a Request to Know or Request to Delete. You may submit a Request to Know or a Request to Delete by contacting us at 1-888-814-5411 or email@example.com.
Submitting a Request to Opt-Out. You may submit a Request to Opt-Out by contacting us at firstname.lastname@example.org or by visiting our "Do Not Sell” web page.
Verification Methods. Once you submit a request, we will verify that you are the consumer to which the request pertains by matching your name, email address and physical address with information we maintain. Depending on the type of request you submit, we will attempt to match either two or three of these data points you provided. If we are unable to verify your request with the data points you provided, we may reach out to you for additional information to verify your request. You may submit a request on behalf of your minor child. You may also designate an authorized agent to submit a request on your behalf by. We may require that you provide the authorized agent with written permission to act on your behalf and that you verify your identity directly with us.
9. Alternate Format of CCPA Notice. If you have a disability that prevents or limits your ability to access this CCPA Notice, please email us at email@example.com or call us at 1-888-814-5411 for assistance. We will work with you to provide this notice in an alternative format.
10. Contact for More Information. If you have any questions or concerns about our privacy policies and practices, please email us at firstname.lastname@example.org.
INFORMATON FOR EU RESIDENTS
With respect to “personal data” as defined by Regulation (EU) 2016/679 (“GDPR”) that you may provide to us through the Site, we serve as the “controller.”
We provide the Site from servers located in the United States. If you are accessing the Site from the European Union, we will only transfer your personal information to the United States through the use of appropriate safeguards. We process personal information to pursue our legitimate business interest to operate the Site and as described in the section titled “Use of Personal Information Collected on the Site” above. You can also learn more about with whom we share your personal information please refer to the section titled “Use of Personal Information Collected on the Site” above.
We will retain your personal information for as long as necessary to fulfill the purpose for which it was collected, or as required by applicable laws or regulation. Copies of information that you have updated, modified, or deleted will remain in our systems if applicable law requires us to retain it.
You have a right to access your personal information, rectify inaccurate personal information kept about you, request the erasure of personal information and to request that we restrict the processing of your data in certain circumstances. If you wish to access your personal information, please contact us at the contact information provided below in writing, and allow reasonable time for the data to be collected. You also have the right to lodge a complaint with a supervisory authority.
DO NOT TRACK AND THIRD PARTY ADVERTISING COOKIES
Do-Not-Track is a public-private initiative, http://www.w3.org/2011/tracking-protection/, that has developed a technical “flag” or signal that an end-user may be able to activate within their browser software to notify websites that they do not wish to be “tracked” by third parties as defined by the initiative. The initiative, however, has not reached a consensus as to exactly what technical or other actions those parties receiving the signal should take. As a result, Do-Not-Track has not yet been standardized and most websites, including New Audio, do not alter their behavior or change their services when they receive a “do-not-track” flag or signal. You can, however, make decisions about your privacy and the advertisements you receive. New Audio utilizes online behavioral advertising on the Site but you can control whether companies serve you behaviorally-based advertising by visiting the Digital Advertising Alliance (“DAA”) Web page and using the DAA's opt-out: http://www.aboutads.info/choices/.
As an alternative to the DAA opt-out, you can also elect to block all cookies from first parties (such as New Audio) and from third parties (such as entities involved in advertising) by using the cookie blocking options built into your browser software. Please note, however, that if you do decide to block cookies, some parts of our website may not function correctly.
We currently utilize third party advertising cookies on the Site. These advertisers, advertising networks, advertising servers, and analytics companies use various technologies, and technologies from third party companies, to collect data in order to display (or serve) relevant ads to users. These technologies may include the placement of cookies or web beacons, the use of HTML5 LocalStorage, the use of unique or non-unique non-personal identifiers, or the use of other technologies on our Site, and these technologies may be used to track user behavior, to track how our Site is being used, and possibly to serve you more relevant ads. We current utilize analytics companies, including Google on the Site. We use Google Analytics to collect information about your use of the Site and enable us to improve the way it works. Analytic cookies collect information about how you use the Site, for instance, which pages you go to most. The information allows us to see the overall patterns of usage on the Site, help us record any difficulties you have with the Site, and show us whether our advertising is effective or not. While many of these technologies do not store or maintain personal or user information, they do collect and use user information that may include location and service provider information garnered via the IP address used to access the Site, device identifiers, the type of phone or other mobile device used (e.g., iPhone, Blackberry 8800, etc.,), the date and time of a user’s mobile internet session, whether one of the mobile ads that a third party facilitated was delivered and, if applicable, a record if that ad was “clicked.” These targeted advertisements may appear on our Site or other services that you visit.
LINKS TO THIRD PARTY WEBSITES
We may provide links to other sites on the Internet for your convenience to locate related information and services. These sites have not necessarily been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the privacy policies, information collection practices, content, accuracy of the information, and/or quality of products or services provided by or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
INTERNATIONAL DATA TRANSFERS
New Audio and all associated Services for users of the Site are intended to only be provided to individuals residing in the United States. If you are located outside the United States, you should not seek to use our Services from the Site. Nonetheless, although some of our third party service providers are Safe Harbor Certified companies, please be aware that information we collect (including cookies) may be processed and stored in the United States, a jurisdiction in which the data protection and privacy laws may not offer the same level of protection as those in the country where you reside or are a citizen.
If you have any questions or concerns about this Privacy Statement, please contact us at the telephone number or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them. You may contact us at email@example.com.
Master & Dynamic
P.O. Box 20118
Greeley Square Station
New York, NY 10001