Last Updated: Jan 30, 2023
INTRODUCTION
This Privacy Statement and Notice of Privacy Practices ("Privacy Statement") sets forth the privacy practices of The HIFI CAT (“us” or “we”) for the collection of our customers' personal information in the United States.
Your use of this website or your use of sites that may link to this Privacy Statement, or your use of our "M&D Connect" mobile application, or of any pages, facilities, services, or capabilities accessible on or by any domain owned by us (each, a “Site”) apply strictly to customer information collected in the United States. This Privacy Statement governs your use of the Site and our Products and Services which are defined herein below.
INTRODUCTION
This Privacy Statement and Notice of Privacy Practices ("Privacy Statement") sets forth the privacy practices of The HIFI CAT (“us” or “we”) for the collection of our customers' personal information in the United States.
Your use of this website or your use of sites that may link to this Privacy Statement, or your use of our "M&D Connect" mobile application, or of any pages, facilities, services, or capabilities accessible on or by any domain owned by us (each, a “Site”) apply strictly to customer information collected in the United States. This Privacy Statement governs your use of the Site and our Products and Services which are defined herein below.
REVISIONS AND MATERIAL CHANGES TO THIS PRIVACY STATEMENT
Because the Web is an evolving medium, we may need to change our Privacy Statement at some point in the future, in which case we'll post the revised Privacy Statement on this site and update the above "Last Updated" date to reflect the date of the changes. If necessary, we will provide additional information regarding any changes to this Privacy Statement as may be required by law and may ask you to affirmatively accept those changes.
Your access of the Site for the limited and exclusive purpose of reviewing this Privacy Statement does not constitute your acceptance of this Privacy Statement unless you make any further access or use of our Site. By continuing to use the Site or providing us with your personal information after we post any such changes, you accept the Privacy Statement as modified.
This Privacy Statement is not intended to and does not create any contractual or other legal right in or on behalf of any party. Please see our Terms of Use for additional information on your lawful use of the Site.
SUMMARY OF PRIVACY STATEMENT
This Privacy Statement notifies you of:
what personal information of yours is collected from you through the Site and when you engage with our third party service providers;
how your personal information is used by HIFI CAT;
with whom the personal information may be shared;
what choices are available to you regarding collection, use and distribution of your personal information;
the kind of procedures we employ in an effort to hinder the unauthorized access, deletion, alteration, use or disclosure of information you provide to HIFI CAT or by using the Site and how you can correct any inaccuracies in the personal information you provide to us.
DESCRIPTION OF OUR PRODUCTS AND SERVICES
The HIFI CAT which is the seller of high end, beautifully designed and technically sophisticated head phone "sound tools" or Desktop audio("Products" and "Services") for creative minds. We see our headphones as modern thinking caps: tools to help you focus and tune into your work while tuning out the world around you. We offer tools that help transport and inspire your mind. We are proud to offer our Products and Services for sale on our e-commerce platform to users in markets across the globe.
PERSONAL INFORMATION WE COLLECT AND USE TO PROVIDE THE PRODUCTS AND SERVICES
We gather and use your personal information to provide you with information about our Products and Services; provide you with superior customer service and to support and enhance our relationship with you. For example, we may communicate offers on Products and Services that we believe will be of interest to you and to administer our business or to offer your information on events or special opportunities or offers when you sign up and share your personal information with us. We may also gather your personal information when you purchase and/or register our Products or update the firmware and/or otherwise facilitate use of our Products.
We do not collect any personal information about you unless you choose to provide it to us voluntarily. We define “personal information” as information that is unique to and identifies you and might include your phone number, email address, first and last name, credit card information, company name, address information, and IP address information. “Personal information” also includes Internet activity information, including your browsing and search history, as well as inferences drawn from personal information, such as preferences. Generally, we need this information to process and fulfill your order and notify you of your order status.
