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Privacy Policy

Privacy Policy

This Privacy Policy describes Emotiva Audio’s (referred to as either “Emotiva Audio”, "the Company", "We", "Us" or "Our") policies and procedures on the collection, use and disclosure of your information when you visit Emotiva Audio’s website and tells you about your privacy rights and how the law protects you.

COLLECTING AND USING YOUR PERSONAL DATA

Types of Data Collected

Personal Data

While using Our services, we may ask you to provide certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Usage Data

Usage Data

Usage data is collected automatically when using Emotiva Audio’s website. Usage data may include information such as your device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access Emotiva Audio’s website by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

We may also collect information that your browser sends whenever you visit Emotiva Audio’s website or when you access the website by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Emotiva Audio’s website and store certain information. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of Emotiva Audio’s website. Unless you have adjusted your browser setting so that it will refuse cookies, the system will issue cookies when you direct your browser to Emotiva Audio’s website.

Use of Your Personal Data

Emotiva Audio may use personal data for the following purposes:

  • To provide and maintain Emotiva Audio’s website, including to monitor the usage of the website.
  • To manage your account: to manage your registration as a user of Emotiva Audio’s website. The personal data you provide can give you access to different functionalities of the website that are available to you as a registered user.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with Us through the website.
  • To contact you: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide you with news, special offers and general information about other goods, services and events which Emotiva Audio offers that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
  • To manage your requests: To attend and manage your requests to Emotiva Audio.

Sharing of Your Personal Data

We may share your personal information in the following situations:

  • With Service Providers: We may share your personal information with service providers to monitor and analyze the use of Emotiva Audio’s website, for payment processing, and to contact you.
  • For Business Transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • With Affiliates: We may share your information with Our affiliates, in which case We will require those affiliates to honor this Privacy Policy. Affiliates include any subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  • With Business Partners: We may share your information with Our business partners to offer you certain products, services or promotions.
  • Governmental bodies, regulators, law enforcement agencies, security services, courts/tribunals and insurers: We may share your information where We are required to do so in order to comply with Our legal obligations and the administration of justice.

Disclosure of Your Personal Data

Law enforcement

Under certain circumstances, Emotiva Audio may be required to disclose your personal data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

Emotiva Audio may disclose your personal data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of Emotiva Audio
  • Prevent or investigate possible wrongdoing in connection with Emotiva Audio’s services and website
  • Protect the personal safety of users of the website or the public
  • Protect against legal liability

Retention of Your Personal Data

Emotiva Audio will retain your personal data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal data to the extent necessary to comply with Our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce Our legal agreements and policies.

Emotiva Audio will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Emotiva Audio’s website, or We are legally obligated to retain this data for longer time periods.

Email Marketing

We may use your personal data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

We may use email marketing service providers to manage and send emails to you.

Shopify

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows Us to sell Our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. Payment: If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.

Third-party Services

In general, the third-party providers used by Us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information We are required to provide to them for your purchase-related transactions. For these providers, We recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or Us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or Emotiva Audio’s Terms of Service.

CCPA Privacy

Your Rights under the CCPA

Under this Privacy Policy, and by law if you are a resident of California, you have the following rights:

  • The right to notice. You must be properly notified which categories of personal data are being collected and the purposes for which the personal data is being used.
  • The right to access / the right to request. The CCPA permits you to request and obtain from Emotiva Audio information regarding the disclosure of your personal data that has been collected in the past 12 months by Emotiva Audio or its subsidiaries to a third-party for the third party's direct marketing purposes.
  • The right to say no to the sale of personal data. You also have the right to ask Emotiva Audio not to sell your personal data to third parties.
  • The right to know about your personal data. You have the right to request and obtain from Emotiva Audio information regarding the disclosure of the following:
  • The categories of personal data collected
  • The sources from which the personal data was collected
  • The business or commercial purpose for collecting or selling the personal data
  • Categories of third parties with whom we share personal data
  • The specific pieces of personal data we collected about you
  • The right to delete personal data. You also have the right to request the deletion of your personal data that have been collected in the past 12 months.
  • The right not to be discriminated against. You have the right not to be discriminated against for exercising any of your consumer's rights, including by:
  • Denying goods or services to you
  • Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
  • Providing a different level or quality of goods or services to you
  • Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services

Exercising Your CCPA Data Protection Rights

If you wish to exercise any of the above rights, you can contact Us using the details set out in the “Contact Us” section below.

