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Your privacy is important to us at V-MODA LLC, which has its worldwide headquarters at 5100 S. Eastern Ave., Los Angeles, California 90040 USA ("V-MODA", "we" or "us"). When we refer to "personal data" or "personal information" in this Privacy Policy, which we use interchangeably, we mean information that identifies, or which could reasonably be used to identify, an individual.
In this Privacy Policy, we provide information about how we collect, use and transfer personal information about any user or visitor to our website, www.v-moda.com (the "Site"), any user of our world-class high-fidelity headphones, audio devices and other music/audio products (collectively, "Products"), and any other personal information that we process (collect, use or store) about an individual (collectively, "you" or "your"), and what rights you have regarding your personal information. This Privacy Policy also describes the choices available to you regarding our use of your personal data and how you can access and update this information.
If you are resident (1) of California (and a natural person: a "consumer"), please also see the Supplemental Privacy Statement for California consumers below; and (2) in the European Economic Area (“EEA”), please also see the Supplemental Privacy Statement for EEA Residents below, which highlights V-MODA’s compliance with the European Union’s General Data Protection Regulation (GDPR). In general, "personal data" and "personal information" as defined by applicable law resides on our secure servers in the United States, and if transferred to the US from Europe, has been done in accordance with onward transfer requirements such as Data Processing Agreements. This Privacy Policy is effective upon posting.
We collect various types of personal information so that we can provide you with our Products via the Site, and keep you informed about new Products and related offerings, as follows:
We use your personal information to fulfill your Product orders, optimize the Products that we offer, encourage sales of our Products and improve the overall Site experience. In particular, we use:
V-MODA will not disclose your personal data to third parties, except in the following circumstances and in accordance with applicable laws:
V-MODA takes reasonable and appropriate precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.
In order to assure you that the webpages where you provide personal information are trustworthy and secure, such transmission of information will be encrypted and the webpages where such information is collected, such as your account pages, will be SSL-certified by a reputable Internet certification organization such as Let’s Encrypt Authority X3. Nonetheless, you provide your personal information at your own risk. We try to store your personal information securely until such time as it is no longer required or has no further use, as set forth in applicable law. We encourage you to communicate with us should you wish to know what personal information we store about you, or should any of your personal information need modification, or in the event that you wish it to be removed, at privacy@v-moda.com.
Service providers acting on V-MODA's behalf shall be obliged to adhere to confidentiality requirements no less protective than those set forth herein and will only receive access to your personal data as necessary to perform their functions.
We also perform statistical analyses of the users of the Site and Products to improve the content, design and navigation of the Site and to further improve our Products and offerings. In these cases, we use aggregate or statistical data that cannot be used to identify you.
The Site may include links to third-party applications, products, services, or external websites for your convenience and information. If you access those links, you will leave our Site. V-MODA does not control these third-party websites or their privacy practices, which may differ from V-MODA's practices. The V-MODA Privacy Policy does not cover the personal information you choose to provide to or that is collected by these third parties. You are encouraged to review the privacy policies of any third-party site you interact with and use reasonable prudence before you allow them to collect and use your personal information. V-MODA shall not be liable for any damages or harm suffered while visiting or using an external website.
In some cases the Site may frame, mask or include components of third-party websites or content within our interface so that it may appear that you have not left the Site. In such cases, V-MODA will review the privacy practices of such websites, and will include such components or webpages only after determining that such websites maintain a comparable commitment to privacy as V-MODA.
V-MODA may also provide "Follow Us" links to social media websites, such as Facebook, Instagram, Twitter and YouTube, and social media features, such as the social media buttons that enable you to share information with your social networks to interact with V-MODA on various social media websites. Your use of these features may result in the collection or sharing of information about you depending on each specific social media website. This may include your IP address, which page you are visiting on the Site, and a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy policy of the company providing it.
We do not knowingly collect personal information from minors under the age of 18. If we learn that we have collected the personal information of a minor under 18 years old, we will take steps to delete the information as soon as possible.
The Site uses Cookies. To learn more about the Cookies we use and how we use them, please see our Cookies Policy here . With respect to Cookies and similar technologies that are not strictly necessary for our provision of the Site, Products and related services, V-MODA seeks consent from users of the Service in the EEA based on such Policy.
V-MODA provides procedures for you to keep your personal information accurate, complete, and up-to-date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
You can help ensure that your contact information and preferences are accurate, complete, and up-to-date by contacting us using the information below. For other personal information, we make good faith efforts to provide you with access so you can request that we correct the data if it is inaccurate or delete the data if V-MODA is not required to retain it by law or for legitimate business purposes. We will attempt to respond to your request within 30 days or sooner where required by law. As permitted by applicable law, we may decline to process requests where the data is required to be retained by law, required for legitimate business purposes, or jeopardizes the privacy of others.
V-MODA may update its Privacy Policy from time to time to reflect changes to our information management practices. Changes would become effective 48 hours from the time the modifications are posted on the Site. If we make material changes to this Policy, we will notify you here, by email, or by means of a notice on our homepage. In addition, please check the "Last Updated" date at the top of this Policy, which will indicate when the last changes have been made to this Policy. To the maximum extent permitted by applicable law, your continued use of the Site after such modifications are announced on the Site constitutes your acceptance of such modifications. For European residents, please see the Supplemental Privacy Statement for EEA Residents below, which will govern rather than the prior sentence. We encourage you to periodically review this page for the latest information on our privacy practices.
