CONSUMER AND CUSTOMER PRIVACY NOTICE
Electro-Harmonix / New Sensor Corporation respects your right with regards to data privacy and data protection when you communicate (online or offline) with us through our various websites, mobile applications and offline programs. We have therefore developed this Privacy Notice to inform you how each Electro-Harmonix / New Sensor Corporation related entity (unless stated otherwise - “Electro-Harmonix”, “EHX”, “New Sensor Corporation”, “NSC”, “we,” or “our”) collects, stores, uses, shares, processes and protects information about our consumers (“you”). It also tells you how you can access and update your information and make certain choices about how your information is used.
By using our websites, applications or by otherwise giving us information you are accepting the practices described in this Privacy Notice. If you do not agree to this Privacy Notice, please do not use our websites or applications or give us any of your information. We reserve the right to make changes to this Privacy Notice at any time. Any changes will be posted in this Privacy Notice and material changes will be prominently published on the respective website or application this Privacy Notice applies to or will be otherwise communicated to you prior to the change becoming effective. We encourage you to regularly review this Privacy Notice to make sure you are aware of any changes and how your information may be used.
Please be informed that the Electro-Harmonix / New Sensor Corporation related entity which operates the website you are visiting or service you are receiving (as the case may be) is the Data Controller of any information you submit to it. If you have any queries over who is your Data Controller please Contact Us.
If you have any requests concerning your information or any queries with regard to this Privacy Notice please Contact Us.
1. What does this Privacy Notice potentially apply to?
This Privacy Notice applies to information that we do or may collect from or about our consumers or customers through the means described in this section. Please note we may combine information that we collect via one method (e.g., a website) with information that we collect via another method (e.g., an offline event).
We collect this information to get a more complete view of our consumers, which, in turn, allows us to serve you better and with more customization.
1.1 Electro-Harmonix / New Sensor Corporation websites
This refers to any consumer-directed websites operated by Electro-Harmonix / New Sensor Corporation, including websites that we operate under our own domains/URLs and websites that we run on third party social networks such as Facebook (e.g. Facebook fan page).
1.2 Electro-Harmonix / New Sensor Corporation mobile sites/applications
This refers to any consumer-directed mobile sites or applications operated by Electro-Harmonix / New Sensor Corporation, including our smartphone apps (e.g., iPhone apps).
1.3 Electro-Harmonix / New Sensor Corporation text messaging programs
This refers to any consumer-directed text messaging programs operated by Electro-Harmonix / New Sensor Corporation. These programs might be advertised on one of our websites or applications or in a print ad.
1.4 Offline registration cards
This refers to printed registration and similar cards that we may collect from consumers via postal mail, in-store demos, or other offline events.
1.5 Call centers
This refers to personal information that we may collect from consumers through our call centers, for example if you call us with a question or comment or to sign up for marketing communications over the phone.
1.6 Other sources
This refers to other sources, from which we may obtain information about you. For example, we may hire a third party data aggregator to provide us additional information about our existing consumers (this is known as “data appending”) or we may use a third party to collect consumer data from our online advertisements. We may also receive information from third party co-sponsors who we may occasionally partner with to run special contests or other promotions. We may also receive information about consumers when we acquire other companies or businesses.
2. What information might we collect?
Depending on how you interact with us (online, offline, over the phone, etc.), we may collect from you various types of information (personal and aggregate), as described in this section.
Personal information (as used in this Privacy Notice) refers to such types of information that can be used to personally identify you, whereas aggregate information does not allow for such identification on its own.
In some instances (and unless we say otherwise below), we may combine/link one type of information with another type of information (e.g., personal contact information with account login and/or demographic information) and store them together in our records. In cases, where personal and aggregate information are combined, such information will always be considered as personal information. We strive to limit the amount of personal information we collect and store to that which is reasonably necessary to provide you the relevant services. We generally store your personal information for as long as your account is active with us or as needed to provide you the relevant services. We may store your personal information for a longer period of time to comply with legal or regulatory obligations, resolve disputes, enforce our agreements, or for records management purposes.
2.1 Personal contact information
This includes any information that would allow us to personally contact you, such as your name, home or mailing address, phone number (home, mobile phone, etc.), or email address. We typically collect personal contact information in connection with a variety of activities, including general website registration, newsletter sign-up, website community features, online purchases, customer service inquiries, contests and other promotions, and consumer surveys. If you create an account with us, your personal contact information may be stored under your account profile.