Other examples of when we may ask you to voluntarily provide personal information include if you subscribe to receive emails from us (information such as your name and e-mail address), or choose to provide us with your preference information (such as interests, product preferences, and items purchased) or visit our Site (information such as your IP address and your communications to us).
Then types of personal information we collect may include, but are not limited to, the following:
Your name, e-mail address(es), phone number(s), fax number(s), work and/or home address;
Information that will allow us to complete a transaction and process your orders for Product and Services. This would include your shipping and billing information, credit card information or other preferred payment means, history of purchases;
Information about your use of the Site. This would include your IP address, your frequency of use of the Site, your responses to individual offerings, the types of features you most use; and
Customer service information or general account information. This would include communications between you and us and your account preferences.
If you encounter a screen or page that requests information you do not want to share with us, you may choose not enter the information and do not proceed with that screen or page. Some information may be collected automatically through technical means when you visit the Site, namely, your IP address.
If you do provide us with personal information, we will only use it for the purposes described where it is collected, and we will not sell, license, transmit or disclose this information outside of The HIFI CAT or its affiliates unless (1) you expressly authorize us to do so, (2) it is necessary to allow our trusted service providers or agents to provide services for us, (3) in order for our third party service providers to provide services on our behalf (4) in order to provide our Products or Services to you, (5) it is disclosed to entities that perform marketing services on our behalf or to other entities with whom we have joint marketing agreements, (6) it is necessary in connection with a sale of all or substantially all of the assets of New Audio or the merger of the New Audio into another entity or any consolidation, share exchange, combination, reorganization, or like transaction in which The HIFI CAT is not the survivor, or (7) otherwise as we are required or permitted by law.
USE OF PERSONAL INFORMATION COLLECTED ON THE SITE
The personal information we collect on the Site will be used to provide the Products or Services or carry out the transaction(s) you have requested or authorized. In support of these uses, we may use personal information to provide you with more effective customer service, to improve the Site and any related Products or Services, and to make the Site easier to use by eliminating the need for you to repeatedly enter the same information or by customizing the Site to your particular preference or interests.
We may use your personal information to provide you with important information about the Products or Services that you are using, including critical updates and notifications. Additionally, when you provide us with your permission, we may share personal information with our trusted partners so they may send you information about their Products and Services.
As set forth above, we partner with other companies to provide limited services on our behalf, such as website hosting, fulfilling orders, packaging, mailing, email marketing and sending information about our products, special offers, credit card processing, and other services. You can learn more about the individual company we utilized to perform the above described services by reviewing the “THIRD PARTY SERVICE PROVIDERS PROCESSING YOUR PERSONAL INFORMATION” section of this Privacy Statement.
We will only provide those companies the personal information they need to deliver the service. These companies do not to our knowledge, retain, share, store or use personal information for any secondary purposes. You can learn more about the data protection measures employed by the individual companies we utilize by reviewing the "PRIVACY AND DATA SECURITY OF THIRD PARTY SERVICE PROVIDERS" section of this Privacy Statement.
We may share your information within the HIFI CAT and its business divisions. Your information will not be shared with third parties unless it is necessary to fulfill a transaction you have requested, or in other circumstances in which you have consented to the sharing of your personal information.
We may use your personal information to present offers to you on behalf of our business partners. These business partners may receive aggregate data about groups of users, but do not receive information that personally identifies you.
We may also use the personal information collected for internal purposes, namely, for solving technical problems, calculating overall usage statistics, internal marketing and promotional purposes, product development and content improvement.
We may disclose personal information if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on us or the Site; (b) protect and defend the rights or property of the New Audio; or (c) act in urgent circumstances to protect the personal safety of our employees or agents, users of our Products or Services, or members of the public. We will cooperate with law enforcement authorities.
We reserve the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by or merger with another company. In such an event, we will notify you before information is transferred and becomes subject to a different privacy statement. We also encourage you to periodically check this page for Privacy Statement updates.
