Bang & Olufsen Legal Section
All about what types of personal data we collect and how it is processed.
Version: 1.8 Published: January 2021
Bang & Olufsen Group (also referred to as “B&O”, “we”, “us”, “our”) consists of Bang & Olufsen a/s, Bang & Olufsen Allé 1, DK-7600 Struer, Denmark and its subsidiaries, including B&O Play a/s, Bang & Olufsen Allé 1, 7600 Struer, Denmark. For more information please see our consolidated Group Annual Report.
Personal Data Processing
What is personal data
Personal data means any information relating to an identified or identifiable natural person, such as for instance your contact information, your order data or your product data.
General principles for personal data processing
Bang & Olufsen Group adhere to the following principles when processing your personal data:
- we will only collect personal data for specified, explicit and legitimate purposes;
- will not collect personal data beyond what is necessary to accomplish those purposes;
- we will not use personal data for purposes other than that for which the data was collected, except as stated herein, or with prior consent;
- we will not transfer personal data to third parties, except as stated herein, or with prior consent;
- we will do our best to ensure that information is up to date by encouraging you to verify your personal data periodically;
- we will maintain appropriate technical and organizational measures to protect your personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access and against all other unlawful forms of processing; and
- except when stated herein, we will not store personal data longer than is necessary to accomplish the purpose for which the data were collected or for which they are further processed, or as is required by law.
Personal data we collect and process
When you engage with Bang & Olufsen Group via various channels, including our websites, apps, dealers and customer support, we collect and process your personal data. The personal data that we collect and process can be categorised as follows:
- Your personal details, such as your name, e-mail address, physical address (if provided), phone number (if provided), IP address, in some cases geo location and language.
- Login credentials, if you create a B&O account
- Your purchase information, such as your personal details as specified above, company name (if provided), your delivery information, such as delivery address, if different from physical address, your order information, such as product name, quantity, product name, stock keeping unit no. and product serial no., quantity, date of purchase and dealer information, your payment information, such as credit card or similar payment information and friend referral (if applicable).
- Your use information, such as your personal details as specified above, information regarding your (paired) Bang & Olufsen product(s), including product serial number(s), stock keeping unit no., product and app usage type, date and frequency, log-in credentials, encrypted credentials for third party services offered in our app(s), for instance Deezer and TuneIn, information on other users of Bang & Olufsen app(s) within your household (if applicable), information you choose to attribute in connection with your Bang & Olufsen devices, for instance when customizing name of your Bang & Olufsen product(s), product use activity log (unless such function has been disabled by you) and social media log-in credentials (not the information contained in your social media profiles), if used as log-in to Bang & Olufsen app(s). If you use the app, we will automatically receive information from the B&O products about the product and how you use the product. Such information includes technical data, such as your product serial number or model number, device operating system version, IP address, SSIDs, log files, usage data, and diagnostic data, such as battery life, the quality of the wireless connection and error logs. Please note that you can change your privacy settings in the app. AR APP: We use TrueDepth API technologies (ARKit, with automatic estimation of the real-world directional lighting environment) to create AR effects within the App. The only use of this information is to provide valuable user features. None of the information collected by the TrueDepth API ever leaves the user's device. We do not share this information with third parties, do not store or process in any other way the data which we accessed and used via TrueDepth API. For more information about TrueDepth API technologies, you may visit https://support.apple.com/en-us/HT208108.
- Requests for customer support and technical assistance, containing your personal details, as specified above, product serial number, product warranty information, place of purchase and other relevant information, which Bang & Olufsen Group may inquire in order to proceed with your request.
- Information provided when completing surveys, questionnaires and feedback forms, such as your personal details, as specified above, your Bang & Olufsen product warranty ID, place of purchase, your feedback on your use of Bang & Olufsen product(s) and evaluation of the same, your location information.
- User-generated content you post on social media in accordance with the User Generated Content License Terms such as images or if you provide us with other personal data (such as location information or other identifying information).
- Supplier relations and other business contacts, including events Contact information, including name, title, e-mail address, address, company and phone number.
