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Privacy Statement and Notice of Privacy Practices for the European Union

 

Last Updated August 28th, 2018

 

INTRODUCTION

This Privacy Statement and Notice of Privacy Practices ("Privacy Statement") sets forth the privacy practices of New Audio LLC trading as Master & Dynamic (“New Audio”, “us”, “our” or “we”) for the collection of our customers' personal information residing in the European Union.

You should know what “personal data” (i.e. information that relates to you and enables you to be identified) we collect from you and how we use it. This issue is very important to us, so we have set out full details in this policy. When we refer to “your information” below, we are referring to this concept of “personal data”.

Your use of this website or your use of sites that may link to this Privacy Statement, or of any pages, facilities, services, or capabilities accessible on or by any domain owned by us (each, a “Site”) or by contacting us or providing information to us you indicate that you are accepting and consenting to the practices described in this Privacy Statement, which apply strictly to collection and processing of personal data related to individuals in  the European Union. This Privacy Statement governs your use of the Site and our services and products which are defined below.

To help you in reading this Privacy Statement we have included some links to other websites, but please note that they are links to websites which are controlled by other people, not us, so we are not responsible for the websites to which they take you.

SUMMARY OF PRIVACY STATEMENT

This Privacy Statement notifies you of:

  • what personal data of yours is collected from you through the Site and when you engage with our third party data processors;
  • how your personal  data is used by New Audio;
  • with whom the personal data may be shared;
  • what choices are available to you regarding collection and processing of your personal data;
  • 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 data  you provide to us.

 

IDENTIFICATION OF DATA CONTROLLER

WHO ARE WE?

Our full legal name is New Audio LLC, but we trade under the name Master & Dynamic.  We are a limited liability company registered in the United States of America, in the state of New York. Our contact details are at the bottom of this Privacy Statement.

Master & Dynamic is the producer and seller of high end, beautifully designed and technically sophisticated headphone "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.

We are what is known as the ‘data controller’ of the information that you provide to us and this means that we determine the purpose and means of processing any personal data which you provide to us or which is gathered by any of the Sites.  

PERSONAL DATA WE COLLECT AND USE TO PROVIDE THE PRODUCTS AND SERVICES

We gather and use your personal data to provide you with information about our Products and Services, to 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 you information on events or special opportunities or offers when you sign up and share your personal data with us. We may also gather your personal data, when you purchase and/or register our Products. 

Other than the technologies referred to in the Cookies section below, we do not collect any personal data about you unless you choose to provide it to us voluntarily.   “Personal data” refers to information that is unique to you and that may identify you directly or indirectly, such as your phone number, email address, first and last name, credit card information, company name, address, location information, and IP address information. 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 data 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 (such as your IP address and communications to us).

The types of personal data we collect may include, but is 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 personal data you do not want to share with us, you may choose not to enter the information and not to proceed with that screen or page. Some data may be collected automatically through technical means when you visit the Site, including your IP address, date and time of access, browser type and version, operating system, and URL of the website you visited prior to the Site. This automatically collected data is logged and stored separately from other information you may transmit to us. This automatically collected information is collected for purposes of security, troubleshooting, and statistics and is retained in a manner not associated with a particular individual.

If you do provide us with personal data, we will only use it for the purposes described in this Privacy Statement and 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 and partners identified in the IDENTIFICATION OF DATA PROCESSORS Section of this Privacy Policy below  to provide services for us, (3) in order for our data processors to provide services on our behalf (4) in order to provide our Products or Services to you, (5) 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 (6) otherwise as we are required or permitted by law.

USE OF PERSONAL DATA COLLECTED ON THIS SITE

The personal data we collect on this 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 data 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 below, 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. We will only provide those companies the personal data they need to deliver the service. These companies do not to our knowledge, retain, share, store or use personal data for any secondary purposes. You can learn more about the data protection measures employed by the individual companies we utilize by reviewing the IDENTIFICATION OF DATA PROCESSORS section of this Privacy Statement.

We may share your personal data 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 data 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 data 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 data if required to do so by law or in the good faith belief that such action is necessary to (a) comply with the law or 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 Sites, Products or Services, or members of the public. We will cooperate with law enforcement authorities.

We reserve the right to transfer your personal data 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.

IDENTIFICATION OF DATA PROCESSORS

WHOM MIGHT WE SHARE YOUR INFORMATION WITH?

We are not experts in everything and so cannot run our business without involving other people and businesses to help us provide our websites, products and services to you.  These people and businesses are referred to as our ‘data processors’ as they may have to access to or process some of the personal data we collect from or about you in order to help us in this way.  The data processors that we may share your information with are:

Shopify Data Processing Inc. (“Shopify”) powers the e-commerce platform that allows us to sell products and services to you. As such, Shopify will process and store your data if you make a purchase through our Site. You may read more about how Shopify processes and stores data in its privacy policy  and in its data processing addendum.

