Cherry Audio Privacy Policy

Last updated October 3, 2018

Cherry Audio LLC takes our obligations regarding your data seriously, and we are committed to complying with the regulations set out in the United States of America and those in major countries around the world, including the European Union's recently adopted General Data Protection Regulation (GDPR).

To this end, we want you to clearly understand what information we gather, how and where we obtain it, and what we do with it. This Privacy Policy explains these goals by discussing the following topics:

Our Websites, Products, and Services

We refer to the websites, blogs, and online forums as our "Websites". The products, promotions, and services we offer, for example Voltage Modular, are referred to as our "Services" or "Software". Each of these programs and services may collect information from you, including your personal information, in the manner and means described below. As such, this Privacy Policy applies to all the Websites, Services, and Software that link to this Privacy Policy, including our company website https://cherryaudio.com and our online store https://store.cherryaudio.com/.

What Information is Personal

In compliance with the GDPR, we consider personal information to be any information relating to you, including your name, identification numbers (such as social security number, employee number, driver's license number), your location data, online identifiers, and any information relating to your physical, physiological, genetic, mental, economic, cultural, or social identity. With regard to your personal information, you have right to request this information from us and to request that we remove it from our servers and systems. If you would like us not to collect or use your personal information, or if you would like us to correct your personal information, please contact us at privacy@cherryaudio.com and we will endeavor to provide or remove this information as quickly as possible.

Our Policy Regarding Children

Our Websites, Services, and Software are not intended for children under the age of 13, and we do not knowingly collect any personal information from such individuals. If you are under the age of 13, we request that you do not submit any personal information to us. If we later learn that we have inadvertently gathered personal information from a child under the age of 13, regardless of where that child resides, we will remove this information from our records as quickly as possible. If you believe we might have any information from or about a child under 13, please contact us immediately at privacy@cherryaudio.com and we will promptly take the necessary steps to remove all such information.

What information we collect, why, and How we use it

Depending on the manner in which you use our Websites, Services, and Software (including the software products and the applications you access), we may collect a variety of information and data that could include:

