DATA PRIVACY & COOKIE POLICY

Last updated: June 30, 2020

1.    The purpose of this Privacy Policy

L-Acoustics is committed to protecting your privacy and your Personal Data (as defined below). This privacy policy (hereinafter the “Privacy Policy”) informs you of our privacy practices and of how your personal information is protected.

This Privacy Policy is issued by L-Acoustics Group a société par actions simplifiée formed under the laws of France, with registered offices at Parc de la Fontaine de Jouvence, 13 rue Levacher Cintrat, 91460 Marcoussis, France, registered within the Registre du Commerce et des Sociétés in Evry under the number 502.561.384. This Privacy Policy applies to all L-Acoustics Group subsidiaries and digital content, unless a specific privacy statement or privacy notice has been released to supplement it or to replace it. References to "L-Acoustics", "we" or "us" in this Privacy Policy include L-Acoustics Group and all such subsidiaries.

This Privacy Policy binds all L-Acoustics Group wholly owned subsidiaries and their employees and clearly details the steps we take to protect your Personal Data when you visit any of our websites that contain a link to this Privacy Policy (collectively, our “Sites”) or when you contact us. It describes how we process Personal Data relating to you, including the types of Personal Data that we collect, the purposes for which we use it, the types of third parties with which we share it, and any rights you may have with respect to such information.

2.    Definitions

The terms and expressions beginning with a capital letter used in the Privacy Policy have the meanings set forth below. Words in singular include the plural and vice versa. These terms and expressions shall always be interpreted according to applicable data protection rules including, but not limited to, the European Union Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “Data Protection Legislation”). 

Data Controller”: means L-Acoustics Group or any of its subsidiaries who have determined the personal data processing means and purposes. They may vary on a case by case basis.

Data Subject”: means any natural person whose personal data is being processed by L-Acoustics.

Personal Data”: means any information, or a combination of pieces of information, that allow you to be identified and which is subject to, or otherwise afforded protection under, a data protection law, statute, or regulation.

Technical and Organizational Security Measures”: means measures aimed at protecting Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of Personal Data over a network, and against all other unlawful forms of processing.

3.    Who is in charge of data processing?

L-Acoustics is a global company with legal entities, business processes, management organizations, and a system infrastructure that crosses borders. This Privacy Policy applies to all L-Acoustics data processing activities run by our wholly owned subsidiaries, including product and service offerings and digital content (e.g. websites, applications, tutorials, e-training, newsletters, advertising, communication). However, it may be supplemented by a more specific privacy notice, statement or policy (“Statement”) or even superseded by another Statement specific to a particular L-Acoustics program, product, service, content or entity. It is important that you read the Statements made available to you for your full information.

By using or accessing our Sites or contacting or engaging with, us you agree that we may process your Personal Data in the manner described in this Privacy Policy. Your use of our Sites and any information you provide through them is subject at all times to this Privacy Policy and the applicable terms and conditions that apply to the Sites.

4.     What types of Personal Data may we process?

a.   Personal Data we may collect directly from you

When you visit our Sites, we may ask you for Personal Data to provide a service or carry out a transaction that you have requested. You may also provide Personal Data to us when you contact or engage with us (e.g., with a comment, inquiry or customer support request) or register for an account to use our Sites.

The Personal Data we may collect from you when you use our Sites, or when you contact or engage with us, may include: 

·       Identity data, such as your name, title, company/organization name, e-mail address, telephone and fax numbers and physical address (including street, city, state, postal code, and/or country);

·       Registration data, such as information provided by you when you register for an account to use our Sites, including user names and passwords;

·       Recruitment data, including information submitted in connection with a job application or inquiry (as described below);

·       Business contact data, such as information related to other employees, owners, directors, officers, or contractors of a third-party organization (e.g., business, company, partnership, sole proprietorship, nonprofit, or government agency);

·       Marketing and communications data, including your marketing preferences and your subscriptions to our publications;

·       Financial information, including credit card or other financial account information for the purpose of enabling us to facilitate your purchase of L-Acoustics products and services that may be available on our Sites;

·       Export control information, such as your nationality, citizenship and country of residence, that allows us to determine your eligibility under export control regulations to receive information about certain technologies;

·       Transaction data, including inquiries about and orders for our products and services and details of payments to and from you, including purchase order history and information needed to facilitate payment transactions;

·       Event registration information, including information you provide when filling in e-registration forms; and

·       Your feedback, including surveys, recommendations, or other feedback from you about our Sites as well as our products and services generally.

