PRIVACY POLICY FOR “SONY | HEADPHONES CONNECT” APPLICATION

This Privacy Policy applies to “Sony | Headphones Connect” (the “Application”). The Application is a mobile application dedicated to wireless headphones from SONY, and it allows you to customize the sound from your headphones according to your preference.

In this Privacy Policy, we use “SONY,” "we," "us," and "our" to refer to Sony Home Entertainment & Sound Products Inc. This Privacy Policy explains how we use what types of your personal data, with whom we share the data, how we transfer it to other countries/regions, how long we keep the data, what rights and choices you have and how you can contact us with queries.

(For Users in EU/EEA or California)

If you are located in the EU/EEA, please note that additional terms and conditions set forth in Section 12 (For Users in EU/EEA) of this Privacy Policy shall also be applicable to you.

If you are located in the State of California, please note that additional terms and conditions set forth in Section 13 (For Users in the State of California) of this Privacy Policy shall also be applicable to you.

1. SUMMARY OF KEY POINTS

2. What information do we obtain?

SONY collects and uses information or data as described below. Some of this information may be considered personal information under applicable law in your jurisdiction (collectively, the “Collected Data”), and it is collected automatically when you use the Application.

(ⅰ) Information about your device on which the Application is installed (the “Installed Device”) and component parts thereof:

(ⅱ) Information about the Application:

(ⅲ) Information about the device which is connected to the Installed Device and which is detected by or registered to the Application (namely, your SONY headphones products, “Related Device”):

Sony uses the above Collected Data for the purposes set forth in Section 3 below, as strictly required to fulfill these purposes in order to provide you with the features and functions of the Application.

3. How does SONY use the Collected Data?

SONY processes your Collected Data through the Application for the purposes listed hereafter: (For the avoidance of doubt, SONY does not process any of the Collected Data to provide the minimum functions of the Application for operating it. These activities happen on the Installed Device´s operating system. For this, no Collected Data is transferred to SONY.)

(i) Pushing updates to your Application or Related Device

Each time you start the Application on your Installed Device, the Application sends a “request” to SONY´s server to check whether any updates for the Application or the firmware of the Related Device are available and to send latest software or firmware in case any update should be available. For this, we only process your IP address.

(ii) Providing “Help” upon your request

If Help is requested by you, certain technical information about the Installed Device, about the Application and about the Related Device are transferred to SONY in order to provide the Help. This transfer of data enables SONY providing you with “customized” Help webpages for the Application and the specific technical issue you experience. For this, we process the following of your Collected Data:

(iii) Improving/developing SONY´s products and services

SONY uses all of the Collected Data listed in Section 2 above to improve and develop SONY’s current and future products and services where you select “Agree and Proceed”. Product improvement and/or development includes those relating to either an improvement of the technical functions of the Related Device or the usability of such product for user´s convenience. Such product improvement/development is only done on a “general” level, not on an individual user level, so specific users are not targeted. This includes, through analysing logfiles of the app usage,

SONY´s affiliates may access and use the Collected Data to improve and develop SONY’s current and future products and services as well, however only in an aggregated/anonymized, i.e. non-personal manner.

In this case, we process the Collected Data because you have given us your consent.

You can withdraw your consent above at any time by selecting "(3 dots) Menu" > "About this app" > "Privacy settings" in the Application.

4. Who else has access to the Collected Data?

We do not share Collected Data with third parties for their own marketing purposes. The Collected Data that is communicated to and stored by SONY may be made available to SONY Affiliates and to other third parties, as follows:

SONY Affiliates

The Collected Data may be shared with and used by other SONY Affiliates only on an aggregated/anonymized level for the purposes of product improvement/development as outlined in Section 3(iii) above. "SONY Affiliates” shall mean Sony Corporation, which is the ultimate parent company of SONY and any legal entities controlled by Sony Corporation. SONY and SONY Affiliates shall be collectively referred to as “SONY Group”. The term “control” in this context means the direct or indirect ownership of at least fifty percent (50%) of the voting interest in such corporation or the power in fact to control the management decisions of such entity.