2.2 Account login information
This refers to any information that is required for you to establish a unique account with us or for us to give you access to your specific account profile. Examples may include your login ID/email address, screen name, password, and/or security question and answer. We only collect unique login information for those activities that require an account, such as general website registration and community website features, like the ehx.com forum. Your login information, especially your password, should be kept confidential and never shared with anyone else. To change your login email address or password, log in to the relevant edit account section of our site (if available) or Contact Us.
2.3 Demographic information
This includes any information that describes your demographic or psychographic characteristics. Examples may include your date of birth, geographic location (e.g., post code, city and state, mobile location), favorite products, hobbies and interests, and household or lifestyle information. We may collect demographic information in connection with a variety of activities, including contests and other promotions, and consumer surveys. If you create an account with us, you may be allowed to modify certain demographic information that may be stored under your account. To do so, log in to the relevant edit account section of our site (if available) or Contact Us. For demographic information stored under your profile on a third party social network (e.g., Facebook), see separate paragraph on “Social network info.”
2.4 Technical computer information
2.5 Website usage information
2.6 Consumer feedback
This includes information that you voluntarily share with us about your experience in using our products and services, including our websites and applications. Examples may include unsolicited comments and suggestions, testimonials, or other questions or feedback related to our products. We may collect this information in the form of consumer surveys, consumer focus groups, and contact forms, “Ask the Expert” forms, and email correspondence.
2.7 Consumer-generated content
This refers to any content that you create and then share with us (and perhaps others) by uploading it to one of our websites or applications, including one of our Facebook sites. Examples may include photos, videos, personal stories, or other similar media or content. We may collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, consumer engagement, and third party social networking.
2.8 Social network information
This refers to any information that is part of your profile on a third party social network (such as but not limited to Facebook) and that you allow the third party social network to share with us. Examples include your basic account information (e.g., name, email address, current city, profile picture, and user ID) and any other additional information or activities that you permit the third party social network to share with third party application developers. For example, we may receive your social network profile information (or parts of it) every time you download or interact with an Electro-Harmonix / New Sensor Corporation web application on a social network such as Facebook or Twitter or every time you use a social networking feature that is integrated within a Electro-Harmonix / New Sensor Corporation website (such as Facebook Connect). To learn more about how your information from a third party social network may be obtained by us (or other third party application developers), please visit the website of the relevant social network.
2.9 Payment information
This includes any information that you use to make a purchase, such as your credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment (if such are made available). This also includes the billing name and address associated with your form of payment. If you create an account with us when making a purchase, your payment information may be stored under your account profile. To review or edit this information, log in to the relevant edit account section of our site (if one is available) or Contact Us.
2.10 Other information (depending on context)
This refers to any other information that we might need to collect for a specific Electro-Harmonix / New Sensor Corporation form, feature, or other service that you use or request. What this information includes will vary depending on the method of collection and the specific purpose(s) for which the information is being collected. Please see Question 3 “For what purpose do we use your information?” for more specific examples.
3. For what purposes might we use your information?
The following paragraphs describe the various purposes and features for which we might collect and use your information, and the different types of information that might be collected from you through the different methods described in Question 1 above. Please note that not all of the uses below will be relevant to every consumer.
3.1 Account maintenance
We may use your personal information to maintain your accounts with us, including administering any consumer loyalty or rewards programs that are associated with your account. This typically involves the use of personal information that was originally collected to set up your account (e.g., personal contact information, payment information, account login information, demographic information, etc.).
3.2 Customer service
We may collect and use your personal information to provide you customer service, including responses to your inquiries. This typically requires the collection and use of certain personal contact information (such as your name or email address) and information regarding the reason for your inquiry (e.g., order status, technical issue, product question/complaint, general question, etc.). Customer service may be provided through various forms of communication, including email correspondence, call center support, and live online chat features.
3.3 Product improvement and customization
We may collect and use your information so we can constantly improve our products, tailor them to your needs, and come up with new product ideas. This mostly involves the collection and use of demographic information and consumer feedback.
3.4 Consumer engagement
We may collect and use your information you provide to encourage you to be more actively engaged with our products and services (including our websites and applications), thereby increasing overall brand engagement and awareness. This mostly involves the collection, use, and publication of consumer-generated content.
3.5 Contests and other promotions
With your express consent, we may collect and use your personal information to administer a contest, sweepstakes, giveaway, competition, or other similar marketing campaign or promotion. These events typically require the collection and use of personal contact information (for prize fulfilment), demographic information (for eligibility determination), and, in some instances, consumer-generated content. Some of our promotions may be run on third party social networks such as Facebook (for example, on our Facebook fan pages). To comply with legal requirements, we may publish or share a limited amount of personal information (such as name and city of residence) about the winners of a particular promotion. For more information about our contests and other promotions, please see the official rules or details posted with each promotion.