The personal information we collect on the Site will be used to provide the Products or Services or carry out the transaction(s) you have requested or authorized. In support of these uses, we may use personal information to provide you with more effective customer service, to improve the Site and any related Products or Services, and to make the Site easier to use by eliminating the need for you to repeatedly enter the same information or by customizing the Site to your particular preference or interests.
We may use your personal information to provide you with important information about the Products or Services that you are using, including critical updates and notifications. Additionally, when you provide us with your permission, we may share personal information with our trusted partners so they may send you information about their Products and Services.
As set forth above, we partner with other companies to provide limited services on our behalf, such as website hosting, fulfilling orders, packaging, mailing, email marketing and sending information about our products, special offers, credit card processing, and other services. You can learn more about the individual company we utilized to perform the above described services by reviewing the “THIRD PARTY SERVICE PROVIDERS PROCESSING YOUR PERSONAL INFORMATION” section of this Privacy Statement.
We will only provide those companies the personal information they need to deliver the service. These companies do not to our knowledge, retain, share, store or use personal information for any secondary purposes. You can learn more about the data protection measures employed by the individual companies we utilize by reviewing the "PRIVACY AND DATA SECURITY OF THIRD PARTY SERVICE PROVIDERS" section of this Privacy Statement.
We may share your information within the HIFI CAT and its business divisions. Your information will not be shared with third parties unless it is necessary to fulfill a transaction you have requested, or in other circumstances in which you have consented to the sharing of your personal information.
We may use your personal information to present offers to you on behalf of our business partners. These business partners may receive aggregate data about groups of users, but do not receive information that personally identifies you.
We may also use the personal information collected for internal purposes, namely, for solving technical problems, calculating overall usage statistics, internal marketing and promotional purposes, product development and content improvement.
We may disclose personal information if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on us or the Site; (b) protect and defend the rights or property of the New Audio; or (c) act in urgent circumstances to protect the personal safety of our employees or agents, users of our Products or Services, or members of the public. We will cooperate with law enforcement authorities.
We reserve the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by or merger with another company. In such an event, we will notify you before information is transferred and becomes subject to a different privacy statement. We also encourage you to periodically check this page for Privacy Statement updates.
ACCESS TO AND ABILITY TO CORRECT OR DELETE PERSONAL DATA
Upon request via postal mail, e-mail, or telephone, we will provide users a summary of your personal information retained by us. You may modify, correct, change, request us to delete or update personal information that we have collected by the Site by contacting us via postal mail, e-mail, or telephone. See the “CONTACT INFORMATION” section of this Privacy Statement for information about how to contact us with these requests.
Although you may request to delete personal information that we have collected, we reserve the right to deny this request if we are permitted by law to retain the information, including, for example, when the information is required to complete a transaction with you, to protect against illegal activity and prosecute those responsible for such activity, to comply with a legal obligation, or for lawful internal use by us.
OPTING OUT OF EMAIL COMMUNICATIONS
When you provide us your e-mail address, we may send you customized links or similar technologies to track e-mail links that you click. We may associate that information with your personal information in order to provide you more focused e-mail communications or purchase information. Each e-mail communication includes an unsubscribe link allowing you to stop delivery of that type of communication.
You may at any time opt out of having your personal information used for any and all purposes by contacting us by any means identified below in the “CONTACT INFORMATION” section of this Privacy Statement.
Please be aware that it may take up to sixty (60) days for your opt-out choices to be fully effective. If you no longer desire our Products or Services or no longer wish to receive information or marketing materials related to our Products or Services, please contact us by any of the ways described in the below "CONTACT INFORMATION" section of this Privacy Statement.
