ESP/95X Privacy Policy

We Value Your Privacy



We value the privacy of our customers, and we understand that your privacy is important to you. This ESP-95X Warranty Registration Privacy Policy (the “Privacy Policy”) explains what information is collected, transferred, used, processed, stored, and/or disclosed when you register your product as a part of our warranty. By registering your product as a part of our warranty, you expressly consent to that collection, transfer, use, processing, and storage of your information (including personal information) as described in this Privacy Policy. This Privacy Policy only applies to the information you provide to us when registering your product for our warranty. It does not apply to your use of our website or any of our other online services. Separate privacy policies will apply in those instances. However, we would not be able to fulfill any of your warranty requests if you do not agree to this Privacy Policy or if you withdraw your consent to us using your information in accordance with this Privacy Policy. IF YOU DO NOT AGREE WITH OUR PRACTICES REGARDING YOUR INFORMATION, OR IF YOU DO NOT WANT YOUR INFORMATION ACCESSED, STORED, OR USED AS DESCRIBED IN THIS PRIVACY POLICY, THEN DO NOT REGISTER YOUR PRODUCT AS A PART OF OUR WARRANTY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY OR IF YOU WITHDRAW YOUR CONSENT TO THIS PRIVACY POLICY, THEN YOUR WARRANTY IS VOID.

IMPORTANT: THIS PRIVACY POLICY REQUIRES YOU TO RESOLVE DISPUTES WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL THE TERMS OF THIS PRIVACY POLICY.



Personal Information That We Collect and How We Collect It



When you register your product, we collect personal information from you. In addition to that which you volunteer to us (for example, your explanation as to what is wrong with the product), the personal information that we collect from you includes, but is not limited to:

your first and last name
your address
your telephone number
your email address
your date of birth

the Koss product you purchased (including serial number)
the date you purchased your Koss product



We may also collect personal information about you when you contact us with a question or concern. This information is all called “Personal Information” or “PI.” We are responsible for the collection and use of your PI and act as controller under the European Union’s General Data Protection Regulation (“GDPR”). Finally, we may also collect aggregated information (that contains no PI) from all registrants for our product warranty; however, this is not Personal Information.



How We Use the Information that We Collect



If the information we collect is not PI, then we may use that information for any lawful purpose. For example, we may use it to analyze trends, conduct research, administer services, and to improve our business and our products and services. We also use aggregated information (that contains no PI) to provide anonymous statistical information to suppliers, advertisers, affiliates, and other current and potential business partners.

But if the information we collect is PI, then we will only use that PI in order to register your product for warranty protection and to process any warranty claims you may make for your product. This information processing serves our legitimate interest of enhancing the performance of the warranty services we provide to you, pursuant to Art. 6 para. 1 lit. f) GDPR.



How We Secure and Retain Your Information



The security of your information is important to us; however, no data transmission over the Internet can be guaranteed to be completely secure. We have implemented security measures, including data encryption and firewall technology, to secure the information we collect. We will use reasonable efforts to protect your PI, although we cannot ensure or warrant the security of any information you transmit to us. As a result, your information may be unlawfully intercepted or accessed.

In general, we will retain your information indefinitely, or as long as legally required or allowed. If you cancel your account or your account is otherwise terminated, we may, but are not obligated to, delete information we have collected or obtained from third parties and we may continue to use and disclose it in accordance with this Privacy Policy. If we no longer need your information for any of the purposes described in this Privacy Policy, and if we are required to do so pursuant to GDPR or any other applicable law, we will delete that information once it is no longer needed.



Information Sharing and Third Parties



We do not rent or sell any of your PI to third parties for marketing purposes, but we may share your PI with our affiliates or disclose it to third parties to the extent necessary to fulfill your warranty registration and warranty claims or to help us operate and improve our services. These third parties include warranty service providers, distributors, and third-party shipping services. These companies may contact you directly. Unless otherwise specified in this Privacy Policy, when we share your PI with third parties, it will be governed by this Privacy Policy (or another agreement that includes protections similar to this Privacy Policy) and may only be used by those third parties for the limited purposes stated above. However, these third parties may themselves also collect information from you. We do not control the information that is collected by those third parties and we are not responsible for their use of that information. Their practices and policies regarding that information they collect from you will be governed by their own privacy policies, so you should review those as well.