When you do not provide requested information, we may not be able to provide you the requested service or complete your transaction.

b.  Personal Data we may collect about you

We may collect certain information about your visit to our Sites, including:

·       Usage data, including information about how you use our Sites, what pages you view, the number of bytes transferred, the links you click, the materials you access, the date and time you access the Site, the website from which you linked to one of our Sites and other actions taken within the Sites; and

·       Technical data, such as your Internet Protocol (IP) address, your browser type and capabilities and language and your operating system.

For information about the cookies we use on our Sites, please refer to the section entitled “Cookies” below.

c.   Personal Data collected from third parties

In accordance with applicable law, we may collect Personal Data about you from third parties, such as social media websites/applications, which we may combine with the Personal Data we already hold about you in order to help us improve and customize our Sites to your preferences and for other purposes set forth in this Privacy Policy. We may also collect your business contact information from your employer or other third parties, which we will use to facilitate or otherwise engage in traditional business activities and similar administrative matters.

d.  Notice for residents of the European Economic Area (EEA)

EEA residents may be entitled to object to certain types of processing activities involving their Personal Data described in this Privacy Policy, including where we are relying on a legitimate interest to process their Personal Data or where we are processing their Personal Data for direct marketing.

In some cases, we may demonstrate that we have compelling legitimate grounds to continue to process your Personal Data in which case we are not obliged to comply with your request.

5.     Why do we collect and use Personal Data?

We may use the Personal Data collected via our Sites or when you contact us for purposes that include:

·       Services and transactions. We may use your Personal Data to deliver services to you or carry out transactions you have requested, including, but not limited to, providing information on L-Acoustics products or services you have purchased or otherwise use, registering purchased products, processing product orders, handling warranty claims, replacing product manuals, answering customer service requests and facilitating the use of our Sites.

·       Improving our business, Sites, products and services. We may use your Personal Data to perform business analyses or for other purposes that help us to develop and improve the quality of our business, Sites, products and services (including new products and services), for example, by customizing our Sites to your particular preferences or interests.

·       Marketing. In accordance with applicable laws and regulations, we may use your Personal Data to inform you of products or services which may be of interest to you, and to otherwise communicate with you about offerings, events and news, surveys, special offers, and related topics. You are able to opt-out from marketing communications sent via e-mail at any time, free of charge by using the “unsubscribe” link in any e-mail marketing materials you receive from us, or by contacting us using the contact information listed in this Privacy Policy. For more information on our data processing practices for marketing purposes, please contact us in accordance with the instructions set forth at the end of this Privacy Policy.

·       Business Contact Data. L-Acoustics collects and uses business contact data to engage in communications or transactions, including for conducting due diligence regarding, or providing or receiving, a product or service. We may collect and use business contact data in order to facilitate and manage orders, contracts, warranties, maintenance, and similar business functions, for credit analysis and collection purposes, to assist with our own internal compliance and legal requirements, and (if necessary) to defend our interests and claims.

·       Employment applications. In connection with a job application or inquiry, you may provide us with information about yourself, such as a resume/curriculum vitae, professional references, information about education and job background, and information about professional training and certifications. We may use this information for the purpose of employment consideration, background checks and employment eligibility, and as otherwise set forth in any separate privacy policy or other notice made available to in connection with your application. We may use a third party (e.g., job recruiter) or social media platform to solicit, collect, and retain employment applications.

·       Research and analysis. We may use your Personal Data to conduct research and analysis to help us analyze your purchasing preferences, identify the products and services that best meet your requirements and measure the effectiveness of the advertising we serve you.

