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Privacy Policy

WHO ARE WE

 

Skullcandy Inc., 6301 No. Landmark Drive, Park City, Utah 84098, U.S.A., ("Skullcandy", "we", "us" or "our") is committed to respecting the privacy rights of all users of our websites where this Privacy Policy is posted ("Site") and individuals who may contact Skullcandy at local retail stores and our customer service, and through our contest sweepstakes, online surveys or use of applications and/or software we may make available from time to time (collectively “Services”).

 

This Privacy Policy sets out the basis on which the personal data we collect from you, or that you provide to us, will be used by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.


WHAT PERSONAL DATA DO WE COLLECT?

 

The personal data that we collect when you visit our Site, register for contests and/or promotions, respond to communication channels such as e-mail and register or subscribe to our Services, may include the following:

 

  • Information you provide to Skullcandy - we collect data that you choose to provide to us when filling out forms on our Site, by corresponding with us, when subscribing to our newsletter or promotional activities or when filling out surveys. Such data includes your name, address, date of birth, gender, email address, phone number, geographic region and information about your preferences and interests. This information also includes data about friends and family such as name, address, email address and phone number if you share that information with us, for example when you want to ship products to family and friends and others.

 

  • Information automatically collected - whenever you visit or interact with the Site, we automatically collect data about your visit. Such information includes IP address and other unique identifiers for the computer, mobile or other device you use to access the Site and any referring website. We gather such information through cookies and other web technologies. See also our Cookie Policy to find out more.

 

  • Information from third parties - Sometimes the Site may permit interactions with third-party websites. This enables you to "like" a product or "share" content to third-party websites. In doing so, the information (i.e. that you "like" a certain product) will become public and the third-party website (like Facebook) will have access to this information. In addition, we may receive data about you if other users of a third-party website give us access to their profiles and you are one of their “connections”, or if information about you is otherwise accessible through your connection's social networking page.

 

Unless otherwise specified above, the provision of the above personal data is not required: you do not have to provide us your personal data and we will not automatically collect information if you reject or switch off our cookies. However, we may not be able to provide the Services you request from us without your personal data. For example, we are unable to deliver the products that you ordered or to enroll you in sweepstakes, contests and other promotions without your personal data.

 

 

 

PURPOSES FOR WHICH WE USE PERSONAL DATA

 

We collect and use your personal data for the purposes described below and on the following lawful bases:

 

  • For the performance of our agreement with you - In order to manage and handle your purchases, to provide you with the relevant products or services (for instance to deliver a prize you may have won in a contest), to administer and facilitate you to enter into a contest, promotion, survey or other Site feature.

  • For our legitimate interests as a business when those interests are not overridden by your interests, fundamental rights or freedoms - Our legitimate interests to analyse visits to and use of the Site to improve and develop our products and Services; to generate aggregate statistics on Site use in order to deliver the type of content, features and promotions that you like the most; to ensure the security of our Services; to prevent fraud, hacking, cheats and spamming; and to facilitate our response to legal processes (e.g., a court order, warrant or subpoena). 

  • Based on your consent - We use your personal data based on your consent when you sign up to receiving our marketing communications through our Site or otherwise expressly consent to the use of your personal data. You can withdraw your consent at any time by sending an email to legal@skullcandy.com or by opting-out by following the opt-out instructions in the relevant marketing communication.

 

WHO WE SHARE YOUR PERSONAL DATA WITH

 

We do not share your personal data other than described in this paragraph:

 

  • Website hosting partners and processors - We engage third party vendors, agents, service providers, and affiliated entities to provide services to us on our behalf, such as support for the internal operations of our websites, online stores (including payment processors and third parties we use for sending your orders to your home address), Services (e.g., technical support), as well as related offline product support services, data storage and other services.

 

  • Third parties in case of legal requirement - We will also disclose your personal data if we believe we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when we believe necessary or appropriate to disclose personal data to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law or breaches of security; to respond to any claims against us; and, to protect the rights, property, or safety of Skullcandy, our customers, or the public.

 

  • Third parties with consent - We will also disclose information about you, including personal data to any other third parties, where you have expressly consented or requested that we do so.

 

  • Third parties in case of a corporate transaction - In addition, your personal data may be disclosed as part of any merger, sale, reorganization, transfer of Skullcandy's assets or businesses, acquisition, bankruptcy, or similar event.

 

  • Third party company communications - From time to time, Skullcandy may participate in marketing initiatives that include websites "powered by" another company on behalf of Skullcandy. As part of these initiatives, certain Skullcandy services and marketing communications may be delivered at the same time as those from other companies. Some of these services and communications offer you the option to share personal data with both Skullcandy and the other companies participating in these initiatives. For example, you may receive marketing communications from Skullcandy and other companies or have the opportunity to register online for products or services, such as software or apps from multiple companies. If you choose to provide personal data only to Skullcandy, Skullcandy will not share this information with the other companies participating in that marketing initiative. If you choose to provide personal data to the other companies, that personal data will be handled according to the privacy policy of those companies, which may differ from this Privacy Policy.


SECURITY

 

In order to protect your personal data we have implemented various security measures. Your personal data is contained behind secured networks and is only accessible by a limited number of people, who have special access rights and are required to keep the information confidential.

 

Please keep in mind that no website or internet transmission is completely secure. Therefore, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal data safe, such as closing your web browser when finished using the Site.


