To make our data collection practices easier to understand, you will notice we have provided some quick links and brief summaries of our Privacy Policy. Please be sure to read our entire Privacy Policy to fully understand our practices and how we handle your information. 

 

Introduction

We understand that privacy is important to you. We encourage you to review this Privacy Policy to learn about the information we collect, how we use it, and the choices available to you.

This Privacy Policy applies to the information we collect in the course of our business, including through AC Infinity websites, online forums, products, mobile applications, services, marketing activities, research, retail locations, and other online or offline offerings managed by or on behalf of AC Infinity. We collectively refer to these products, services, and offerings as the “Services.”

By using the Services, you agree to this Privacy Policy and consent to the processing, transfer, and storage of your information in the United States.

When we refer to “AC Infinity,” “we,” or “us” in this Privacy Policy, we are referring to the AC Infinity group of companies, which includes AC Infinity Corporation and its affiliated entities under common ownership and control. Your information is managed by one of these entities.

The list of our Data Controllers can be found in our “AC Infinity contact information” section below.

 

The information we collect

The information we collect about you depends on the Services you use, how you use them, and the information you provide to us.

We collect information in three main ways: (1) information you provide directly to us; (2) information we collect automatically through technology when you use the Services; and (3) information we collect from other sources.

Information you provide directly to us

When you use our Services, you may provide certain information to us. For example, we collect information directly from you when you place an order and purchase from us, create or use a AC Infinity account, register your product, post comments, photos, or videos to the Services, participate in AC Infinity surveys or research, or communicate and interact with us.

Some of the most common categories of information we collect directly from you include:
Contact and account information, such as name, address, telephone number, email address, and login credentials, including your My AC Infinity account information.

Financial and transactional information, such as credit card information, and purchase and transaction history.

Customer service interaction information, such as messages submitted to us through online forms or email, and summaries or voice or video recordings of interactions with our customer service personnel.

Information you provide in connection with surveys and sweepstakes, such as your interests, preferences, demographic data (e.g., gender), photos and videos, and information needed for you to participate and for us to fulfill your prize or participation incentives (if any).

Information we collect automatically through technology when you use the Services

When you use our Services, we may automatically collect certain information. We use a variety of third-party technologies, including cookies and similar tools, to assist in collecting this information. Please refer to our Cookies Notice and “Online Analytics and Advertising” section below for further information.

Some of the information we automatically collect when you use our Services includes:

Information about your access to and use of AC Infinity websites and emails, such as your IP address, browser language, the state or country from which you accessed the Services, software and hardware attributes (including device IDs, operating system, and browser type), referring and exit URLs, the links you click and files you download, pages viewed and the order of those pages, the amount of time spent on particular pages, the terms you use in searches on our websites, the date and time you accessed our websites or opened our emails, and other similar information.

Information about your use of AC Infinity products, mobile applications, and other software, including:

Information about your AC Infinity product or software, such as your product’s serial number, operating system version, MAC address, software version, battery life, error logs, system updates, and the name you assigned to your product.

Information about the devices and network you connect to your AC Infinity product or software, such as your Internet connection type and service provider, IP address, SSID, wireless connection quality/signal strength, error logs, unique identifiers associated with the computer, tablet, or mobile device used with your AC Infinity product or software, and its device operating system and browser type.

Information about the services and content you access via your AC Infinity product or software, such as media, external sources, and third-party services you connect to your AC Infinity product or software, user IDs service tokens that allow you to access and sync to your third-party accounts, and content accessed via your product or software (e.g., sleep tracks, stations, playlists, artists, albums, songs, or podcasts).

Usage and interaction information, such as date and time spent using different features of your product or software, sensor data (e.g., head orientation and movement), fit information of your wearable product, button presses, volume levels, system presets, and environmental data (e.g., noise levels and audio frequencies of sounds around you).

Location information. In addition to general location information (e.g., city/state) which may be collected or derived from your IP address, some of our mobile applications will request your precise location information via GPS-based functionality to allow certain features to work (e.g. enabling you to locate a lost or stolen product, providing access to local radio stations). We will always ask your permission in accordance with your mobile device settings before we collect or use precise location information, and in accordance with any applicable legal requirements to the extent precise geolocation information is considered “sensitive” information under applicable law.