3.6 Marketing communications
With your express consent, we may collect and use your personal information to send you marketing communications, such as email communications, SMS text messages, and postal mailings. Please note that if you choose to receive SMS text messages, your mobile service provider’s fees for messaging will apply. We may also show you marketing communications on other websites, including on social media sites where you are a member, by matching activities or information collected on our websites and online advertisements with those collected on third party sites (“Targeted Advertising”). These marketing communications will keep you up-to-date on the latest news, events, special offers, and promotions from our brands of interest to you. On occasion, these communications may also introduce you to other Electro-Harmonix / New Sensor Corporation brands and inform you about offers and promotions from other third party companies. Sending you marketing communications mostly requires the collection and use of certain personal contact information and demographic information. In some instances (such as for mobile apps and text messaging programs), this could involve the use of your precise geo-location, which may allow us to send you location-based offers and promotions.
You can always opt-out from receiving marketing-related email communications or text messages by following the unsubscribe instructions provided in each such communication. If you have an account with us, you will be given the option to change your communication preferences under the relevant edit-account section of our site (if available) or by Contact Us. Changing these preferences would also remove you from our lists for future Targeted Advertising. You may also visit social media sites where you are a member to explore opt out options they may provide for Targeted Advertising. Please note that even if you opt out from receiving marketing communications from us, you may still receive administrative communications from us, such as order confirmations, notifications about your account activities (e.g., account confirmations, password changes, etc.), and other important announcements. You will also still see generic ads on other websites, including on social media sites where you are a member.
3.7 Third party social networking
We may collect and use information provided by you when you interact with third party social networking features such as “Facebook Connect” or “Facebook Like”. These features may be integrated in our sites or applications for the purposes of running contests (or similar activities), allowing you to share content with friends, or other stated purposes. If you use these features, we may have the ability to obtain certain information about you from your social networking profile (see “Social network information” under Question 2 of this Privacy Notice). You can learn more about how these features work, and the profile data we may obtain about you, by visiting the website of the relevant third party social network.
3.8 Website improvement and personalization
We may collect and use your information to improve and personalize your experience on our websites, applications and online advertisements. This is typically done through automated tracking technologies (please also see Question 8) that collect and remember certain account login information, technical information, and/or previous website usage information. For example, we might remember your login ID/email address or screen name so you can quickly login the next time you visit our site or so you can easily retrieve the items you previously placed in your shopping cart. Based on this type of information, we may also show you specific Electro-Harmonix / New Sensor Corporation content or promotions that are tailored to your interests.
3.9 Website community features
We may collect and use information you provide to give you access to website community features, including features that may allow you to upload and share pictures, videos, artwork, or other messages or content. This would typically involve the collection, use, and (in some instances) public display of certain personal contact information, account login information, and/or consumer-generated content. Because these features are “communal” in nature, information or content that you post in these areas may be visible to others. Please use caution when using these features or uploading content to an Electro-Harmonix / New Sensor Corporation site. For some community features, we may give you the ability to control whether some parts of your profile can be seen by others. To access these settings, you would need to log in to the relevant edit account section of our site (if one is available) and access your community profile. For website community features that have social networking integration (such as “Facebook Connect”), see separate paragraph on “Third party social networking”.
3.10 Website viral features
We may request and use information you provide in connection with website viral features, such as our tell-a-friend features. These features allow you to easily share certain news, product information, promotions, wish list items, or other content with family members and friends. For viral features administered by third party social networks (such as Facebook’s “Share” and “Like” features), please refer to the website of the relevant social network for additional information.
3.11 Order fulfilment
We may collect and use your personal information to process and ship your orders, and to inform you about the status of your orders. This could involve the collection and use of certain personal contact information, payment information, account login information, and/or other information related to your purchase (such as products ordered). This could also involve the on-going storage of your payment information to allow for easier checkout on future purchases. Where orders are being fulfilled by a third party, we will share your personal information with them for the purposes of fulfilment of the order. You may, as a result, also receive communications from that third party (whether by email, SMS or other methods of communication) regarding the fulfilment of the order.
3.12 Other general purposes (e.g., website security, internal research)
We may collect and use your information for other general business purposes, such as to maintain the day-to-day operation and security of our websites and applications and to conduct internal marketing and demographic studies. These activities mostly require the collection and use of certain demographic information, technical computer information, website usage information, and consumer feedback.