CHILDREN UNDER THE AGE OF 16

 

Our online Services are not directed to children under the age of 13 years old. Therefore, we do not knowingly request or collect personal data from children younger than 13 years of age. If you believe that we may have unintentionally collected personal data from a child under 13, please contact us (see below 'How to contact us') so that we may take appropriate steps to delete such information.

 

If you are at least 13 years of age but under the age of 16, we need the consent of your parent or legal guardian before you give us any personal data about yourself.


USE OF COOKIES

 

We and our third party providers use cookies, clear GIFs/pixel tags, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your browsing activities, and use of the Services. We may combine this “activity information” with other personal data we collect about you were permitted by law.

 

Generally, we use this activity information to understand how our Services are used, track bugs and errors, improve our Services, verify account credentials, allow logins, track sessions, prevent fraud, and protect our Services, as well as for targeted marketing and advertising, to personalize content and for analytics purposes. For more detailed information about these mechanisms and how we collect activity information, see our Cookie Policy.

 

DATA RETENTION

 

We will generally retain the personal data we processed through our Site and Services for as long as it is required for purposes for which the data were collected. Unless we inform you otherwise, this will usually be the period of 3 years after the last interaction with you plus the length of any applicable statutory retention period following such activity.

 

 

 

INTERNATIONAL TRANSFERS

 

The Site of Skullcandy and the information collected, are managed and controlled by Skullcandy Inc., 6301 N. Landmark Dr., Park City, Utah, 84098, USA. The servers that make the Site of Skullcandy available are also located in the USA. If you are located outside the USA, please note that the information you provide (as described above under “What Personal Data We Collect”) will be transferred to the USA, where the level of data protection may not be equivalent to the level of protection applicable at your location.

 

 

Where we are legally required to do so, transfers of personal data to parties outside the EU/EEA may be made pursuant to the European Commission-approved Standard Contractual Clauses or other legally acceptable mechanisms that ensure an adequate level of protection. Where applicable, you are entitled to receive a copy of the relevant contract (such as Standard Contractual Clauses or Binding Corporate Rules) showing that appropriate safeguards have been taken to protect your personal data during such transfer.


YOUR RIGHTS

 

We will take steps in accordance with applicable legislation to keep your personal data accurate, complete and up-to-date. You are entitled to have any inadequate, incomplete or incorrect personal data corrected (that is, rectified). You also have the right to request access to your personal data and to obtain a copy of it as well as additional information about the processing and to request us to erase the personal data we hold about you.

 

The following rights apply in addition to the above to European residents:

 

  • Right to restriction: you have the right to restrict the processing of your personal data, for example in case we no longer need your personal data in view of the initial purposes but they are required by us for the establishment, exercise of defence of legal claims.
  • Right to withdraw consent: in cases where we rely on your consent for using your personal data, you can withdraw such consent at any time by sending an email to: legal@skullcandy.com.
  • Right to lodge a complaint: in case you have a question or complaint about how we process your personal data, you can send an email to legal@skullcandy.com. Alternatively, you could consider to lodge a complaint with a supervisory data protection authority.
  • If you reside in France, you also have the right to issue directives relating to your digital legacy.
  • Right to object: you have the right to object to our processing of your personal data which is based on our legitimate interests. We will no longer process your personal data upon your request, unless we have compelling legitimate grounds for the continuation of the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims. You may also object to our use of your data for direct marketing purposes. To that end, you may also use the unsubscribe button provided for in every email we send.
  • Right to data portability: under circumstances, you have the right to have your personal data transmitted to another data controller in a structured, commonly used and machine-readable format.
  • Right to obtain a copy of personal data safeguards used for transfers outside your location: you can ask to obtain a copy of, or reference to, the safeguards under which your personal data is transferred outside of the European Union. We may redact data transfer agreements to protect commercial terms.

 

For further information regarding your rights, or to exercise any of your rights, please contact us at legal@skullcandy.com or see section 'How you can contact us' for more details. We may ask you for additional information to confirm your identity and for security purposes, before disclosing the personal data requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

 

Subject to legal and other permissible considerations, we will make every reasonable effort to honour your request promptly or inform you if we require further information in order to fulfil your request.

 

We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

 

 

HOW YOU CAN CONTACT US

 

If you have any questions or concerns about this Privacy Policy or if you would like to make a complaint about a possible breach of local privacy laws, please contact us at legal@skullcandy.com or visit our website for our international contacts: Skullcandy International Support.

 

You can also write to us at:

  • In the United States: Skullcandy, Inc., 6301 N. Landmark Dr., Park City, Utah, 84098, USA (Attn: Legal Department)
  • In Europe: Skullcandy International GmbH, Heinrichstrasse 235 8005 Zurich, Switzerland.

 

 

LINKS TO OTHER WEBSITES

 

For your convenience and to improve the usage of the Site we insert links to third parties, for which this Privacy Policy does not apply. These links take you outside our service and off the Skullcandy Site and are beyond our control. This includes links from partners that may use Skullcandy' logos as part of a co-branding agreement or sell Skullcandy products. The sites you can link to have their own separate privacy policy and although we seek to protect the integrity of our Site, Skullcandy is not responsible and cannot be held liable for the content and activities of these sites. Your visit/access to these sites is therefore entirely at your own risk. Please note that these other sites may send their own cookies to users, collect data or solicit personal data.


CHANGES TO THE POLICY

 

This Privacy Policy may be revised from time to time. If a fundamental change to the nature of the use of your personal data is involved or if the change is in any other manner relevant to you, we will ensure that information is provided to you well in advance of the change actually taking effect.

 

 

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