·       Enforcement: We may use the Personal Data we collect in order to detect, prevent and respond to fraud, intellectual property infringement, violations of our terms and conditions, violations of law or other misuse of our Sites. 

Where permitted by law, we may combine the Personal Data that we collect via our Sites with other Personal Data we hold about you (such as information about your use of our products and services) in order to offer you an improved and consistent customer experience when interacting with us or for other purposes set forth in this Privacy Policy.

6.    The legal basis on which we process Personal Data

Where required by law, we will ensure there is a legal basis for the processing of your Personal Data. In most cases the legal basis will be that:

·       the processing is necessary for the performance of the services we provide to you, or in order to take steps (at your request) prior to, and in anticipation of performing, such services;

·       the processing is necessary to comply with our legal obligations, including compliance with applicable laws, regulations and governmental requests, court orders or subpoenas;

·       the processing is based on your consent to the processing of your Personal Data for one or more specified purposes (e.g. marketing); or

·       the processing is necessary to meet our legitimate interests, for example to develop and improve our Sites, products and/or services for the benefit of our customers. 

7.    Anonymizing Personal Data

In accordance with applicable law, we may anonymize your Personal Data so that it can no longer be used to identify you. Anonymized information is not considered Personal Data and is therefore not subject to this Privacy Policy. We may collect, use, aggregate and share anonymized information for any purpose.

8.    How long do we keep Personal Data?

The period during which we store your Personal Data varies depending on the purpose for the processing. For example, we store Personal Data needed to provide you with products and services, or to facilitate transactions you have requested, for so long as you are a customer of L-Acoustics. We store your Personal Data for marketing purposes until you have opted out of receiving further direct marketing communications in accordance with applicable law. If you submit an employment application via our Sites, we will retain details of your application as set forth in the privacy policy or other notice made available to you in connection with your application or as otherwise required by law. In all other cases, we store your Personal Data for as long as is needed to fulfill the purposes outlined in this Privacy Policy, following which time it is either anonymized (where permitted by applicable law), deleted or destroyed. 

9.    Who do we share Personal Data with?

We may share your Personal Data with selected third parties in accordance with applicable law, including as set out below.

·       Our group companies. We may share your Personal Data with our group companies as reasonably necessary for the purposes set out in this Privacy Policy.

·       Service providers. We may share your Personal Data with companies with which we have contracted to provide services on our behalf, such as hosting websites, conducting surveys, processing transactions, analyzing our Sites and performing analyses to improve the quality of our business, Sites, products and services. We require these service providers to protect the confidentiality of your Personal Data.

·       Distributors and other trusted business partners. We may share your Personal Data with third parties that distribute our products and other trusted business partners for purposes that include allowing those third parties to send marketing communications to you. Such sharing of Personal Data for marketing purposes will be performed in accordance with applicable laws and regulations.

·       Disclosure in connection with transactions. In connection with certain transactions, we may disclose some or all of your Personal Data to financial institutions, government entities and shipping companies or postal services involved in fulfillment of the transaction.

·       Disclosures in connection with acquisitions or divestitures. Circumstances may arise where for strategic or other business reasons L-Acoustics decides to sell, buy, divest, merge or otherwise reorganize businesses in some countries. We may disclose Personal Data we maintain about you to the extent reasonably necessary to proceed with the negotiation or completion of a merger, acquisition, divestiture or sale of all or a portion of L-Acoustics’ assets.

·       Disclosure for other reasons. We may disclose personal information if required or authorized to do so by law or in the good-faith belief that such action is necessary to comply with legal requirements or with legal process served on us, to protect and defend our rights or property or, in urgent circumstances, to protect the personal safety of any individual.

In the event that you facilitate a transaction with L-Acoustics, request information, a product, or services from L-Acoustics, or otherwise engage with us, and such activities require L-Acoustics to share your Personal Data with a service provider or other third party, you hereby direct L-Acoustics to intentionally disclose your Personal Data to the service provider or third party as described herein, provided the service provider or third party does not sell the Personal Data, unless that disclosure would be consistent with the law.