4. How do we protect your personal information?
We take all necessary technical and organizational measures to protect the confidentiality and security of your personal information collected through the various methods described in this Privacy Notice. These efforts include, but are not necessarily limited to: (i) storing your personal information in secure operating environments that are not available to the public and that are only accessible to authorized Electro-Harmonix / New Sensor Corporation employees, and our service providers, agents and those with whom we have contracts; (ii) using industry-standard SSL encryption (or similar) to protect the security of certain sensitive personal information (such as credit card information, health or patient information) during transmission, and, (iii) verifying the identities of registered users before they can access the personal information we maintain about them.
5. What happens if you refuse to provide your personal information?
If you choose not to submit any personal information when requested, you may not be able to participate in certain activities and personalized features and may limit the services and special offers we can provide you. For example, if you do not wish to share with us your email address, you will not be able to receive any of our electronic newsletters or otherwise register on our websites or use our applications. If you refuse to provide your credit card number, you will not be able to purchase products at an Electro-Harmonix / New Sensor Corporation Online Store. However, to simply browse our websites and learn more about our products, you do not need to give us any personal information.
6. Who might we disclose your information to and why?
We may share your information with our subsidiary companies, companies in which Electro-Harmonix / New Sensor Corporation has control through either direct or indirect ownership. Electro-Harmonix / New Sensor Corporation may also share your personal information with third parties listed below and under the circumstances described below.
Electro-Harmonix / New Sensor Corporation will never share your personal information with any third party that intends to use it for direct marketing purposes unless, in advance: a) we have specifically informed you and b) you have given us specific permission to do this.
6.1 Service Providers, Agents and Contractors
We may use third parties, like service providers, agents or contractors to provide support for the internal operations of our websites, applications and online advertisements and to assist us with administering our websites, applications and online advertisements or the various functions, programs and promotions (and similar) available to you and generally for the purposes described in this Notice. Some of these third parties may be located outside the country where you accessed this website. These third parties and its employees may come into contact with your personal information in the course of providing their services to us. Any such third party must at all times provide equivalent levels of security for your personal information as Electro-Harmonix / New Sensor Corporation and, where required, are bound by a legal agreement to keep your personal information private, secure and to process it only on the specific instructions of Electro-Harmonix / New Sensor Corporation.
6.2 Partners and Joint Promotions
6.3 Legal and Business Transfers
We may also disclose your personal information if we are required to do so by law, or if in our good faith judgment, such action is reasonably necessary to comply with legal processes, to respond to any claims, or to protect the safety or rights of Electro-Harmonix / New Sensor Corporation, its customers, or the public.
In the event of a merger or acquisition of all or part of Electro-Harmonix / New Sensor Corporation by another company, or in the event that Electro-Harmonix / New Sensor Corporation were to sell or dispose of all or a part of the Electro-Harmonix / New Sensor Corporation business, the acquirer would have access to the information maintained by that Electro-Harmonix / New Sensor Corporation business, which could include personal information. Similarly, personal information may be transferred as part of a corporate reorganization, insolvency proceeding, or other similar event, if permitted by and done in accordance with applicable law.
6.4 Aggregate Information
7. How can you access, modify, or make other choices regarding the use of your personal information?
The following outlines the choices you have with respect to the collection and use of your personal information by us.
7.1 You can opt out.
You always have the option not to share any of your personal information with us. However, if you choose this option, you will be limited in the activities and features we can provide you, as mentioned in Question 5 above.
7.2. How to opt out
If you do not want to receive newsletters, announcements, or other communications and/or services from an Electro-Harmonix / New Sensor Corporation website or brand, please do not opt-in for those communications or services at the time of registration. If you have opted-in and, at a later time, wish to opt-out, please visit the appropriate opt out section(s) on our website or application and amend your preferences. In the alternative, Contact Us.
7.3 What if I receive an e-mail, message or another contact I am not expecting?
Along with every e-mail marketing communication sent to you, we provide you the opportunity to discontinue receiving future marketing communications (i.e., unsubscribe). Simply follow the unsubscribe process or directions provided in the email.
7.4 How do I know whether I am opted in?
You can always confirm whether you have opted in, request what personal information we may have on you and provide updated personal information. Simply Contact Us.
7.5 What about third-party communications I never opted in to receive?
8. Tracking Technology – How and why do we use it?
Electro-Harmonix / New Sensor Corporation does make use of tracking technologies (for example “Cookies”, “IP Addresses”, Log Files”, “Web Beacons”, “Tagging”) to gather certain information such as browser type and operating system, referring page, path through site, domain of ISP etc. for the purpose of improving the use and functionality of our websites and other purposes described below. Tracking technologies help us tailor our websites to your personal needs.
If you like to learn more about Electro-Harmonix / New Sensor Corporation’s policy on Cookies and your rights, please visit the Electro-Harmonix / New Sensor Corporation Cookies Policy.