How we use your personal data
We only collect and process personal data, if at least one of the below mentioned purposes applies:
- We provide you with customized information on news, events, competitions and similar marketing content related to Bang & Olufsen Group, its products and products made in collaboration with third parties. Our processing in this regard will be based on your consent thereto.
- We handle your purchase orders, complete purchase transactions, ensure delivery of purchased product(s), handle possible returns. Our processing is necessary for the performance of a contract, to which you are a party.
- We provide you with relevant product software updates and make your future purchases easier by remembering your shipping details. Our processing is necessary for the purposes of the legitimate interests pursued by Bang & Olufsen Group and such processing is not considered to be harmful towards you.
- We provide you with customer support, handle your requests or complaints and provide you with product warranty support. Our processing is necessary for the performance of a contract, to which you are a party.
- We ensure better customer experience by providing you with personal benefits, such as discounts or customized offers based on previous purchases and possible friend referrals. Our processing in this regard will be based on your consent thereto.
- We provide you with customized app user experience, by for instance making setup of your present and future B&O product(s) easier across multiple devices, by allowing you to manage your (paired) B&O products and to choose preferred sound profile, by providing you with customized content on our app(s) and with easier access to product user guidance and warranty conditions and by supporting multiple B&O app users within the same household to manage use of B&O product(s). Our processing in this regard will be based on your consent thereto.
- We conduct analytics and statistics on use type, date and frequency of Bang & Olufsen products to learn how our products are used, to improve the quality of our products and to develop new ones. Our processing is necessary for the purposes of the legitimate interests pursued by Bang & Olufsen Group and such processing is not considered to be harmful towards you.
- We collect you feedback regarding your use of Bang & Olufsen products and services by inviting you to complete surveys, questionnaires or feedback forms. Our processing in this regard will be based on your consent thereto.
- We collect the user-generated content you post on social media in accordance with the User Generated Content License Terms such as images or if you provide us with other personal data (such as location information or other identifying information).
Accordingly, some of your personal data is collected and processed in order for us to fulfil our contractual obligations to you, for instance, when you purchase our products, contact our customer support or claim warranty. Should you choose not to provide us with the requested and necessary personal data in this regard, we might not be able to fully satisfy your request.
Supplier relations and other business contacts, including events
• B&O will as part of your communication and interaction with us, whether as a supplier or as another business contact, collect and process personal information about you for the purpose of administering B&O’s relationship with you and/or the company that you work for. We need to keep your information to fulfil the agreement between you or the company you work for and B&O, or for the purposes of administering B&O’s relationship with you, which pursues a legitimate interest of B&O, and where it is assessed that B&O’s interest in processing the personal information overrides your interests. • We provide you with customized information on news, events, competitions and similar marketing content related to B&O, its products and products made in collaboration with third parties. Our processing in this regard will be based on your consent thereto.
Where we store and process your personal data
As a general principle, your personal data is stored and processed within the European Economic Area (EEA). However, your personal data may be transferred outside EEA between the entities in the Bang & Olufsen Group, between Bang & Olufsen Group and its authorized dealers and certain types of third parties, as specified in section 6 within the purposes for which your personal data was collected.
In case of transfer of your personal data to any third countries, as defined in General Data Protection Regulation (GDPR), valid law and regulations concerning such transfers are observed and relevant legal and security safeguards are ensured before such transfer.
Our disclosure of your personal data to third parties
We may disclose your personal data to third parties to the extent required by law, court order or a decision rendered by a competent public authority and for the purpose of law enforcement. In addition, we may share your personal data with the following third parties:
- Our group companies and authorized Bang & Olufsen dealers in order to deliver products and services to you, to ensure a consistent level of service across our products and services, to enhance our products, services and your customer experience.
- Third party vendors carrying out services on our behalf, including billing, sales, marketing, IT support, advertising, analytics, research, customer support, product service support, shipping and purchase order fulfilment, data storage, validation, security, fraud prevention, payment processing, and legal services. Such third-party vendors have access to perform these services but are prohibited from using your personal data for other purposes.
- Music Streaming Services. When you initiate a connection with a third-party streaming service through Bang & Olufsen products, we may share information about you that is required to enable delivery of the third-party content.