10.   International transfers

We are a global company. By using or accessing our Sites or contacting us and giving your information to us, you acknowledge and agree that your Personal Data may be collected in, transferred to and accessed by L-Acoustics, our group companies, suppliers, distributors and other business partners and/or agents located in countries outside of your country or residence, including, but not limited to, the United States and Singapore, in accordance with applicable law. Please be aware that the privacy protections and legal requirements, including the rights of authorities to access your Personal Data, in some of these countries may not be equivalent to those in your country of residence. However, we will take reasonable steps to protect your privacy and to provide a level of protection of Personal Data that is comparable to that of your country of residence.

Users Located in the European Economic Area (EEA): Where required, we have put in place appropriate safeguards with our group companies, service providers, contractors, distributors and other business partners and agents to ensure that transfers of Personal Data outside the EEA are adequately protected. In the event that these data transfers cannot claim an adequacy decision by the European Commission, L-Acoustics will ensure that they comply with applicable legal requirements, for example, by executing the EU Standard Contractual Clauses in accordance with Article 46(2) of the EU General Data Protection Regulation or through its Binding Corporate Rules for intragroup transfers as a data controller. For more information on the appropriate safeguards in place to protect your Personal Data, please contact us using the details at the end of this Privacy Policy.

11.   Technical and Organizational Security Measures

We are committed to protecting the security of your Personal Data. We use a variety of security technologies and procedures to help protect your Personal Data from unauthorized access, use or disclosure, including implementation of such security measures as may be required by applicable law. However, we are not responsible for the security of information you transmit to the Sites over networks that we do not control, including the Internet and wireless networks. The safety and security of your Personal Data also depends on you. Where we have given you (or where you have chosen) a User ID and password to access the Sites, you are responsible for keeping those log-on credentials confidential and not revealing them to others.

12.   Cookies and similar technologies

a.   What is a cookie?

Cookies are text files containing small amounts of information which are downloaded to your hard disk or to your browser's memory when you visit one of our Sites. Cookies are useful because they help arrange the content and layout of our Sites and allow us to recognize those computers or other devices that have been to our Sites before. Cookies do many different activities, such as allowing our Sites to remember your preference settings and helping us to enhance the usability and performance of our Sites and your experience using them.

Our Sites also may contain electronic images known as web beacons that allow us to count the number of users who have visited specific pages. We may also include web beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon.

b.  Categories of cookies and similar technologies that we use 

The type of cookie or similar technology that may be used on our Sites can be put into 1 of 4 categories: 1) Strictly Necessary, 2) Performance, 3) Functionality & Profile, and 4) Advertising.

1.    Strictly Necessary Cookies. These cookies are essential for basic functionalities of our Sites, and they enable you to move around our Sites and use their features, particularly in connection with information searches and order placement. Without these cookies, services you have asked for cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet. Example of strictly necessary cookies: a shopping basket cookie, which is used to remember the products that you wish to purchase when you add products to your shopping basket or proceed to checkout, a login/authentication cookie which allows and manages your login to the Site and identifies you after logging in for a single session, a session cookie which is required to carry out the data transmission and provides the Site to you, a security cookie that detects repeat failed login attempts or similar abuses of the Sites. These types of cookies are regularly stored only as long as required for their purpose.

2.    Performance Cookies. These cookies collect information about how you use our Sites, for example which pages you go to most often and if you get any error messages from certain pages. These cookies collect information that is used to improve how our Sites work. Without these cookies we cannot learn how our Sites are performing and make relevant improvements that could better your browsing experience. As an example of performance cookies, our Sites use cookies from Google Analytics.

3.    Functionality & Profile Cookies. These cookies allow our Sites to store information that you provide, such as preferences, and to store technical information useful for your interactions with our Sites. For instance, they remember your user ID and elements of your user profile. They also ensure that your experience using the Sites is relevant to you. They may also be used to provide services you have asked for such as watching a video or commenting on a blog (without being a cookie that is strictly necessary for the Site to function, see category 1). These cookies will not be used to track your browsing activity on other websites.