Information we collect at retail locations, such as information about your mobile device or network when you choose to connect your device to AC Infinity digital displays or scan QR codes in retail locations (e.g., device type, operating system, the name you assigned to your device, IP address).

 

Information we collect from other sources

We may receive information about you from other sources, such as business partners, marketers, researchers, analysts, social network services, and other parties to help us supplement our records.

If you access our Services through a third-party website, application, or social media platform (such as Amazon Alexa, Google Assistant, or Facebook), we may receive information about you from that third-party site, application, or platform, depending on the third-party’s data practices and your settings (for example, your name, username, email address, and comments or content you post). AC Infinity is not responsible for the content or practices of third-party websites, applications, or platforms. We urge you to read the privacy and security policies of any third-party websites, applications, or social media platforms you choose to use.

Public forums

Certain features of our Services make it possible for you to post comments, photos, or other content publicly with other users, such as a AC Infinity forum or a social networking site. Any information that you submit through these features is not confidential, and AC Infinity may use it for any purpose (including in testimonials or other marketing materials). For example, if you submit a product review on one of our sites, we may display your review (along with the name you provide, if any) on other AC Infinity websites, and on third-party websites. Any information you post openly in these ways will be available to the public at large and potentially accessible through third-party search engines. Accordingly, please take care when using these features.

De-identified data

We may de-identify information we collect so the information cannot reasonably identify you or your device, or we may collect information that is already in de-identified form. Our use and disclosure of de-identified information is not subject to any restrictions under this Privacy Policy, and we may use and disclose it to others for any purpose, without limitation.

 

Cookies and similar technologies

We collect information through cookies and other similar technologies, including when you visit our websites and use our applications. Please see our Cookies Notice to learn more.

 

Online analytics and advertising

Online analytics

We may use third-party analytics services on our Services (e.g., Google Analytics, Adobe Analytics). These service providers may set and access their own cookies, pixel tags, and similar technologies on our Services and on third-party services to collect information that can be used to track users over time and across services. These analytics services help us understand how users arrive at and use our Services.

If you do not want Google Analytics to collect and use information about your use of our websites, then you can install an opt-out in your web browser. You also may opt-out from Google Analytics for Display Advertising or the Google Display Network by using Google’s Ads Settings.

To learn more about Adobe’s privacy practices and to make choices regarding their tracking activities, please visit Adobe’s website.

Online advertising

AC Infinity strives to provide you with relevant, value-added content in our online advertisements. We do not serve third-party advertisements to you while using our Services. However, we do work with online analytics and advertising partners to: (1) better understand the use of our Services so that we can improve our Services; and (2) deliver AC Infinity advertisements that are more tailored to you both on our Services and on third-party Services.

Our partners may also place cookies, pixel tags and similar technologies on many online services, including ours. They use these technologies to collect information about your activities on these services in order to deliver you more relevant advertising. For example, they may use the information they collect from their cookies on our Services to identify AC Infinity products and services you might be interested in and to recognize your device so they can show you relevant AC Infinity advertisements while you are using our Services and other services. Additionally, we sometimes provide basic information we collect (such as email addresses) to service providers, who may “match” this information in de-identified form to cookies, mobile ad identifiers, and other proprietary IDs, in order to provide you with more relevant ads when you visit other online services.

You can learn about how to opt out of receiving personalized online advertisements from our advertising partners by following the instructions in the “Your rights and choices” section below, and through our Cookies Notice in the “Cookie management” section.

 

How we use your information

AC Infinity may use the information we collect in the following ways:

To provide the services you have requested, such as complete a purchase, provide subscriptions, offer customer support, or integrate with streaming services you select.

To communicate with you, for example, keeping you posted on purchases, shipments, product/software updates, and changes to our terms, conditions, and policies.

For marketing and advertising purposes, including providing you with the latest product announcements, promotions, and information about upcoming events.

To personalize your experience and customize the Services, such as delivering relevant content, recommending features through our Services, and maintaining your product wish lists.