Shopify is an active participant in the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. You can review Shopify's Privacy Shield certification here:  https://www.privacyshield.gov/participant?id=a2zt0000000TNSNAA4&status=Active

Brightpearl Limited (“Brightpearl”).  provides back office software for our e-commerce platform.  Brightpearl stores contact data such as name, address, email address, telephone number and product purchase history on behalf of New Audio through Amazon Web Services, Inc. a U.S. Subsidiary of Amazon.com, Inc. You may read more about how Brightpearl processes and stores data in its privacy policy and about the methods Brightpearl uses to secure your data here. Amazon.com is an active participant in the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. You can review Amazon.com’s Privacy Shield certification here:  https://www.privacyshield.gov/participant?id=a2zt0000000TOWQAA4&status=Active.

The Rocket Science Group, LLC d/b/a MailChimp ("Mailchimp") is a third party online platform that allows New Audio to create, send, and manage email marketing campaigns. You may read more about how MailChimp processes and stores data in its privacy policy. 

MailChimp is an active participant in the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. You can review MailChimp's Privacy Shield certification here:  https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active.

We are providing this information 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 data.

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 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. 

This Privacy Statement is not intended to and does not create any contractual or other legal right in or on behalf of any party. Please see our Terms of Use for additional information on your lawful use of the Site.

ACCESS TO AND ABILITY TO CORRECT OR DELETE PERSONAL DATA

You may request by postal mail, e-mail, or telephone to review your personal data  retained by us, how we have used your personal data, and to whom we have disclosed your personal data. Provided that we can authenticate your identity you will be given reasonable access to your personal data.  If you have created an account on the Site, you may access and change your account profile information yourself. You may also modify, correct, change, request us to delete or update personal data 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.

OPTING IN TO EMAIL COMMUNICATIONS

When you provide us your e-mail address you must affirmatively indicate you would like to receive marketing communications from us, 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 marketing 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 the 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.

We utilize MailChimp, a third party service to assist us with managing our email marketing campaigns and to coordinate your email preferences. You can learn more about MailChimp's privacy policy by clicking here:  http://mailchimp.com/legal/privacy/.

PRIVACY AND DATA SECURITY

New Audio is committed to safeguarding your personal information. As we are a company registered and based in the United States of America, this will mean that your information is being transferred to and stored at a destination outside the European Economic Area.  We ensure all our suppliers take security as seriously as we do. By submitting your information to us and using our Sites, you agree to this international transfer, storing and processing. Whenever you provide such information, we are legally obliged to use your information in line with all laws concerning the protection of personal information, and we will take all steps reasonable necessary to ensure that your information is treated securely and in accordance with this Privacy Statement.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your information transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access and our Site uses precautions and features designed to protect our users’ information.

We restrict access to personal data 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. 

With respect to how our third party data processors safeguard your personal information you may review their respective privacy policies by clicking on the following links: Shopify, Brightpearl, MailChimp, and Amazon Web Services. 

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, or you may 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 credit, 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.

COOKIES

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. For further information related to our use of cookies and other tracking technologies that may be used on the Site by New Audio and third parties and your ability to not be tracked, please review our Cookie Statement at http://www.masterdynamic.eu/pages/cookies.

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.

SOCIAL MEDIA

Any information, communications, or material of any type or nature that you submit to our Site or through our services including, but not limited  to any New Audio website contained on a social media platform or website such as Facebook, Instagram or Twitter, by email, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”), is done at your own risk and without any expectation of privacy. New Audio cannot control the actions of other users of any social media platform or website and New Audio is therefore not responsible for any content or Submissions contained on such sites and platforms. By visiting any New Audio website that is contained on a social media platform or website, you are representing and warranting to New Audio that you have reviewed the applicable privacy policies and terms of use of such platform or website and that you will abide by all such provisions contained therein. Additionally, in the event that New Audio offers a message board or any other interactive or social-type feature on a website administered directly by New Audio, please be aware that these areas may allow you to publicly post, and share with other users, certain messages, content, or other information (e.g., stories, pictures, tips, etc.). Although New Audio may take certain precautions to protect those who use these areas of the Site, we encourage you to be wary of giving out any personal information in such public forums. The information you post can be collected and used by people you don't know. We cannot guarantee the privacy and safety of these areas and are therefore not responsible for any information you choose to post. Your use of these features is fully at your own risk.

CONTACT INFORMATION

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 support@masterdynamic.com.

Master & Dynamic

P.O. Box 20118
Greely Square Station
New York, NY 10001 United States

Phone: +1 888-814-5411

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