8.2 IP Addresses
We may keep track of Internet Protocol (IP) addresses to (among other things): (i) troubleshoot technical concerns, (ii) maintain website safety and security, (iii) restrict access to our websites to certain users, and, (iv) better understand how our websites are utilized. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.
8.3 Log Files
We (or a third party on our behalf) may collect information in the form of logs files that record website activity and gather statistics about web users' browsing habits. These entries are generated anonymously, and help us gather (among other things) (i) a user’s browser type and operating system, (ii) information about a user’s session (such as the URL they came from, the date and time they visited our website, and which pages they've viewed on our website and for how long), and, (iii) other similar navigational or click-stream data. We also use information captured in log file for our internal marketing and demographic studies, so we can constantly improve and customize the online services we provide you. Log files are used internally only, and are not associated with any particular user.
8.4 Web Beacons
We may use web beacons (or clear GIFs) on our websites or include them in the e-mail messages we send you. Web beacons (also known as “web bugs”) are small strings of code that provide a method of delivering a graphic image on a web page or in an email message for the purpose of transferring data back to us. The information collected via web beacons may include a user’s IP Address, as well as information about how a user responds to an email campaign (e.g., the time the email is opened, where does the user link to from the email, etc.). We would use web beacon information for a variety of purposes, including but not limited to, site traffic reporting, unique visitor counts, advertising and email auditing and reporting, and personalization.
9. E Marketing - What is spamming and what is our position on spam e-mails?
Spamming is where unsolicited e-mails are sent to you containing advertisements or marketing related materials without your consent.
Sending e-mails without consent is illegal in many countries. We will not use your personal information (including your e-mail address) for direct marketing or follow-up communications unless you give us your EXPRESS permission. This is called "OPT-IN" consent.
Also, we will not share your personal information with any third party without your consent.
Electro-Harmonix / New Sensor Corporation websites give you the opportunity to receive marketing information by e-mail. Every e-mail sent by Electro-Harmonix / New Sensor Corporation will give you the opportunity at any time to stop receiving marketing e-mails.
If for some reason you believe you have received spam e-mail from Electro-Harmonix / New Sensor Corporation, please Contact Us immediately.
10. How long do we keep your personal information?
We may store the personal information that you have provided us with through the various methods described in this Privacy Notice in our databases. We will only keep your personal information for as long as it is reasonably necessary taking into consideration our need to answer queries or resolve problems, provide improved and new services and comply with legal requirements under applicable law(s). This means that we may retain your personal information for a reasonable period after you stop using Electro-Harmonix / New Sensor Corporation services or stop using this website or application. After this period, your personal information will be deleted from all Electro-Harmonix / New Sensor Corporation systems.
We remind you that you have a right to have your personal information deleted at any time. Please see Question 7 above.
11. Do we collect personal information from children?
We believe that it is highly important to protect the privacy of children on–line and encourage parents or guardians to spend time on–line with their children to participate in and monitor their e–activities.
We do not intentionally collect personal information from children under the age of 16.
A Special note to Children under the age of 16:
If you are under the age of 16, we advise that you speak with your parent or guardian BEFORE giving your personal information to Electro-Harmonix / New Sensor Corporation websites. If you are not sure you understand something in this section, you should ask your parent or guardian for their help.
A Special note to Parents of Children under the age of 16:
We recommend that parents/guardians regularly check and monitor their children's use of e–mail and other on–line activities.
Please make sure that your child does not give us personally identifiable information on–line without asking your permission.
You can also contact us to ask us to delete any of your child's information by sending us a deletion request form by e–mail/postal mail/ fax to the address given in contact details set out in Question 13.
12. Do we link to other third party sites?
Our websites and applications may provide links to, or features from, other third party sites (such as independent e-commerce sites and third party social networks). If you link to or use such third party sites or features, you do so at your own risk. We do not control and are not responsible for the content or practices of any third party site, application, or feature.
13. How can you contact us?
If you have any questions, complaints, or comments regarding this Privacy Notice, our information collection practices or information we’ve obtained from you (including correcting or deleting your personal information), please contact us:
You can call us at (718) 937-8300 or (800) 633-5477.
You can write to us at Consumer Services, Electro-Harmonix / New Sensor Corporation, 47-50 33rd Street, Long Island City, NY 11101, USA.
You may also contact appropriate governmental authorities such as the FTC, EU Commission and ICO (UK).
14. Can Electro-Harmonix / New Sensor Corporation change the terms of this Privacy Notice?
Electro-Harmonix / New Sensor Corporation will occasionally make changes and corrections to this Privacy Notice. Please check this Privacy Notice regularly to see the changes and how these may affect you.