To improve our Services, including bug detection and error reporting, to understand how users interact with our Services and advertisements, improve usability and effectiveness of our products, perform research and analytics, and to test and create new products, features, and services.

For our business operations, including maintaining your account, reviewing and processing employment applications, and for security, fraud prevention, and legal compliance, such as detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity.

To recognize a user across multiple touchpoints. Sometimes, we or our service providers may use the information we collect (for example, username, IP address, and unique device identifiers) to try to identify the same unique user across multiple AC Infinity Services, personal devices (such as smartphones, tablets), and browsers (such as Safari and Chrome), to create a single record for the user. This helps us to better understand your needs and preferences, and provide you with a more seamless and personalized experience across these different touchpoints.

Other purposes for which we seek your consent. We may also use your information for a specific purpose that we communicate to you. We will ask for your consent to process your information for such purpose in accordance with applicable legal requirements.

The laws in some jurisdictions require companies to tell you about the legal grounds they rely on to process your information. Our legal bases for processing your information as described in this Privacy Policy are as follows:

• Where use of your information is necessary to perform our obligations under a contract or commitment to you. For example, to provide the services you’ve requested from us, or to comply with our website terms of service.
• Where use of your information furthers our legitimate interests or the legitimate interests of others. For example, to provide security for our Services, operate our business and our Services, make and receive payments, defend our legal rights, and prevent fraud.
• Where we use your information to comply with applicable legal obligations. For example, keeping track of purchases for tax and auditing purposes.
• Where you have consented to our processing of your information for a particular purpose.

For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.

 

How we disclose your information

AC Infinity may disclose your information in the following ways:

Affiliated entities

We may disclose information within the AC Infinity family of companies to deliver the Services, operate our business, and enhance our Services and your customer experience.

Service providers

We use select third-party vendors to help us provide our Services and operate our business, and we may provide access to or disclose your information to these vendors. They provide a variety of services to us, including customer service, payment processing, shipping, sales and marketing, product design and development, data storage, security, fraud prevention, research, and legal services. These service providers are permitted to access and use your information for purposes of performing services for AC Infinity or to comply with applicable legal requirements.

Online advertising partners

As discussed in the Online advertising section above, and as further provided in our Cookies Notice, we may share certain information about you with our online advertising partners to assist in our online advertising and measurement activities.

Connected third-party platforms, websites, applications, and services

When you initiate a connection with a third-party platform, website, application, or service through our Services, we will disclose information about you that is required to enable delivery of the third-party content or service (e.g., your streaming service login credentials or telling Amazon Alexa to play your music). If you choose to initiate these connections, you agree that the third-party’s policies and terms, and not AC Infinity’s, govern your use of those third-party platforms, websites, applications, and services. We urge you to read the privacy and security policies of these third parties.

Protection of AC Infinity and others

We may disclose the information we collect about you if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process (for example, a subpoena or court order); (b) enforce our terms of service or sale, this Privacy Policy, or other contracts with you, including investigation of potential violations; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of AC Infinity or others.

Business transfers

As we continue to develop our business, we may engage in transactions with other companies regarding the purchase or sale of a business. We may disclose your information as part of, or in contemplation of, such transactions. If a portion or all of AC Infinity’s assets are transferred to a third party in connection with such transactions, your information may be among the transferred assets.

 

Children’s privacy

Our Services are intended for general audiences and are not directed at children. If we become aware that we have collected data without legally valid parental consent from children under an age where such consent is required, we will take reasonable steps to delete it as soon as possible.

 

Security and retention of your information

Security of your information

We are committed to protecting your information. We use a variety of technical, physical, and organizational security measures designed to protect against unauthorized access, alteration, disclosure, or destruction of information. However, no security measures are perfect or impenetrable. As such, we cannot guarantee the security of your information.

When using a My AC Infinity account, it’s important that you select a strong password and do not disclose it to others. Alert us immediately if you have any concerns about unauthorized use of your account.

We regularly monitor our Services for possible vulnerabilities and attacks. If you have any concerns about the security of our Services, please contact us as detailed in the “AC Infinity contact information” section below so they may be addressed and resolved in a timely and effective manner.