Although how we may disclose your PI is limited as described above, we may share information about you or from you that is not PI with third parties for any lawful purpose, including to analyze trends, conduct research, help us administer our services, track users’ movements around our websites, and to improve our business, products, services, and website.



We reserve the right to disclose your PI (or any other information) when we believe it is necessary to protect our rights or to identify, contact, or bring legal action against persons or entities who may be causing injury to you, us, or others. We may also disclose your PI (or any other information) when we believe the law requires it (including to regulators and law enforcement authorities).



We reserve the right to share your PI to effect a corporate transaction, in connection with the sale, merger, or reorganization of our company where the information is provided in the normal course of business, or in connection with any bankruptcy that we may file for.

Google Analytics

We use Google, a third-party analytics provider, to collect information about the users of the website, including demographic and interest-level information. Google uses cookies and pixels in order to collect demographic, interest-level, and other usage information from users that visit the website, including information about the pages where users enter and exit the website and what pages users view on the website, as well as time spent, browser, operating system, and IP address. Cookies and pixels allow Google to recognize a user when a user visits the website and when the user visits other websites. Google uses the information it collects from the website and other websites to share with us and other website operators information about users, including age range, gender, geographic regions, general interests, and details about the devices used to visit websites and purchase items. We do not link information we receive from Google with any of your PI. For more information regarding Google’s use of cookies, pixels, and collection and use of information, see the Google Privacy Policy. If you would like to opt out of Google Analytics tracking, please visit the following link: Google Analytics Opt-out Browser Add-on.

Payment Methods



All warranty fees must be paid by cash or check. We currently do not accept credit or debit card payments for these warranty fees, and we will not ask you for your credit or debit card information with respect to this warranty (however, if you buy other products or services from us, credit card payments may be accepted).



Children

We do not intentionally collect PI from children under the age of 13. If you are under the age of 13, please do not submit any information through this product warranty registration. Have a responsible adult submit the information instead. If we learn that we have collected information from a child under the age of 13, we will remove that information immediately and delete it from our servers (subject to applicable law and this Privacy Policy). If you believe content from a child under the age of 13 has been posted to the website, please contact us using the contact information in the “Contacting Us” section below.

If you are a California resident who is under age 18 and you are unable to remove publicly available content that you have submitted to us, you may request removal by contacting us using the contact information in the “Contacting Us” section below. When requesting removal, you must be specific about the information you want removed and provide us with specific information, such as the URL for each page where the information is located, so that we can find it. We are not required to remove any content or information that: (a) federal or state law requires us or a third party to maintain; (b) was not posted by you; (c) is anonymized so that you cannot be identified; (d) you don’t follow our instructions for removing or requesting removal; or (e) you received compensation or other consideration for providing the content or information. REMOVAL OF YOUR CONTENT OR INFORMATION FROM THE WEBSITE DOES NOT ENSURE COMPLETE OR COMPREHENSIVE REMOVAL OF THAT CONTENT OR INFORMATION FROM OUR SYSTEMS OR THE SYSTEMS OF OUR SERVICE PROVIDERS. We are not required to delete the content or information you posted. Our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public. If you request us to remove information that we need to process your warranty claim, then your warranty will be void.

California Shine the Light Law

California Civil Code Section 1798.83 permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed personal information (as defined under that statute) of that California resident, for direct marketing purposes in the preceding calendar year and the categories of that kind of personal information that was disclosed to them. If you are a California resident and you wish to make such a request, you may contact us by using the contact information in the “Contacting Us” section below.

European Privacy Law

If you are afforded protection under the GDPR, you are entitled to a number of other rights, which are summarized below. We may require you to verify your identity before we respond to your requests to exercise your rights. If you are entitled to these rights, you may exercise any of these rights with respect to your PI that we collect and store. We will only retain your PI for as long as necessary to fulfil the purposes we collected it for, including for the purpose of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your PI, the purposes for which we process your PI and whether we can achieve those purposes through other means, and the applicable legal requirements.