Age of consent

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given Us your consent to allow any of your minor dependents to use this site.

Military Discount Terms and Conditions

The military discount cannot be combined with any other promotions or closeouts.

Email Giveaway Terms & Conditions

One shopper chosen each quarter (three-month period) will win a $500.00 Gift Card valid for Emotiva Audio products. One winner will be selected entirely at random from the entries received during the promotion.

Way to enter

Submit your email address to the email capture on emotiva.com

Prizes

We will give away one $500.00 Gift Card valid for Emotiva.com to one lucky winner. Sweepstakes is void where prohibited. Valid until the sweepstakes expires.

Official Rules

  • One (1) $500.00 Emotiva.com Gift Card (the “Prize”) will be given away to one lucky winner each quarter (90 days)! No transfer, assignment, cash redemption or substitution for the Prize is permissible, except by Emotiva Audio due to prize unavailability, and then a prize of equal or greater value (as determined by Emotiva Audio) may be substituted. The ARV of the Prize is $500.00.
  • Applicants must be 18 years of age or older.
  • Emotiva Audio employees and their families are not eligible to participate.
  • The challenge will run in 90-day brackets with a winner chosen each 90 days.
  • To enter: (1) go to Emotiva.com and submit your email address through the email capture on the page.
  • You must own all right, title and interest in and to all intellectual property rights associated with your entry.
  • Entries that do not meet all qualifications and eligibility requirements will be disqualified.
  • No purchase is necessary to enter.
  • There will be one winner each quarter during this sweepstakes. The winners will be chosen randomly. The odds of winning depend on the number of entries received.
  • A winner will be contacted via email at the end of each 90-day period. Don’t forget to check your email to see if you are one of the lucky winners!

Emotiva Emobuck Terms & Conditions 2020

Emotiva Emobuck credit will be issued immediately after purchase in the form of a store credit one-time discount code, which can be used on your next purchase. Store credit is 30% of order values over $100. Trade-in purchases, product upgrades, and gift cards are excluded from the Emobuck promotion. If the purchase that qualified for the promotional credit is returned within the 30-day trial period, and the credit is redeemed on another order before the return is initiated, the credit amount will be deducted from the original qualifying purchase refund. If the qualifying purchase is returned during the 30-day trial, the unused credit will be voided. Credit must be used within 90 days of the issue date and will expire. Promotion expired 5/31/20.

Father’s Day 2020 promo terms and conditions

Buy an RMC-1, RMC-1L, or XMC-1, and take 25% off an X series amplifier! Promotion ends 6/22, or while supplies last. Deal cannot be combined with other discounts. Trade-ins, upgrades, promotional credit, and Factory Renewed are excluded. If the qualifying processor is returned within the 30-day return period, and the amplifier is not returned, the 25% promotional savings will be deducted from the refund of the processor.

SMS/MMS Mobile Messaging Marketing Program

We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages.  WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

Contacting Us

In the event of any query or complaint in connection with this Privacy Policy or the information we hold about you, please email Us at: info@emotiva.com, or write Us at: Emotiva Audio, My Data Queries, 135 SE Parkway Court, Franklin, Tennessee, US, 37064

Changes to Our Privacy Policy

We may update this Privacy Policy from time to time and so you should review this page periodically. When We change this Privacy Policy in a material way, We will update the “last updated“ date at the end of this Privacy Policy. Changes to this Privacy Policy are effective when they are posted on this page.

 

Last updated: 08/25/20

 

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