- Third parties in order to establish, exercise or defend legal rights of Bang & Olufsen Group.
- Third parties in the event of any merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Bang & Olufsen Group's assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).
- Other third parties subject to your consent.
When we disclose your personal data to a third party, we take all reasonable steps to ensure that those third parties are bound by confidentiality and privacy obligations with respect to the protection of your personal data. The disclosure is conducted in compliance with legal requirements, including entering into data processing agreements with the relevant third parties, to ensure that personal data is only processed in accordance with our instructions, applicable law and regulations and for the purpose specified by us and to ensure adequate security measures.
Retention of your personal data
We keep your information for no longer than necessary for the purposes for which it is collected. The length of time for which we retain information depends on the purposes for which we collected and use it.
Personal data related to your purchase and product warranty information is kept and processed for a period of either five (5) years from the date of purchase, or one (1) year following the expiry of your warranty, whichever is the latest,or if such data is legitimately processed for other purposes, such as providing you with personal benefits or customized direct marketing upon your consent or for pursuing our legal claims, where maintaining such information is considered necessary.
Personal data related to our provision of direct marketing to you is kept and processed for a period of maximum three (3) years from the date you last have been active in opening our marketing communication or otherwise indicated interest in such communication.
Personal data related to your use of our apps and product software update(s) is kept and processed for a period of three (3) years from the date you last have been active in using any of Bang & Olufsen Group apps.
Personal data related to your use of your Bang & Olufsen products is kept and processed for a period of five (5) years from the first use day of the given product, unless such data is legitimately processed for other purposes, such as providing you with personal benefits or customized direct marketing upon your consent or for pursuing our legal claims, where maintaining such information is considered necessary.
Personal data related to our provision of personal benefits to you is kept and processed for a period of five (5) years from the date of your last purchase of Bang & Olufsen product. Personal data related to your feedback on our products and services is kept and processed for a period of two (2) years from the completion date of the given survey, questionnaire of feedback form.
User-generated content is kept and processed as specified in the User-Generated Content Terms.
Relevant personal information will be deleted after expiry of the above-mentioned periods, unless such data legitimately can be kept and processed for other processing purposes, which we have legal basis for.
Supplier relations and other business contacts B&O will keep your personal information for as long as we maintain a relationship with you and thereafter for as long as there is a legitimate purpose for keeping your personal information, including where B&O is required under applicable law to keep the personal information. For marketing, we will keep the information for as long as you have given your consent.
A cookie is a small text file that is placed on your computer or mobile device when you visit a site, that enables us to: (1) recognize your computer; (2) store your preferences and settings; (3) understand the web pages of Bang & Olufsen Group you have visited; (4), enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (5) perform searches and analytics; and (6) assist with security and administrative functions. Some cookies are placed in your browser cache while those associated with Flash technologies are stored with your Adobe Flash Player files.
Pixels are tiny electronic tags with a unique identifier embedded in websites, online ads and/or email that are designed to: (1) collect usage information like ad impressions or clicks and e-mail open rates; (2) measure popularity of the advertising; and (3) access user cookies.
As we adopt additional technologies, we may also gather information through other methods.
Responsible for processing
Bang & Olufsen a/s, Bang og Olufsen Allé 1 , DK-7600 Struer, Denmark is data controller and is responsible for the processing of your personal data.
B&O operates with both own shops and authorized B&O dealers (independently owned shops). The independently owned shops will be processing its own customer data.
Access to your personal data and data portability
You have right to access and receive the personal data concerning you, which you have provided to Bang & Olufsen Group, in a structured, commonly used and machine-readable format and have the right to transmit those data to any third party, you should choose to. Your personal data processed by Bang & Olufsen Group can be accessed through your Bang & Olufsen Account.
Updating and/or deleting your personal data
We encourage you to update your personal data provided to Bang & Olufsen Group any time there are changes in your personal data. This can be done through your Bang & Olufsen Account by logging in and changing the relevant fields.
In order to ensure that your personal data processed by us is up-to-date we request you to check and, if relevant, update your personal data at least once a year.