Without these cookies, a website cannot remember choices you have previously made or personalize your browsing experience. For example, we use a cookie to store your language preferences, which allows us to present you with product search results in the correct language and we use a cookie to store your choice about the appearance of the cookie information banner that we display on our Sites. This cookie will help us remember your choice about the appearance of the cookie information banner when you subsequently visit the same site where you made your choice about the banner and any other L-Acoustics sites with the same domain or the same top-level domain.

4.    Advertising Cookies and Similar Technologies. These cookies or similar technologies may be used to deliver advertisements that are more relevant to you and your interests. They may also be used to limit the times you see an advertisement as well as help to measure the effectiveness of the advertising campaign. These cookies may track your visits to other websites. Without these cookies or other technologies, online advertisements you encounter will be less relevant to you and your interests.

We may permit third-party advertising partners (see below) to use cookies and other technologies to collect information about your browsing activities over time and across different websites when you use our Sites, including products that you browse or purchase and your location. Examples of advertising cookies or similar technologies that we use may include Google Ads.

c.   Setting your cookie preference

You can usually modify your browser settings to decline cookies and you can withdraw your consent at any time by modifying the settings of your browser to reject or disable cookies or by opting out of specific cookies through the opt-out options available to you. If you choose to decline cookies altogether, you may not be able to fully experience the features of the Sites that you visit.

d.  Our use of web analytics

We use industry standard web analytics to track visits to our sites (“Web Analytics Providers”). The information generated by the cookie about your use of our Sites (including your IP address) will be transmitted to and stored by our Web Analytic Providers on their servers. The Web Analytics Providers will use this information for the purpose of evaluating your use of our Sites, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage (as specified below). The Web Analytics Providers may also transfer this information to third parties where required to do so by law, or where such third parties process the information on their behalf.

We use Google Analytics which serve the purpose of measuring, analyzing and optimizing our marketing measures and provide you with customized advertisements that could be of particular interest to you.

Google Analytics uses cookies which enable an analysis of your use of the Sites. The information collected (IP address, browsing activities and other data linked to your usage of the Sites, e.g. referring site details, tape of web browser and operating system, clicks on external links, interaction with site specific widgets) is usually transferred to a Google server in the USA and stored there. However, because of the IP anonymization activated on the portal, Google will reduce your IP address within Member States of the European Union/ European Economic Area beforehand (if you are browsing the Site in the EU/ EEA). Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. According to Google, the IP address transmitted by your browser within the framework of Google Analytics will not be merged with other Google data. You can opt out of Google Analytics by following the link: https://tools.google.com/dlpage/gaoptout.

 

13.   What are your rights and responsibilities?

You are permitted, and hereby agree, to only disclose or otherwise provide any and all Personal Data (including personal on yourself or a third party) to L-Acoustics if such Personal Data is accurate, reliable, and relevant to our relationship, and only to the extent such disclosure or provision will not violate any applicable data protection law, statute, or regulation, or infringe upon any person’s data privacy rights or privileges.

You may have certain rights under applicable data protection law with respect to Personal Data about you that is collected through the Sites or when you contact or otherwise engage with us. If you are a resident of the EEA, Switzerland, or California (United States) the rights described below may, in full or in part, apply to you. For other users, the rights that apply to you will depend on the laws of your country of residence. We will facilitate your exercise of the rights that apply to you in accordance with applicable law. However, even if your Personal Data is not afforded protection under, or otherwise subject to, a data protection law, we may seek to accommodate any request or inquiry you may have with regard to our data processing activities. For more information about your rights or to submit a data rights request, please contact us using the contact details at the end of this Privacy Policy.