V-MODA is based in California, and most of the servers that we use are also US-based. By accessing or using the Site, or any of V-MODA's services, or by purchasing Products on the Site, you agree that your use of the Site is governed by the laws applicable in the State of California, and you expressly consent to the processing of personal information/data in, and transfer of your personal information/data to, the United States (and any other countries where V-MODA may in the future hold such data, subject to the security representations set forth in this Policy). While we accept orders from outside of the United States, and we treat your personal information with great care, we do not purport to comply with all applicable laws in all other jurisdictions where our users may be located. However, if you are resident and located in the EEA, the Supplemental Privacy Statement for EEA Residents has been provided in addition (or in substitution for certain provisions of this Policy as required by applicable law) with respect to your use of the Site.
We value your opinions. If you have any general questions or comments for V-MODA, please contact us at:
V-MODA, LLC
Attention: Privacy c/o Legal Dept.
5100 S. Eastern Blvd.
Los Angeles, CA 90040 USA
Or via email at privacy@v-moda.com
In light of California's new privacy legislation, the California Consumer Privacy Act of 2018, V-MODA wishes to make the following clear to our many California-based consumers who use V-MODA Products and services: similar to the rights of European residents as detailed in the Supplemental Privacy Statement for EEA Residents below, California consumers (natural persons resident in California) have the following five categories of data privacy rights with respect to their personal information:
As of May 25, 2018, European Union Regulation 2016/679 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, known as the General Data Protection Regulation ("GDPR"), requires us as a data controller of the Site and related services to provide additional and/or different information about our data processing practices to data subjects resident in the European Economic Area ("EEA"). Switzerland has similar provisions. If you are accessing the Site from a member state of the EEA or Switzerland, this Supplemental Privacy Statement for EEA and Swiss Residents applies to you in addition to the Privacy Policy above.
V-MODA may transmit personal data you provide to the United States, and process it in the United States, where the European Commission and Switzerland have determined that the data protection laws may not provide a level of protection equivalent to the laws in your jurisdiction. As required by applicable law, V-MODA is committed to providing an adequate level of protection for your personal data using various means, including, where appropriate:
Any onward transfer is subject to appropriate onward transfer requirements
as required by applicable law.
V-MODA keeps personal data as required to provide our Products and services to you and comply with applicable laws. In addition, it has been our experience that customers often make purchases intermittently, returning to the Site to initiate a purchase of Products after periods of absence, and so we act in a commercially reasonable manner when we attempt to determine when personal data is no longer of use to us. In addition, if you register for an account on the Site, we retain your personal data for as long as you have an account with us and then for as long as we believe it is necessary and appropriate for us to comply with applicable laws, discharge our contractual obligations to you or act within our legitimate interests, or defend our legal interests in connection with any claim or defense we could face before any formal dispute resolution body. We take reasonable measures to ensure that personal data is deleted, erased or de-identified/anonymized once the purposes for which personal data was collected have been fulfilled.
You have a right to request from V-MODA access to and rectification or erasure of your personal data. You also have the right to request that processing concerning you be restricted, in which case such personal data would be marked and processed by us only for certain purposes. We will not charge a fee for this, provided the request is not excessive or unreasonable. In addition, you have the right to data portability, which allows you to receive from us personal data about you which you have provided to us in a structured, commonly used and machine-readable format, such as a CSV file, and the right to transmit such personal data to another entity without hindrance from us if it is technically feasible. We will respond to the request within 30 days, unless the request is complex or you send us multiple requests, in which case we can extend our response by another two (2) months upon notice to you.
You also have the right to object to various data processing activities, including processing activities that are based exclusively on your consent or processing for the purposes of direct marketing. You can exercise such rights by accessing the information in your account and/or by emailing us at privacy@v-moda.com. If you have provided consent for data processing or cookies that are not strictly necessary or that are primarily for promotional purposes, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. You have the right to lodge a complaint with a supervisory authority.
We may choose not to fulfill any request that we determine is illegal or incorrect, where we need to maintain the personal data because of our contractual or legal obligations (e.g., personal data in case files), where the burden or expense of providing access would be disproportionate to the risks to the individual's privacy, or where the rights of persons other than the individual would be violated, but our intention is to comply with opt-out requests, and other requests that seek to correct, update or delete your personal data, as fully as possible in accordance with applicable law.
You will also be given notice should we use your personal data for a purpose other than that for which it was originally collected or processed. We do not ask for, collect or knowingly receive sensitive personal data, i.e., personal data specifying medical or health conditions, racial or ethnic origin, political opinions, religious beliefs, or information relating to sex life.
You are not required to provide any personal data to V-MODA, but if you do not provide any personal data to V-MODA, you may not be able to use the Site effectively or make Product purchases from us.
With respect to HR-related personal data about employees of V-MODA or affiliated companies located in Italy or elsewhere in the EEA, access to such data will be provided to such associates either directly or through V-MODA’s wholly owned subsidiary. Should any such employees not be satisfied with internal review procedures or applicable grievance procedures by law or contract regarding any complaint about data protection rights, their recourse would be to the national data protection authority in the jurisdiction where such employees work. We will cooperate with any such authority. Some personal data that originates in the EEA, including HR-related personal data, will be maintained at V-MODA’s secure data centers in the United States, via a transfer between data controllers within a controlled group of entities, to V-MODA’s data centers or cloud-hosted Dropbox account.
V-MODA does not use in connection with the Site automated decision-making in a way that produces legal effects concerning you or which significantly affects you.
If you are resident in the EEA or Switzerland and have any complaint or concern regarding how we collect or process your personal data under this Privacy Policy, please contact us at privacy@v-moda.com. We suggest that you put in the subject line of any email or communication "Privacy Policy" or "Privacy Complaint." We will respond within 45 days. If this does not resolve your concern, you have the right to raise the issue with your local Data Protection Authority in the EEA or Switzerland.
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