Retention of your information

We retain information for different periods of time depending on the purposes for which we collect and use it, as described in this Privacy Policy. We will delete or de-identify information when it is no longer needed to fulfill these purposes unless a longer retention period is required to comply with applicable laws. There may be technical or other operational reasons where we are unable to fully delete or de-identify your information. Where this is the case, we will take reasonable measures to prevent further processing your information.

 

Your rights and choices

We provide you with the ability to exercise certain controls and choices regarding our collection, use, and disclosure of your information. Your legal rights to exercise such controls and choices vary based on the laws of your jurisdiction.

You may request the following by contacting us as detailed in the “AC Infinity contact information” section below:

• Access to, or a copy of, your information
• Confirmation that we are processing your information
• Correction or amendment of your information
• Deletion of your information
• Transfer of your information to a third party
• Restriction or objection to certain uses of your information

If you have provided consent for us to use your information for a specific purpose, you may also request to withdraw that consent.

Under the laws in certain US jurisdictions, you also have the right to opt out of our processing or sharing of your information for online targeted advertising purposes. Note that certain state laws also allow you to opt out of the “sale” of your information to third parties in exchange for valuable consideration. While we do not sell your information in exchange for money, we may use analytics or online advertising tools that result in the disclosure of your information to our third-party partners and that are subject to this opt out right. You can opt out of both of these activities by following the instructions in our Cookie Notice.

We may ask you to provide us with information necessary to reasonably verify your identity before responding to your request. We will consider all requests and provide our response within the time period required by applicable law. Please note, however, that certain information may be exempt from such requests. If we deny your request in whole or in part, you may have the right to appeal the decision. In such circumstances, we will provide you with information regarding the appeals process.

You also have the choice to exercise the following controls regarding your information:

Limit the information you provide to us. When you interact with us, you can choose to limit the information you provide. However, if you choose to do so, you may not be able to take advantage of many of our Services, and we may not be able to fulfill your requests.

Update or close your My AC Infinity account. You can update your account sign in details and profile information by logging into your My AC Infinity account. To close your account please contact us as detailed in the “AC Infinity contact information” section below. Please note, if you choose to delete your account, you will not be able to access any Services where you sign in with that account and you may lose some features of your AC Infinity products and services that are connected to that account.

Adjust your marketing and communication preferences:

Opt out of marketing from AC Infinity by following the instructions located at the bottom of our email marketing messages or, where available, logging into your My AC Infinity account and adjusting your marketing communications preferences. Please note, opting out or unsubscribing will not prevent you from receiving communications about your orders, product/software updates, or other important notices such as changes to our terms and policies, which are not marketing in nature.

Opt out of text (SMS/MMS) messages from AC Infinity by following the instructions included in our messages or, where available, logging into your My AC Infinity account and adjusting your communications preferences.

Opt out of push notifications from AC Infinity within the settings menu of our mobile applications or your mobile device.

Opt-out of cross-device tracking for advertising purposes by adjusting your preferences in your mobile device’s privacy settings. This feature may vary by mobile device; please see your device settings or contact your device manufacturer for more information.

Adjust your analytics preferences:

Adjust your analytics preferences in AC Infinity mobile applications. Some of our mobile applications provide choices about our collection and use of mobile application-related information for analytics purposes. You can adjust these preferences through the settings menu in the application.

Disable analytics cookies managed by our third-party analytics partners by following the instructions in our Cookies Notice under the “Cookie management” section.

Adjust your location collection settings in AC Infinity mobile applications by disabling the location features on your mobile device. This feature may vary by mobile device; please see your device settings or contact your device manufacturer for more information.

 

Additional privacy information for California residents

Right to Know Disclosure

If you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to provide you with additional information regarding your rights with respect to your “personal information” (as defined in the CCPA) and (1) the purpose for which we use each category of “personal information” we collect; and (2) the categories of third parties to which we (a) disclose such personal information for a business purpose, (b) “share” personal information for “cross-context behavioral advertising,” and/or (c) “sell” such personal information. This information is described in our California Privacy Notice of Collection.

Right to Delete

You have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law.

Direct Marketing

You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes during the preceding calendar year.

