Privacy Statement and Notice of Privacy Practices for the United Kingdom
March 30, 2015
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 United Kingdom.
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 customer information collected in the United Kingdom. This Privacy Statement governs your use of the Site and our services and products which are defined herein 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 sites to which they take you.
WHO ARE WE? - IDENTIFICATION OF DATA CONTROLLER
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 and our registered company number is 1-888-814-5411. Our contact details are at the bottom of this Privacy Statement.
We are what is known as the ‘data controller’ of the information that you provide to us and this means that any personal information which you provide to us or which is gathered by any of the Sites is controlled by us.
We are registered with the UK Information Commissioner’s Office (ICO) under the Data Protection Act 1998. The ICO make the registered details of all data controllers available publicly and you can access them here. [hyperlink to http://www.ico.org.uk/esdwebpages/search]
WHO MIGHT WE SHARE YOUR INFORMATION WITH? - IDENTIFICATION OF DATA PROCESSORS
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 information we collect from or about you in order to help us in this way. The main data processors 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
Brightpearl software is wholly owned by Brightpearl Limited whose registered number is 06260621 and registered address is at New Bond House, First Floor, Bond Street, Bristol, United Kingdom BS2 9AG. Brightpearl stores data on behalf of New Audio through Amazon Web Services, Inc. a U.S. Subsidiary of Amazon.com, Inc. and is a participant in the Safe Harbor program developed by the U.S. Department of Commerce and (1) the European Union and (2) Switzerland, respectively. For more information about the Safe Harbor and to view certification, please click on this link: http://safeharbor.export.gov/companyinfo.aspx?id=22422
The Rocket Science Group, LLC d/b/a MailChimp 512 Means St., Suite 404 Atlanta, Georgia- 30318 ("Mailchimp") is a third party online platform that allows New Audio to create, send, and manage email marketing campaigns. MailChimp 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
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.
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 data processors;
- 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 New Audio 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 you information on events or special opportunities or offer 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.
Other than the technologies referred to in the Cookies section below, 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 you and might include your phone number, email address, first and last name, credit card information, company name, and address 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 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.
The types of personal information 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 included 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.
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 not to proceed with that screen or page.
If you do provide us with personal information, 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 or agents 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 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 THIS SITE
The personal information 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 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. 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 DATA PROCESSORS" 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 Sites, 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 e-mail or telephone. Contact information can be found at masterdynamic.com/support.
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 above.
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 above "Contact Information" section of this Privacy Statement.
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, including by encouraging adoption of the US Department of Commerce’s “Safe Harbor” standards by our US suppliers. 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, including the Data Protection Act 1998, 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 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.
PRIVACY AND DATA SECURITY OF THIRD PARTY DATA PROCESSORS
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, and Amazon Web Services.
SECURITY OF YOUR CREDIT CARD DATA
New Audio utilizes Pay Pal 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 Pay Pal icon to complete the transaction. You may choose to pay with an establish Pay Pal 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 Pay Pal 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 card information. You can read more about Pay Pal's privacy and data security practices at https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
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.
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