Your personal data can be deleted from Bang & Olufsen Group servers through your Bang & Olufsen Account, unless Bang & Olufsen Group is entitled or obliged by applicable law and regulations to keep and process such information regardless withdrawal of your consent.
Following deletion your personal data will be deleted from servers of Bang & Olufsen Group without undue delay, while it might take a period of two (2) months to ensure complete deletion of any information that might be stored in our back-up.
You may also contact Bang & Olufsen Group to review, update or delete personal data stored about you. For relevant contact details please see section 19 below. Please note that prior to accessing and making changes to your account, we will need to verify your identity properly.
Right to withdraw your consent
Some of Bang & Olufsen Group's processing activities may be based on your consent. In such case, you will have the right to withdraw your consent at any time. Withdrawal of your consent will not affect the lawfulness of processing conducted prior to the withdrawal.
If you withdraw your consent, Bang & Olufsen Group and third parties involved in personal data processing will cease to process your personal data, unless and to the extent the continued processing or storage is permitted or required according to the applicable personal data legislation or other applicable laws and regulations. Please note that as a consequence of your withdrawal of your consent, Bang & Olufsen Group may not be able to meet your requests or provide you with our services.
Right to restriction of processing and right to object
You have the right to restriction of processing of your personal data, if the personal data is not correct, if the processing is unlawful, but you oppose erasure of your personal data, if Bang & Olufsen Group no longer needs your personal data for the purposes of processing, but storing such data is requested by you for the establishment, exercise or defence of legal claims, or if you have objected to processing and verification, whether Bang & Olufsen Group still has legitimate interest in the given personal data is pending. Please see section 19 for relevant contact details.
At any time you have the right to object to processing of your personal data collected and processed for purposes of the legitimate interests pursued by Bang & Olufsen Group, for instance, when we provide you with relevant product software updates, make your future purchases easier by remembering your shipping details, or when we conduct analytics and statistics on your use type, date and frequency of Bang & Olufsen products. Please see section 19 for relevant contact details.
Furthermore, you have the right to object to processing of your personal data for direct marketing purposes. You can do so by unsubscribing from our marketing information by clicking on the unsubscribe link in the bottom of marketing communication from Bang & Olufsen Group or by accessing your profile through your Bang & Olufsen Account or delete push notifications directly in the app.
Right to complain
If you want to complain about a privacy breach, please contact Bang & Olufsen Group by sending your complain to Bang & Olufsen a/s, Bang og Olufsen Allé 1 , DK-7600 Struer, Denmark, Att. Legal or by sending e-mail to email@example.com.
We will acknowledge receipt of your complaint within five (5) business days. We will do our best to resolve it as quickly as possible and within one (1) month from the date of complaint. In case response would require longer term than one (1) month, we will let you know and inform you of the relevant reason(s).
If you are not satisfied with outcome of your complaint or with handling of your complaint at Bang & Olufsen Group, you may refer your complaint to the Danish Data Protection Authority, Datatilsynet, Carl Jacobsens Vej 35., DK-2500 Valby, Denmark or by sending e-mail to firstname.lastname@example.org.
Third-party websites, plug-ins and services
Websites, apps and products of Bang & Olufsen Group may contain links to third party websites, plug-ins, for instance social media login plug-in, or services, for instance voice control functionality provided by Amazon or Google. As regards your use of voice enabled Bang & Olufsen products, please note that Bang & Olufsen Group does not collect or process any sound recordings on its own behalf, but only makes available third-party services.
Bang & Olufsen Group is committed to protecting the security of your personal data. We use necessary organizational, technical, and administrative measures to protect your personal data under control of Bang & Olufsen Group, such as control of access, transmission, input and availability and the separation of data.
Access to a number of online services at Bang & Olufsen Group are protected by access restrictions based on user name and password. It is important that you always choose a password which is hard to guess for others and protect your password against disclosure.
Your personal details and your credit card details, if you have provided such to Bang & Olufsen Group remain encrypted in Bang & Olufsen Group's secure web servers. Credit card information is directed to one or more approved and certified service provider(s) and will not be stored by Bang & Olufsen. All external transmissions of personal data facilitated by Bang & Olufsen are protected by encryption.