  • Websites and Software. When you log into our websites or install one of our software products, we may request your email address, username, password, and other security information. We use this information to contact you when we introduce new product features or to let you know if a problem has been discovered or corrected, and to provide you with news that you request from us. We do not require that you provide any information to access our website, although you may be required to provide certain information to access our software products so that we can ensure that only authorized users are accessing these products.
  • Purchases. When you purchase products from us, we or our payment processor (Stripe), we or our payment processor may collect your billing information, including your name, address, telephone number, payment card number, and payment account details. We and our payment processor use this information to help verify your purchase, fulfill orders. We also use this information to notify you of recent updates and products you might enjoy, and to assist our customer support services, including identifying and resolving general issues and problems experienced by you and other Website, Service, and Software users. When we receive information from our payment processor or obtain it ourselves, we will store and remove it in accordance with this Privacy Policy and the laws of the United States and the European Union. By purchasing directly from us (including through our payment processor), you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy and the laws of the United States and the European Union for a reasonable time in order to verify your purchase, provide you with refunds, and to identify purchasing trends on an aggregate basis.
  • Connecting to Us Through Third-Party Websites and Services. When you connect to our Websites or our Software or Services through a third-party, we often have the ability to collect information about you from these third-parties, depending on the third-party's terms of service and the privacy settings you have specified. For example, we may have access to your full name, profile picture, user ID, login, email address, physical location, gender, birthday, groups and affiliations, and posts to your friends. If we collect this information, it is because it helps us identify where our Website users are coming from and how they found us. We also use this information to identify trends and interests, which helps us to build the products you want. If you do not want us collecting or using this information, you can often disable this feature through the settings on the website service you are using. If we have collected this information and you do not want us to use it or store it, please let us know immediately and we will take steps to ensure it is removed from our servers.
  • Connecting to our Websites Directly. When you connect to our Websites directly from your Internet browser, we may collect your Internet IP address, type of browser, and operating system you used. We may also collect the date and time you accessed our Websites and the pages you visited, along with the search terms you used to find us. We collect this information in the aggregate to get a better idea of how our users are finding us and what search criteria they are using. By using our Websites, Services, and Software, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy and the laws of the United States and the European Union.
  • Connecting to Us Through Your Mobile Device. If you use our Websites, Services, and Software from a mobile phone or device, we may collect information from that device including your device type, unique identifier, and other data that you chose to provide or share in accordance with your wireless provider's terms of use. For example, a push notification from us may appear on your phone in the form of a pop-up message. We may also send push notifications and other information about our Services or Software to your mobile device. Be aware that you have the ability to manage your mobile device push notifications through your device settings and/or through other options your wireless device provider may provide. If you do not want us to send you push notifications or other information in this manner, you may disable them through the settings on your phone. By using our Websites, Services, and Software, you are authorizing us to collect, store, and use your mobile device information in accordance with this Privacy Policy and the laws of the United States and the European Union. If we send you push notifications and you do not want to receive them, please let us know immediately and we will take steps to ensure your information is removed from our servers and push notification services.
  • Information You Provide Through Feedback. Our Websites, Services, and Software may provide you the ability to submit feedback to us, including comments, suggestions, and bugs that you discover in our Software and Services. When you submit this information, we may collect your name or username and email address in order to follow up with you or thank you for your suggestion. By using our Websites, Services, and Software, you are authorizing us to collect, store, and use your feedback information in accordance with this Privacy Policy and the laws of the United States and the European Union. If we send you a follow up email or notify you in any other way, and you do not want to receive this notification, please let us know immediately and we will take steps to ensure it is removed from our servers and notification services.
  • Using Automated Collection Tools. Our Website, Services, and Software may employ server log files and automated data collection tools, including cookies, tags, and scripts, including Google Analytics and similar services. These tools may track and collect certain information that your browser sends in response, including your IP address, browser type, entrance and exit pages, URLs, platform type, duration on a page, clickstream data, pages viewed, date and time, and other information. When you access our Website, Services, and Software through sites and services that allow us to collect such information, we may collect and associate this information with you. We use this information to identify trends, troubleshoot our software products and services, and to better understand who is using our products, which helps us to identify errors and to design new products and services. By using our Website, Services, and Software, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy and the laws of the United States and the European Union.
  • Information We Obtain for Specific Purposes. On occasion, we may request information from you on a product order form, for promotions and contests, or on other online transaction forms. These requests may ask you to provide contact information (such as your name and mailing or shipping address) and, in some cases, payment information (such as credit card number and credit card expiration date). We use this information to verify orders and to make sure that the individuals participating in our contests and promotions are eligible. By using our Website, Services, and Software, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy and the laws of the United States and the European Union.
  • Information We Obtain from Social Media. Our Website, Services, and Software may include social media functions and features, for example, a Facebook "Like" button or Twitter "Share" feature. Through this functionality, we may collect your IP address, and the page you are visiting on our Websites or in our Services. In some cases, we may set a cookie (see definition of "cookies" below). These social media functions are often hosted by a third-parties, and in these cases, or in the case that we provide a link to such services and functions, your interactions and the privacy of the information you provide is subject to and governed by the privacy policy of the company providing it. By using our Website, Services, and Software, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy and the laws of the United States and the European Union.
  • Surveys and Contests. When we conduct surveys or initiate contests or other programs, we may ask for your country, date of birth, and telephone number in order to verify who you are and how to contact you. By entering our contests and surveys, you are authorizing us to collect, store, and use your mobile device information in accordance with this Privacy Policy and the laws of the United States and the European Union for a reasonable time in order to aggregate the data we collect from you and others.
  • Geographic and Telemetry Data. Some of our Services and Software may now or in the future employ the use of tracking technologies, such as pixel tags, web beacons, and programming codes. These technologies may enable us and our partners to derive your physical location based on your IP address, which is used to verify and authenticate users and to identify abuse. By using our Websites, Services, and Software, you are authorizing us to collect, store, and use this information in accordance with this Privacy Policy and the laws of the United States and the European Union.
  • Advertisers. Some of our Services and Software may employ advertising and purchase incentives, which may be embedded in our software products and services, provided in conjunction with them, or available through our Websites. We permit these third-parties to serve these advertisements and to collect information about how you use our products and services, including the device you use, your operating system, your login information, wireless carrier, and the geographical location. We use information from these third-parties primarily to help us deliver relevant advertising to you and to verify your location and use of our products, along with other interests you may have that are beneficial to the design and development of new products. In these cases, we will have written agreements with these vendors so that we know what information is being collected, used, and stored, and to ensure you that they are operating with the laws and regulations of the United States and European Union.