Service Providers

SONY and SONY Affiliates may use third party contractors as processors/service providers to process the Collected Data on their behalf for the purposes set out in this Privacy Policy. Such third parties include, but are not limited to, IT service providers or data hosting providers. Our hosting provider is Amazon Web Services in the US, acting as our processor.

Business transfer

In the event that SONY or a SONY Affiliate sells or transfers a portion or all of its business, the Collected Data may be transferred by SONY or such SONY Affiliate to the purchasing or acquiring entity as part of the transaction.

Government Authorities/ Law Enforcement Officials

Personal data may be disclosed to government authorities and/or law enforcement officials if required by the applicable laws.

Other Unaffiliated Third Parties

We may disclose personal data to auditors or similar external consultants like lawyers or tax advisors, to exercise our legal rights (e.g. enforcing compliance with the terms of use) and to help us fulfill our legal obligations.

5. Data Retention

SONY will keep the Collected Data for as long as it is necessary for the relationship with you and the purposes detailed in Section 3 or otherwise permitted or required under applicable law.

SONY may retain Collected Data for an appropriate period to protect ourselves from legal claims, to administer our business, or to the extent permitted by applicable law, which may require us to hold the relevant Collected Data for specific periods.

With regard to Collected Data which is processed based on your consent declaration, SONY will apply a maximum of twenty-seven (27) months retention period from the date of the collection of the Collected Data.

Collected Data which is processed for pushing updates to the Application or Related Device will be deleted after the Internet communication required for this is completed.

Collected Data which is processed for providing Help to you upon your request will be deleted after the requested Help has been provided to you.

6. Transfer of the Collected Data internationally

The Collected Data will be processed, stored and transferred for the purposes outlined in Section 3 to countries/regions outside the European Economic Area (EEA) and/or your country/region of residence, including in particular Japan and the United States.

Where information is transferred out of the European Economic Area (EEA) to us or a third party in connection with the purposes set out in this Privacy Policy, we will, to the extent that no statutory level of security comparable to the European data protection laws exists in such countries/regions, adopt appropriate measures to ensure that your personal data will be adequately protected in these countries/regions. In particular, we may apply the standard contractual clauses published by the European Commission or an appropriate Privacy Shield certification. Where the Collected Data is transferred to Japan, the adequate level of data protection is confirmed by the European Commission´s adequacy decision.

7. Security

SONY undertakes reasonable security measures designed to protect against the loss, misuse or alteration of the Collected Data. Although SONY strives to protect the Collected Data, SONY cannot guarantee or warrant the security of any Collected Data transmitted to SONY through the Application or that SONY stores on its systems or that is stored on SONY’s third party contractors' systems.

8. SONY Group’s Policy Regarding Children

SONY Group is committed to complying with all applicable laws and regulations regarding the collection, storage and use of the Collected Data concerning children, including the Children's Online Privacy Protection Act in the United States and applicable local legislation in other countries/regions. This Application is intended for a general audience; the Application is not directed to and does not knowingly collect personal information from children younger than age 16. If you are a parent or guardian and are concerned that your child has provided a SONY Affiliate with personal information (as defined by applicable law), you should contact such SONY Affiliate as indicated below.

9. Privacy Rights

In some countries/regions, you have certain rights with respect to the Collected Data SONY or a SONY Affiliate holds about you. These may include the right to request a copy of the Collected Data that SONY or a SONY Affiliate holds about you and/or the right to request that SONY or the SONY Affiliate amends, deletes, blocks/restricts or corrects such Collected Data if it is inaccurate. You may also have the right to ask us to provide some types of the Collected Data to you, or another organization nominated by you, in a structured and machine readable format. In addition, you can object to the processing of the Collected Data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement).

10. Changes

SONY will notify you of any changes to SONY’s Privacy Policy by posting the new Privacy Policy here http://policies.songpal.sony.net/headphones/pp/na/20200110/pp/hpc_pp_na_en-us.html and by prominently posting notice of the amendment on the Application. You are advised to consult the posted Privacy Policy regularly for any changes.