Your rights under the GDPR:

  • You have the right to withdraw consent at any time where we are relying on your consent to process your PI. However, this will not affect the lawfulness of any processing carried out before you withdrew your consent. If you withdraw your consent, your warranty will be void. We will advise you if this is the case at the time you withdraw your consent.
  • You have the right to request access to your PI (commonly known as a “data subject access request”). This enables you to receive a copy of the PI we hold about you and to check that we are lawfully processing it.
  • You have the right to request correction of the PI that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected, though we may need to verify the accuracy of the new information you provide to us.
  • You have the right to request erasure of your PI. This enables you to ask us to delete or remove PI where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your PI where you have successfully exercised your right to object to processing, where we may have processed your PI unlawfully, or where we are required to erase your PI to comply with applicable law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons, which will be notified to you, if applicable, at the time of your request. If you ask us to delete or remove your PI, your warranty will be void.
  • You have the right to request the transfer of your PI to you or to a third party. We will provide to you, or a third party you have chosen, your PI in a structured, commonly used, machine-readable format. Note that this right only applies to automated PI that you initially provided consent for us to use or where we used the PI to perform a contract with you.
  • You have the right to request restriction of processing of your PI. This enables you to ask us to suspend the processing of your PI in the following scenarios: (a) if you want us to establish the accuracy of the PI; (b) where our use of the PI is unlawful but you do not want us to erase it; (c) where you need us to hold the PI even if we no longer require it as you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your PI but we need to verify whether we have overriding legitimate grounds to use it. If you ask us to suspend the processing of your PI, we will be unable to fulfill any warranty requests until you have lifted that suspension.
  • You have the right to object to our processing of your PI where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts your fundamental rights and freedoms. You also have the right to object where we are processing your PI for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your PI which override your rights and freedoms.

You may exercise these rights free of charge; however, you acknowledge that your exercise of one or more of these rights may void or suspend your warranty. These rights will be exercisable subject to limitations as provided for by GDPR. Any requests to exercise the above-listed rights may be made by contacting us at contact information in the “Contacting Us” section below.

Notice to Users Outside of the United States

We are headquartered in the United States. Your registration of your product as a part of our warranty, and our fulfillment of any warranty claims, are governed by United States law. If you are registering for our warranty from outside of the United States, your information may be transferred to, stored, and processed in the United States where our servers are located. In accordance with and as permitted by applicable law and regulations, we reserve the right to transfer your information, process, and store it outside your country of residence to wherever we or our third-party service providers operate.

Dispute Resolution

All matters relating to the product warranty, including registration for and fulfillment of that warranty, and all disputes, claims, and causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to this Privacy Policy, are governed in all respects by the laws of the State of Wisconsin as such laws are applied to agreements entered into and to be performed entirely within Wisconsin between Wisconsin residents. You agree that any action at law or in equity arising out of or relating to this Privacy Policy or arising out of the product warrant will be resolved individually through binding arbitration in Milwaukee County, Wisconsin using the then-current rules of the American Arbitration Association, and the resulting decisions may be entered in any court with proper jurisdiction. This means that if you have a grievance with us, you cannot take us to court, and you may not join your action with any other party. You can address such grievances through arbitration only, and you are hereby consenting to do it in Milwaukee County, Wisconsin using Wisconsin laws (without regard to Wisconsin rules on conflict of laws). To the fullest extent allowed by law, any such controversy or claim must be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Milwaukee County, Wisconsin as necessary to protect the party’s rights or property pending the completion of arbitration. By registering your product, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Milwaukee County, Wisconsin.

Contacting Us



If you have any questions about this Privacy Policy, or if you are concerned that we have not followed the principles set forth herein, please send an e-mail to us at ESP@koss.com or write to us at Koss Stereophones, 4129 North Port Washington Ave, Milwaukee, WI 53212.

Additional Information



This website may contain links to websites operated by third parties. Please note that when you click on one of these links you are leaving the Koss website and entering a website operated by the third-party. The information you submit to them is not covered by this Privacy Policy.

This Privacy Policy was last revised on December 18, 2018. We may, at our sole discretion, revise this Privacy Policy at any time, but the changes will only apply to future products that you register and you will be asked to agree the revised version of this Privacy Policy when registering those future products.