Our use of Cookies and Similar Technology

A "cookie" is small text file that may be stored on your computer or mobile device for record-keeping purposes. Your web browser allows you to control and limit cookies on your computer. If you reject cookies, we may still enable you to use our Websites, Software, and Services, but the functionality may be limited. As we explain below, we may use both "session cookies" and "persistent cookies". Our third-party business partners and affiliates (including our payment processor) may also employ cookies, although we have no control over this use or practice. By using our Websites, Services, and Software, you are authorizing us to collect, store, and use session and persistent cookie information in accordance with this Privacy Policy and the laws of the United States and the European Union.

  • We may use session cookies to make it easier for you to navigate our websites and services. A session ID cookie expires when you close your browser. If you disable session cookies, many of the services and products we offer will not operate correctly.
  • In some cases, we use persistent cookies to enable us to track and target our website visitors' interests and to enhance their overall experience. If you check "remember me" when logging on our websites, we may set a persistent cookie to store your username and password so that you do not have to enter it more than once. A persistent cookie is removed when you uncheck the check box.
  • Additionally, some of our third-party business partners and affiliates may use cookies on our Websites and in the Services and Software we offer, including our development and advertising partners. We have no access to or control over these cookies. This privacy policy only covers the use of cookies by us and does not cover the use of cookies by our advertisers or our third-party business partners, affiliates, or payment processor.

Who we share your information with and Why

  • Sharing Your Information with Law Enforcement. We may release information concerning your use of our Websites, Services, and Software (including, but not limited to, posted public postings, registration information, network records, and geographic and tracking data) when (a) we believe in good faith that such release is appropriate; (b) to comply with the law (for example, pursuant to a statutory demand, subpoena, warrant, or court order); (c) to protect against fraudulent, abusive, or unlawful use of our Websites, Services, and Software, and to protect our rights and property (including the rights and property of our third-party business partners and affiliates); (d) to enforce any contract between you and us, including with our third-party business partners and affiliates; and (e) if we reasonably believe that a situation involving danger of death or injury to any person requires disclosure.
  • Sharing Your Information with Third-Parties. Neither we nor our third-party business partners or affiliates or developers intend to sell, share or rent information obtained from our Websites, Services, and Software, other than as discussed in this Privacy Policy.

Data Retention and How We Keep Your Information Secure

  • We will keep your information for as long as your account is active or the information is needed to provide you services, or as long as it may be required to fulfill our legal obligations. If you would like us to delete your account or request that we no longer use your information, please contact us at privacy@cherryaudio.com.
  • We store your information primarily on servers located within the United States of America. We take prudent security measures to protect you and the information we collect from you from unauthorized access, alteration, disclosure, and destruction. These measures include encrypting your information on our servers, keeping your sensitive information on a secured server behind a firewall, transmitting sensitive information (such as a credit card number) entered on our site or mobile application using secure socket layer technology (SSL), periodic reviews of our data collection practices and platforms, and physical security measures that guard against unauthorized access to systems where we store your information.

What we will do in the Event of a Data Breach?

In the event we suspect that your data has been compromised, we will contact you within 72 hours of when we become aware of such an event. If you would like to verify that your information is secure, we will do our best to reply to such requests as soon as possible. Please contact us at privacy@cherryaudio.com.