We utilize Klaviyo, a third party service to assist us with managing our email marketing campaigns and to coordinate your email preferences. You can learn more about Klaviyo's privacy policy by clicking here:
https://www.klaviyo.com/privacy
Upon request via postal mail, e-mail, or telephone, we will provide users a summary of your personal information retained by us. You may modify, correct, change, request us to delete or update personal information that we have collected by the Site by contacting us via postal mail, e-mail, or telephone. See the “CONTACT INFORMATION” section of this Privacy Statement for information about how to contact us with these requests.
Although you may request to delete personal information that we have collected, we reserve the right to deny this request if we are permitted by law to retain the information, including, for example, when the information is required to complete a transaction with you, to protect against illegal activity and prosecute those responsible for such activity, to comply with a legal obligation, or for lawful internal use by us.
OPTING OUT OF EMAIL COMMUNICATIONS
When you provide us your e-mail address, we may send you customized links or similar technologies to track e-mail links that you click. We may associate that information with your personal information in order to provide you more focused e-mail communications or purchase information. Each e-mail communication includes an unsubscribe link allowing you to stop delivery of that type of communication.
You may at any time opt out of having your personal information used for any and all purposes by contacting us by any means identified below in the “CONTACT INFORMATION” section of this Privacy Statement.
Please be aware that it may take up to sixty (60) days for your opt-out choices to be fully effective. If you no longer desire our Products or Services or no longer wish to receive information or marketing materials related to our Products or Services, please contact us by any of the ways described in the below "CONTACT INFORMATION" section of this Privacy Statement.
We utilize Klaviyo, a third party service to assist us with managing our email marketing campaigns and to coordinate your email preferences. You can learn more about Klaviyo's privacy policy by clicking here:
https://www.klaviyo.com/privacy
PRIVACY AND DATA SECURITY
HIFI CAT is committed to safeguarding your personal information. Whenever you provide such information, we are legally obliged to use your information in line with all laws concerning the protection of personal information. Our Site takes precautions to protect our users’ information. We restrict access to personal information collected about you at our Site to our employees, our affiliates' employees, or others who need to know that information to provide services to you or in the course of conducting our normal business operations. While no website can guarantee security, the Site maintains appropriate physical, electronic, and procedural safeguards to protect your personal information collected via the Site. We protect our databases with various physical, technical and procedural measures and we restrict access to your information by unauthorized persons. We also advise all New Audio employees about their responsibility to protect customer data and we provide them with appropriate guidelines for adhering to our business ethics standards and confidentiality policies.
THIRD PARTY SERVICE PROVIDERS PROCESSING YOUR PERSONAL INFORMATION
We are not experts in everything and so cannot run our business without involving other people and businesses to help us provide our Site, Products and Services to you. These people may have to access to or process some of the information we collect from or about you in order to help us in this way. The main third parties that we may share your information with are:
Shopify Data Processing Inc. c/o Server Central; 2200 Busse Road, Elk Grove Village, Illinois 60007. Shopify is certified as Safe Harbor compliant under the United States' Department of Commerce Safe Harbor Certification Program. You can review Shopify's safe harbor certification here: http://safeharbor.export.gov/companyinfo.aspx?id=22079
The Klaviyo Inc. (“Klaviyo“) 225 Franklin St, Boston, MA 02110 ("Klaviyo") is a third party online platform that allows New Audio to create, send, and manage email marketing campaigns. Klaviyo complies with the U.S.–E.U. and U.S.–Swiss Safe Harbor Framework, which is overseen by the U.S. Department of Commerce and covers the collection, use, and retention of personal data from European Union member countries and Switzerland. For more information about the Safe Harbor and to view the certification please click on this link: http://safeharbor.export.gov/companyinfo.aspx?id=23996
Rakuten Marketing ("Rakuten") may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.
