Bang & Olufsen Legal Section
All about what types of personal data we collect and how it is processed.
For Bang & Olufsen
Version: 1.10 Published: March 2022
· The use of the app.
· The information you add to your account. Why and how we use your personal data: · We administrate your account, including the collection of your preferences, identify and certify the identity of the user of the account, prevent unauthorized access and use, to manage communication of notices and notifications and to manage your preferences and consents. We will also use your personal data to bring you a personalised online experience and to make your purchase information available to you. We make your future purchases easier by remembering your shipping details and your references. You can delete your account at any time. · The processing of personal data for your account is based on your consent when you create your account. Improvement of services and products Types of personal data: · Information from your use of the website and apps; IP address, tracking, and in some cases geo location (if you use Store Finder on our webpage). · The information you provide to us when receiving customer service/technical support or participating in customer satisfaction surveys. · Information from your use of the products. Why and how we use your personal data: · We analyze data on an aggregated level to gain insights in customer preferences and to improve the overall experience of the services, expectations and trends etc. In addition, we conduct analytics and statistics on an aggregated level on use type, date and frequency of B&O products to learn how our products are used, to improve the quality of our products and to develop new ones. · We may contact you through email and request your participation in a customer satisfaction survey. · The personal data above is processed based on our legitimate interest as a business.
Customer service/Technical support/updates Types of personal data: · Information about your case/request. · Your contact details, product serial number, product warranty information, place of purchase and other relevant information, which B&O may inquire in order to proceed with your request. · Your user information, such as your personal details, information regarding your (paired) B&O 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 B&O app(s) within your household (if applicable), information you choose to attribute in connection with your B&O devices, for instance when customizing name of your B&O 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 B&O app(s). · If you choose to contact B&O customer service by telephone, we may keep a recording of the audio call. · 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. · Experience 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. Why and how we use your personal data: · B&O will as part of your communication and interaction with you as a customer collect and process information you provide to us through email, chat function, telephone and social media. · We will use your personal data to give you service. In this context we will use your personal data to manage your questions, handle complaints and warranty matters and to provide technical support. · We may also contact you through email, telephone, social media or any other means if there is a problem with your order or product. · We collect a recording of your audio call if you have given your consent hereto in order to improve our customer service. · Whenever you return a product, we use your personal data to verify your identity, to conduct fraud checks or prevent other illegal activity. · We provide you with relevant product software updates. · 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. · Experience APP: The only use of TrueDepth API technologies 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. · The personal data above must be handled in order for us to fulfil our contractual obligations to you or based on our legitimate interest as a business.
Marketing Types of personal data: · The information you have provided to us when purchasing products and contacting us, including contact information, products and offers you have clicked on. · If you have a B&O account, we will also process your personal data submitted in relation to the account such as contact information, shopping history, profile data, shopping and web browsing history subject to your preferences. Personalisation comes through analyzing and predicting aspects concerning your interests, preferences, behaviour etc. by making use of a combination of personal data obtained from you or from third parties. We may also use personal data received from web cookies, pixels, plug-in or other web tracing technologies for the same objectives. To find out more about the use of such technology, please read the section about Cookies. · Information from surveys. Information about the items you have placed in your shopping cart (not checked out).Why and how we use your personal data: · We will use your personal data to provide you with customized offers, information, invitations, competitions and similar marketing content through emails. · In order to optimise your experience of B&O we will provide you with relevant information, recommended products, send you reminders of products you have placed in your shopping cart but have not checked out these items and send you personalised offers. All these services are based on your previous purchases, what you have clicked on and information you have submitted to us. ·If you have an account with Google or social media services such as Facebook, Instagram and YouTube you may receive promotion in your news feed. · Our processing in this regard will be based on your consent when you agree to marketing and your consent when you accept Cookies. Customer experience Types of personal data: · Information provided when completing surveys, questionnaires and feedback forms, such as personal details as specified above, your B&O product warranty ID, place of purchase, your feedback on your use of B&O product(s) and evaluation of the same, and your location information. Why and how we use your personal data: · We collect your feedback regarding your use of B&O products and services by inviting you to complete surveys, questionnaires or feedback forms. · Our processing in this regard will be based on your agreement thereto.
User-generated content Types of personal data: · 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). Why and how we use your personal data: · 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). · Our processing in this regard will be based on your agreement thereto.
Visitors Types of personal data: · Contact details, such as names, phone number, email address and company. Why and how we use your personal data: · To be able to know who is visiting our premises we are keeping your contact details. We need to know this in case of an emergency. · The personal data above is processed based on our legitimate interest as a business. Supplier relations and other business contacts, including events Types of personal data: · Contact information, including name, title, e-mail address, address, company and phone number. Why and how we use your personal data: · 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.
2 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.
Relevant personal information will be deleted after expiry of the below-mentioned periods, unless such data legitimately can be kept and processed for other processing purposes, which we have legal basis for.
Purchases Personal information related to your purchase and product warranty information is kept and processed for a period of one (1) year following the expiry of your warranty, 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. If you have created an account, we will keep the purchase and product warranty information until you delete your account or ask us to delete the information.
Abandoned cart emails (only applicable for USA and Canada) Personal information related to items you have placed in your shopping cart is kept and processed for a period of 12 months.