How you can Help Keep your Information Secure

  • Passwords. Keep your passwords safe and secure. If you are requested to provide a password for our Websites, Software, or Services, please do not share your password with any third-parties. If your password has been compromised for any reason, you should change it immediately. You may contact us at privacy@cherryaudio.com for assistance.
  • Using our Blogs, Forums, and other Online Functions. Be aware of who you are communicating with and what information you provide to others. Our Websites, Services, and Software may allow you to contribute to blogs, forums, boards, to receive and participate in newsfeeds, to provide others with status updates and postings made by us and other Website Services, and Software users, and to otherwise post, share, and contribute information publicly, whether through messages, invitations, chats, photos, wall posts, and other functions ("Public Postings"). Nothing requires you to disclose your identity to others through these public postings, and you should always keep in mind that these will be visible to anyone who has access to our Websites, Services, or Software. In certain instances, this same information may be visible through general Internet searches and other means of obtaining Internet information. For example, certain software tools and technology may allow non-affiliated third-parties to copy, cut, and/or post your Public Postings to different locations (including to websites that are not owned or operated by us). This may result in the unauthorized use of your Public Posting information and your unwanted disclosure of this same information to third-party websites, for which we are not responsible, and, in some cases, may subject you to liability for the disclosure, including, without limitation, for copyright infringement.
  • You should always exercise caution in all your Public Postings, and we recommend you do not provide or disclose any personal information when using our Websites, Services, and Software. If you choose to disclose your identity to third-parties using any Website or Service function or Service, you do so at your own risk. Neither we nor our third-party business partners and affiliates or developers are responsible for the privacy or security of any information, personal or otherwise, when you choose to communicate or exchange such information using the functionality of the Websites, Services, and Software.
  • Linking to other Services. Be cautious of linking to other services. Our Websites, Services, and Software may contain links to other sites, but we are not responsible for the privacy practices of such other sites and services, and we encourage our users to be aware that when they leave our Websites, Services, and Software through these links, they should always read and understand the privacy policies of these sites, especially those that collect personally identifiable information.

Your right to control our use and storage of the information

Opting Out. Our Websites, Services, and Software may provide you the opportunity to opt-out of receiving information and solicitations from us even if you did not do so at the start of our services or software. Additionally, and at any time, you have the option of removing your name and e-mail address from any e-mail list we maintain in order to discontinue any such future communications. To ensure removal from any such list, please follow the specific instructions within the specific Website, Service, or Software you are using. If such Website, Service, or Software does not provide you such an option, or you are unsuccessful or otherwise have questions, concerns, or problems, please feel free to contact us at privacy@cherryaudio.com.

Right to be Forgotten. You have the right to request we remove your personal information from our Services and servers. If this is your desire, please feel free to contact us at privacy@cherryaudio.com and we will endeavor to comply with your request as soon as practical. Please note that if you are still using our Services or Software, however, we may require your consent to retain and use such information in order to continue providing you these Services and Software.

Changes to our Privacy Policy

We may make changes to this Privacy Policy from time to time. In such cases, we will post these changes on our Websites so that you can remain aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. All modifications to this Privacy Policy become effective on the day they are posted unless stated otherwise and supersedes all previous privacy policies. We recommend that you review this Privacy Policy regularly and print out a copy for your records.

Information we Receive from Users in Other States and Countries

The laws regarding data and information privacy are changing, and we will do our best to comply with the laws and regulations around the world where we collect and use your information.

  • We comply with the California Consumer Privacy Act of 2018. Additionally, California Civil Code Section 1798.83 permits California residents to request from companies conducting business in California a list of third-parties to which the company has disclosed personally identifiable information during the preceding year for direct marketing purposes. If you are a resident of California and want additional information confirming how we share your personally identifiable information with third-parties for their direct marketing purposes, you may contact us at privacy@cherryaudio.com.
  • EU Users. We comply with the rules and regulations specified by the European Union under the recently adopted General Data Protection Regulation (GDPR).

How to Contact Us

If you have questions at any time, please feel free to contact us at privacy@cherryaudio.com. You can also contact us via postal mail at the following address:

Data Protection Officer
Cherry Audio, LLC
40291 Junction Drive #204
Oakhurst, CA 93644