Right to Know

You may request that, for Personal Data that we have collected in the preceding 12 months, we disclose, free of charge (unless your requests are manifestly unfounded or excessive) (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a Commercial Purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or Commercial Purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.

Do Not Sell My Personal Information

You may direct us, at any time, not to sell your Personal Data. We may sell personal information as defined in the California Consumer Privacy Act of 2018 (“CCPA”). Under the CCPA, “sell” means sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate orally, in writing, or by electronic or other means a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration. The law contains exceptions to this definition which may limit how we respond to your direction.

Nondiscrimination

We may not discriminate against you because you exercised any of your rights under the CCPA, including, but not limited to, by: (A) denying goods or services to you; (B) charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; (C) providing a different level or quality of goods or services to you; or (D) suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

However, nothing prohibits us from charging you a different price or rate, or from providing a different level or quality of goods or services to you, if that difference is reasonably related to the value provided to us by your data.

We may offer financial incentives, including payments to you as compensation, for the collection of personal information, the sale of personal information, the retention of personal information, or the deletion of personal information. We may also offer a different price, rate, level, or quality of goods or services to you if that price or difference is directly related to the value provided to us by your data.

Submission of Requests

To exercise this right to opt out, you may email us at legal@acinfinity.com.

Verification of Requests

Before we can fulfill the requests to know and delete your personal information , we must verify your identity. If you have a password-protected account with us, we can verify your identity through our existing authentication procedures for your account. However, we will require you to re-authenticate yourself before we can disclose or delete any of your personal information.

If you do not have a password-protected account with us, we will require you to provide us with two types of information to verify your identity. This information may include your name, telephone number, email address, or home address, as well as supplemental information, such as purchase data or other unique information in your account. We may also require you to provide a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. We will match this information to the Personal Data we maintain.

You can also authorize another person, called an agent, to exercise your rights on your behalf. You must provide the authorized agent written and signed permission to act on your behalf. We may deny requests to opt out from an authorized agent who does not submit proof that he or she has been authorized to act on your behalf. Furthermore, we may require you to verify your identity directly with us. We may also require you to directly confirm with us that you have provided the authorized agent permission to submit a request on your behalf. An authorized agent can make a request on your behalf by emailing us at legal@acinfinity.com.

Right to Know Disclosure

The charts below summarize how we process specific categories of Personal Data. Please see the corresponding definitions/headings above for more information regarding each category of Personal Data, the purposes of processing, and categories of recipients.

 

Additional privacy information for Nevada residents

The Nevada Revised Statutes (NRS 603A.300 et seq.) permit a Nevada consumer to direct an operator of an Internet website or online service to refrain from making any sale of any covered information the operator has collected or will collect about that consumer. Please note that we do not currently sell your Personal Information, as “sell” is defined under the Nevada law.

 

Information for international users

We operate globally and may transfer, store, and/or process your information to or with other entities within the AC Infinity family of companies or other third parties such as trusted service providers and partners in locations around the world (including the United States) for the purposes described in this Privacy Policy. Wherever your information is transferred, stored or processed by us, we take reasonable steps to protect your information in accordance with this Privacy Policy and applicable laws. These measures may include implementing Standard Contractual Clauses to govern the transfer of your information, or other means recognized by applicable laws. By providing us with your information, you acknowledge any such transfer, storage, or processing.

If you have any concerns or complaints about our data processing activities, we urge you to first try to resolve such issues directly with us. However, if applicable, you may make a complaint to the data protection supervisory authority in the country where you are based, or seek a remedy through local courts if you believe your rights have been breached.

 

Changes to our Privacy Policy

From time to time we may change or update this Privacy Policy to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. You should review the Privacy Policy periodically. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy. If we make material changes to the Policy, we will provide notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective, in accordance with applicable legal requirements.

 

AC Infinity contact information

If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please email us at legal@acinfinity.com or visit our Contact us page for additional AC Infinity contact information.

Data Protection Officer

You may also contact our Data Protection Officer by using the email address above or by postal mail at the following address: AC Infinity Inc., 21880 Baker Parkway City of Industry, CA 91789