Account Personal information you have provided us with when creating an account, and other information you have added to your account will be kept until you delete your account. Personal information 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 B&O apps.
Improvement / Customer service / technical support 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 B&O 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.
Telephone calls: The recordings are kept for a period of 30 days.
Claims/complaints: 5 years after the occurrence of the complaint.
Marketing - House of Bang & Olufsen Personal data related to our provision of direct marketing to you (House of Bang & Olufsen) and personal data related to your use of your B&O products is kept and processed until you unsubscribe or change our preferences on your account.
To ensure that the information we keep about you is up-to-date, we may request you to log in to your account and update the information.
After unsubscription, we will keep minimum data to be able to prove that we had a consent for two (2) years.
Customer experience Customer experience data is kept and processed as specified in the User-Generated Content Terms.
User-generated content User-generated content is kept and processed as specified in the User-Generated Content Terms.
Cookies Cookies are kept for maximum one (1) year.
Visitors The contact details from visitors on our premises are kept for two (2) months.
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.
3 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 B&O, between B&O and its authorized dealers and certain types of third parties, as specified in the section ‘Our disclosure of your personal data to third parties’ within the purposes for which your personal data was collected.
Personal data collected in the People’s Republic of China is kept in accordance with applicable Chinese legislation.
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 by transferring to countries approved by the EU Commission as having an adequate level of protection, or by entering into an appropriately-drafted contract between B&O and the non-EEA entity receiving the data.
4 OUR DISCLOSURE OF YOUR PERSONAL DATA TO THIRD PARTIES
1) Our group companies and authorized B&O 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. 2) Third party vendors carrying out services on our behalf, including billing, sales, marketing, IT support, advertising, analytics, research, customer service, product service support, shipping and purchase order fulfillment, 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. 3) Music Streaming Services. When you initiate a connection with a third-party streaming service through B&O products, we may share information about you that is required to enable delivery of the third-party content. 4) Third parties in order to establish, exercise or defend legal rights of B&O. 5) Third parties in the event of any merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of B&O’s assets or stock (including without limitation in connection with any bankruptcy or similar proceedings). 6) 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.
5 YOUR RIGHTS
Under the General Data Protection Regulation, you have a number of rights in relation to our processing of information about you. If you want to exercise your rights, you must contact us. Please note that prior to accessing and making changes to your account, we will need to verify your identity properly. If you have an account, you can also access your data by logging into your account at https://cloud.bang-olufsen.com
Right to see information (right of access) You have a right to gain access to the information that we process about you and receive the personal data concerning you, which you have provided to B&O, 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.
Right to rectification (correction): You have a right to have rectified incorrect information about you. We encourage you to update your personal data provided to B&O any time there are changes in your personal data. 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.
Right to erasure: In special cases, you have the right to have erased information about you before the time of our ordinary general erasure. Following deletion, your personal data will be deleted from servers of B&O 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.
Right to restriction of processing or objections: In certain cases, you have a right to have restricted the processing of your personal data. Also, you have the right to object to processing of your personal data collected and processed for purposes of the legitimate interests pursued by B&O, 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 B&O products.
Right to withdraw your consent: Some of B&O’s processing activities will be based on your consent. In such case, you will have the right to withdraw your consent at any time. Where you have given consent to the processing of your personal data, you are free to withdraw your consent at any time. Withdrawal will not affect the lawfulness of the processing which has already taken place on the basis of your consent. If you choose to withdraw your consent, processing of your personal information will cease and the data will be erased.
Further information: You can read more about your rights in the Danish Data Protection Agency's guidelines on the rights of data subjects. You can also read more about your rights in English by visiting ICO’s webpage. You can also contact us.
Right to complain If you want to complain, please contact us.
If you are not satisfied with the outcome of your complaint or with handling of your complaint at B&O, you can lodge a complaint with the Danish Data Protection Authority. Contact details: E-mail to email@example.com or www.datatilsynet.dk 6 MISCELLANEOUS
Third party websites, plug-ins and services Websites, apps and products of B&O 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. In regards to your use of voice enabled B&O products, please note that B&O does not collect or process any sound recordings on its own behalf, but only makes available third party services.
Data security B&O 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 B&O, such as control of access, transmission, input and availability and the separation of data.
Access to a number of online services at B&O 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 B&O remain encrypted in B&O’s secure web servers. Credit card information is directed to one or more approved and certified service provider(s), and will not be stored for longer than it takes to process the data. All external transmissions of personal data facilitated by B&O are protected by encryption.
All data storage and processing at computer facilities of B&O as well as at business partner facilities are subject to written contracts.
If you have reason to believe that your interaction with B&O is no longer secure (for example, if you feel that the security of any account you might have with B&O has been compromised), please notify us of the problem immediately by contacting us.
Use by children B&O does not target and is not intended to attract children. Accordingly, our online services, including personal accounts on websites and apps provided by B&O that collect any personal data are not directed at and should not be accessed by individuals under the age of sixteen (16), and we request that such individuals do not provide any personal data to B&O. 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 the age of sixteen has provided his or her personal data to B&O, 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.
YOUR RIGHTS 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: firstname.lastname@example.org 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 email@example.com
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.