All data storage and processing at computer facilities of Bang & Olufsen Group as well as at business partner facilities are subject to written contracts.
If you have reason to believe that your interaction with Bang & Olufsen Group is no longer secure (for example, if you feel that the security of any account you might have with Bang & Olufsen Group has been compromised), please notify us of the problem immediately by contacting us. Please see section 19 for relevant contact details.
Use by children
Bang & Olufsen Group does not target and is not intended to attract children. Accordingly, our online services, including personal accounts on websites and apps provided by Bang & Olufsen Group that collect any personal data are not directed at and should not be accessed by individuals under the age of sixteen (16 years), and we request that such individuals do not provide any personal data to Bang & Olufsen Group. Minors must obtain express consent from parents or legal guardians prior to accessing or providing any personal data. If notified by a parent or guardian or discovered by other means, that a child under age of sixteen has provided his or her personal data to Bang & Olufsen Group, we will cancel the child's account, if any, and delete the child's personal data in our possession.
Sale of personal data
We do not, and will not, sell your personal data.
California Privacy Rights
Visitors, users, and others who reside in the State of California are also subject to our California Privacy Notice.
TYPES OF PERSONAL DATA AND HOW WE USE YOUR PERSONAL DATA
Sale of personal data
We do not, and will not, sell your personal data.
California residents have the following rights:
1. Right to know about personal data collected or disclosed
You have the right to request that we disclose certain information to you about our collection and use of your personal data over the past 12 months. Once we receive and confirm your verifiable consumer request (instructions and description below), we will disclose to you:
The categories of personal data we collected about you;
The categories of sources for the personal data we collected about you;
Our business or commercial purpose for collecting that personal data;
The categories of third parties with whom we share that personal data;
The specific pieces of personal data we collected about you; and/or
If we disclosed your personal data for a business purpose, including lists of sales, identifying the categories of personal information that each category of recipient purchased or obtained.
2. Right to request deletion of personal data
You have the right to request that we delete any of your personal data that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (instructions and description below), we will delete, and direct our service providers to delete, your personal data from our records, unless an exception applies.
We may deny your request to delete your personal data if retaining the information is necessary for us or our service providers to:
Complete the transaction for which we collected the personal data, fulfill the terms of a written warranty or product recall in accordance with federal law, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract with you;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
Debug or identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise that consumers right of free speech, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546, et seq.)
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
Comply with a legal obligation; and/or
Make other internal and lawful uses of the personal data that are compatible with the context in which you provided it.
3. How to exercise your right
To exercise your right to know about, access, or delete personal data, please submit a verifiable consumer request to us by either: Emailing us at: email@example.com
Written letter to: Bang & Olufsen A/S, Bang & Olufsen Allé 1, DK-7600 Struer, Denmark
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal data. You or your authorized agent may only make a verifiable consumer request for access or data portability twice within a 12-month period.
Your verifiable consumer request must:
a. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal data, or an authorized representative;
b. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal data if we cannot verify your identity or authority to make the request and confirm the personal data relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal data provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response timing and format:
We will confirm receipt of a request within 10 days and provide information about how we will process the request. We endeavor to substantively respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosure we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal data that is readily useable and should allow you to transmit the data from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
4. Right to Non-Discrimination
We will not discriminate against you for exercising any of your rights under the California Consumer Protection Act. Unless permitted by the California Consumer Privacy Act, we will not:
Deny you goods or services;
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
Provide you a different level or quality of goods or services; or
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
California Shine the Light Law:California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please contact firstname.lastname@example.org
Online tracking:Please note that our websites do not support “Do Not Track” browser settings and do not currently participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal or non-personally identifiable data.
B&O does not offer any financial incentive programs to consumers and do not estimate consumer’s data present a significant value to B&O, as we do not sell your personal data.
Bang & Olufsen Group Bang & Olufsen Allé 1 DK-7600 Struer Denmark Att.: Legal
or by sending e-mail to email@example.com