11. Contact Information

This Privacy Policy applies to: SONY as a data controller. SONY's address is Sony City Osaki, 2-10-1, Osaki, Shinagawa-ku, Tokyo, 141-8610, Japan.

If you have any questions or concerns about this Privacy Policy, or if you wish to exercise any legal right you may have in respect of the Collected Data, please contact us at www.sony.net/SonyInfo/Support/

If you are in the EU:

Sony Home Entertainment & Sound Products Inc., a Japanese company, is the controller for the Collected Data. Our representative in the EU is Sony Europe BV, a Dutch company, whose business address is Taurusavenue 16, 2132LS Hoofddorp, the Netherlands. If you have any concerns about how we process your data, you can contact our representative in the EU by emailing:privacyoffice.SEU@sony.com. You can also get in touch by writing to Sony Europe BV at the address above or at The Privacy Office c/o Sony Europe Legal Department, The Heights, Brooklands, Weybridge, Surrey KT13 0XW, The United Kingdom, or you can contact your local Sony company at http://sony-europe.com.

If you are in the United Kingdom:

Sony Home Entertainment & Sound Products Inc., a Japanese company, is the controller for the Collected Data. Our representative in the UK is Sony Europe BV, a Dutch company, whose UK branch has its business address in The Privacy Office, The Heights, Brooklands, Weybridge, Surrey KT13 0XW, The United Kingdom. If you have any concerns about how we process your data, you can contact our representative in the UK by emailing:privacyoffice.SEU@sony.com. You can also get in touch by writing to The Privacy Office c/o Sony Europe Legal Department, The Heights, Brooklands, Weybridge, Surrey KT13 0XW, The United Kingdom, or you can contact your local Sony company at http://sony-europe.com.

12. For Users in EU/EEA

If you are located in the EU/EEA, Sony Home Entertainment & Sound Products Inc. is the data controller of the Collected Data.

If you are located in the EU/EEA, please note that the legal basis for SONY’s processing under EU-law is Article 6 (1) (b) General Data Protection Regulation:

SONY’s processing of certain data for providing the minimum functions of the Application (please refer to Section 3 above) is based on the necessity of performing our obligations in connection with the EULA we have with you (for this, no Collected Data is transferred to Sony).

the legal basis for SONY processing your IP address data for pushing updates to your Application or Related Device (please refer to Section 3(i) above) is the performance of the EULA we have with you.

the legal basis for SONY processing Collected Data for providing “Help” upon your request is that such processing is necessary for the purposes of our legitimate interests pursued by Sony. The legitimate interest pursued by SONY in relation to our use of your Collected Data is the efficient and effective provision of support to our customers (Please refer to Section 3(ii) above).

please note that your consent (please refer to Section 3(iii) above) forms the legal basis for SONY processing Collected Data for improving/developing SONY’s products and services under EU-law is (Article 6 (1) (a) General Data Protection Regulation).

Privacy Rights for EU Residents:

With regard to your Collected Data that we process if you are located in the EU/EEA, you may have the following rights pursuant to Art. 15-18 and Art. 19-21 GDPR:

These rights may be limited, for example if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping.

If you would like to exercise any of these rights, please contact SONY at www.sony.net/SonyInfo/Support/

You also have the right to complain to a supervisory authority for data protection in the country/region where you live, where you work, or where you consider that a breach of data protection has occurred - although we hope that we can assist with queries or concerns you may have about our use of the Collected Data.

13. For Users in the State of California

How we respond to Do Not Track Signals. Some web browsers incorporate a “Do Not Track” feature that signals to websites that you visit that you do not want to have your online activity tracked. How browsers communicate the Do Not Track signal is not yet uniform. For this reason, our Application does not respond to such signals.

Privacy Rights for Residents of the State of California:

As disclosed above we do not share personal information subject to California Civil Code Section 1798.83 with third parties for their own marketing purposes. If you have questions about information we collect or how we use or share such information, please contact us at privacyoffice.SEU@sony.com


Effective Date: This Privacy Policy was revised and is effective as of December 10, 2019.


© 2017,2018,2019 Sony Home Entertainment & Sound Products Inc.