https://rakutenmarketing.com/legal-notices/services-privacy-policy/
https://rakutenmarketing.com/legal-notices/subject-requests/
PRIVACY AND DATA SECURITY OF THIRD PARTY SERVICE PROVIDERS
We do not control our third party service provider's data security. We are providing the information above for your review and consideration. If you have reservations with respect to the privacy statements of our third party service providers then you should not provide us with your personal information. With respect to how our third party service providers safeguard your personal information you may review their respective privacy polices by clicking on the following:
http://www.shopify.com/legal/privacy,
https://www.klaviyo.com/privacy
https://rakutenmarketing.com/legal-notices/services-privacy-policy/
https://rakutenmarketing.com/legal-notices/subject-requests/
HIFI CAT is committed to safeguarding your personal information. Whenever you provide such information, we are legally obliged to use your information in line with all laws concerning the protection of personal information. Our Site takes precautions to protect our users’ information. We restrict access to personal information collected about you at our Site to our employees, our affiliates' employees, or others who need to know that information to provide services to you or in the course of conducting our normal business operations. While no website can guarantee security, the Site maintains appropriate physical, electronic, and procedural safeguards to protect your personal information collected via the Site. We protect our databases with various physical, technical and procedural measures and we restrict access to your information by unauthorized persons. We also advise all New Audio employees about their responsibility to protect customer data and we provide them with appropriate guidelines for adhering to our business ethics standards and confidentiality policies.
THIRD PARTY SERVICE PROVIDERS PROCESSING YOUR PERSONAL INFORMATION
We are not experts in everything and so cannot run our business without involving other people and businesses to help us provide our Site, Products and Services to you. These people may have to access to or process some of the information we collect from or about you in order to help us in this way. The main third parties that we may share your information with are:
Shopify Data Processing Inc. c/o Server Central; 2200 Busse Road, Elk Grove Village, Illinois 60007. Shopify is certified as Safe Harbor compliant under the United States' Department of Commerce Safe Harbor Certification Program. You can review Shopify's safe harbor certification here: http://safeharbor.export.gov/companyinfo.aspx?id=22079
The Klaviyo Inc. (“Klaviyo“) 225 Franklin St, Boston, MA 02110 ("Klaviyo") is a third party online platform that allows New Audio to create, send, and manage email marketing campaigns. Klaviyo complies with the U.S.–E.U. and U.S.–Swiss Safe Harbor Framework, which is overseen by the U.S. Department of Commerce and covers the collection, use, and retention of personal data from European Union member countries and Switzerland. For more information about the Safe Harbor and to view the certification please click on this link: http://safeharbor.export.gov/companyinfo.aspx?id=23996
Rakuten Marketing ("Rakuten") may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.
https://rakutenmarketing.com/legal-notices/services-privacy-policy/
https://rakutenmarketing.com/legal-notices/subject-requests/
PRIVACY AND DATA SECURITY OF THIRD PARTY SERVICE PROVIDERS
We do not control our third party service provider's data security. We are providing the information above for your review and consideration. If you have reservations with respect to the privacy statements of our third party service providers then you should not provide us with your personal information. With respect to how our third party service providers safeguard your personal information you may review their respective privacy polices by clicking on the following:
http://www.shopify.com/legal/privacy,
https://www.klaviyo.com/privacy
https://rakutenmarketing.com/legal-notices/services-privacy-policy/
https://rakutenmarketing.com/legal-notices/subject-requests/
THIRD PARTY PAYMENT PROCESSORS
HIFI CAT utilizes PayPal, a third party payment processor, to process credit card payment transactions on the Site. When you select the "check-out" feature icon on the Site and have entered in your transaction information you may select the PayPal icon to complete the transaction. You may choose to pay with an established PayPal account in which case you will be asked to provide your login credentials including your name and email address. You may also choose to pay directly with a debit or credit card in which case, in order to complete the transaction, you must enter in your personal information on the PayPal site. This information includes any debit or pre-paid gift card information, the type of payment card your are using, i.e. Visa, Mastercard, Amex, the expiration date of your card and your billing information including first name, last name, home address, shipping address if different from home address, your phone number and email address. New Audio does not retain any of your credit or debit card information that you provide when you check out using PayPal. You can read more about PayPal's privacy and data security practices at https://www.paypal.com/us/webapps/mpp/ua/privacy-full
HIFI CAT also utilizes Shop Pay, another third party payment processor, which allows you to complete your transaction using payment information stored in your Amazon account. If you complete your transaction using Shop Pay, your payment method information is not shared with New Audio. You can read more about Amazon Pay’s privacy and data security practices at
https://www.shopify.com/legal/privacy/app-users
COOKIES
The Site may also collect certain technical information about your visit. It can include information, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the type of operating system you are using, the date and time you accessed the site; the pages that you access while at the Site, your manner of connecting to the Internet, the Internet address of the website from which you linked directly to our site, other information about your geographic location, and the domain name of your Internet service provider.