·       Access and Rectification: You may have the right to know about, access, and/or correct the Personal Data we have collected about you, including the categories and specific pieces of Personal Data we have collected; the categories of sources from which the Personal Data is collected; the business or commercial purpose for collecting the Personal Data; and, the categories of third parties with whom we have shared, disclosed, or sold Personal Data and the purpose for doing so. In some cases, you can access your Personal Data by going to the webpage on which you provided the information. You can help us to maintain the accuracy of your information by notifying us of any change to your mailing address, phone number or e-mail address.

·       Object: You may be entitled to object to certain types of processing activities involving your Personal Data, including where we are relying on a legitimate interest to process your Personal Data or where we are processing your Personal Data for direct marketing. In some cases, we may demonstrate that we have compelling legitimate grounds to continue to process your Personal Data in which case we are not obliged to comply with your request.

·       Erasure: You may be entitled to request the erasure of your Personal Data, for example, where the information is no longer necessary for the purposes for which they were collected.

·       Restriction: You may be entitled to request that we restrict our processing of your Personal Data, for example, where the accuracy of the information is contested by you.

·       Data portability: You may be entitled to receive and reuse your Personal Data for your own purposes. This is known as the right to data portability and, where applicable, requires us to move, copy or transfer your Personal Data from our systems to you or (where technically feasible) a third party chosen by you without affecting its usability.

·       Consent: If you have provided your consent to the processing of your Personal Data, you may have the right to withdraw your consent at any time by contacting us using the contact details at the end of this Privacy Policy or, in the case of email marketing, by using the “unsubscribe” link in any of our marketing emails. The withdrawal of your consent for any purpose will not affect the lawfulness of any processing up to that point.

·       The Sale of Personal Data: Certain data protection laws provide Data Subjects with the right to opt-out of the sale of their Personal Data. L-Acoustics does not sell your Personal Data to third parties for profit. However, we do share or otherwise disclose your Personal Data to third parties in accordance with this Privacy Policy. For example, we engage with third parties to distribute our products, provide you with technical assistance, operate website analytical tools and features, and engage in marketing and sales of our products and services. Such activities may involve the disclosure of your Personal Data to third parties and may be considered a “sale” of data under certain (but not all) data protection laws.

We will respond to any requests from you (or your authorized agent) to exercise your rights within the timeframes required by law. To exercise any of your rights, please contact us (or have your authorized agent contact us) using the contact details set out at the end of this Privacy Policy to submit a data rights request. In the event you submit, or your authorized agent submits on your behalf, a data request, you (and your authorized agent) hereby acknowledge and agree that you are (or the authorized agent of) the Data Subject whose Personal Data is the subject of the request.

If you believe our processing of your Personal Data does not comply with data protection law, you may be permitted to submit a complaint to the supervisory or regulatory authority responsible for overseeing compliance with data protection law in your jurisdiction. For example, Data Subjects in the EEA have the right to lodge a complaint with the competent Data Protection Authority, a list of which can be accessed at: https://edpb.europa.eu/about-edpb/board/members_en. We would however appreciate the chance to address your concerns, so please feel free to contact us regarding any complaint you may have.

If you have questions about your rights or wish to exercise your rights, you can submit privacy questions to : info@l-acoustics.com.

14.   Links to other websites

Our Sites may contain links to third-party websites, products and services. We have no liability or responsibility for those websites, products and services, their policies, or their collection or other processing of your Personal Data. The practices of those third parties with respect to information collected through their websites, products or services is governed by their own privacy policies. We encourage you to learn about the privacy policies of those third parties.

15.   Contact us

If you have questions regarding this Privacy Policy or our handling of your Personal Data, would like to lodge a complaint, please contact us using the contact details indicated below. We will promptly address your concern and strive to reach a satisfactory resolution.

Email: info@l-acoustics.com

Mailing address:

L-Acoustics

Parc de la Fontaine de Jouvence

13 rue Levacher Cintrat

91460 Marcoussis, France

16.   Changes to this Privacy Policy

We may occasionally update this Privacy Policy. When we do, we will revise the "last updated" date at the top and bottom of the Privacy Policy and take such additional steps as may be required by law.

Last updated: June 30, 2020.