CALIFORNIA PRIVACY RIGHTS
This notification is required under California law. Under California law, California residents may opt-out of our disclosing personal information about them to third parties for their marketing purposes. If you are a California resident and do not want us to disclose your information to other companies for their marketing purposes, please contact us by any of the ways described in the “Contact Information” section below. Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To request a copy of such information, please contact us by any of the ways described in the “CONTACT INFORMATION” section below, and we will respond within 30 days as required by law.
SOCIAL MEDIA
Any information, communications, or material of any type or nature that you submit to our Site or through our Services (including, but not limited to any HIFI CAT website contained on a social media platform or website such as Facebook, Instagram or Twitter) by email, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”), is done at your own risk and without any expectation of privacy. HIFI CAT cannot control the actions of other users of any social media platform or website and HIFI CAT is therefore not responsible for any content or Submissions contained on such sites and platforms. By visiting any HIFI CAT website that is contained on a social media platform or website, you are representing and warranting to HIFI CAT that you have reviewed the applicable Privacy Statement and terms of use of such platform or website and that you will abide by all such provisions contained therein. Additionally, in the event that HIFI CAT offers a message board or any other interactive or social-type feature on a website administered directly by New Audio, please be aware that these areas may allow you to publicly post, and share with other users, certain messages, content, or other information (e.g., stories, pictures, tips, etc.). Although HIFI CAT may take certain precautions to protect those who use these areas of the Site, we encourage you to be wary of giving out any personal information in such public forums. The information you post can be collected and used by people you don't know. We cannot guarantee the privacy and safety of these areas and are therefore not responsible for any information you choose to post. Your use of these features is fully at your own risk.
Any information, communications, or material of any type or nature that you submit to our Site or through our Services (including, but not limited to any HIFI CAT website contained on a social media platform or website such as Facebook, Instagram or Twitter) by email, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”), is done at your own risk and without any expectation of privacy. HIFI CAT cannot control the actions of other users of any social media platform or website and HIFI CAT is therefore not responsible for any content or Submissions contained on such sites and platforms. By visiting any HIFI CAT website that is contained on a social media platform or website, you are representing and warranting to HIFI CAT that you have reviewed the applicable Privacy Statement and terms of use of such platform or website and that you will abide by all such provisions contained therein. Additionally, in the event that HIFI CAT offers a message board or any other interactive or social-type feature on a website administered directly by New Audio, please be aware that these areas may allow you to publicly post, and share with other users, certain messages, content, or other information (e.g., stories, pictures, tips, etc.). Although HIFI CAT may take certain precautions to protect those who use these areas of the Site, we encourage you to be wary of giving out any personal information in such public forums. The information you post can be collected and used by people you don't know. We cannot guarantee the privacy and safety of these areas and are therefore not responsible for any information you choose to post. Your use of these features is fully at your own risk.
CONTACT INFORMATION
If you have any questions or concerns about this Privacy Statement, please contact us at the telephone number or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them. You may contact us at [email protected].
If you have any questions or concerns about this Privacy Statement, please contact us at the telephone number or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them. You may contact us at [email protected].
