Legal Terms

This is the privacy policy of Earbyte Inc. (“We”), whose address is 19785 W 12 Mile Rd #61, Southfield, MI 48076, USA.
We may need to collect personal data when operating our on-line store reachable through the partner website www.AntelopeAudio.com. Therefore, and in full conformity with the applicable legislation we have created the present Privacy Policy to explain our privacy practices and policies.
This Privacy Policy is developed to give mainly the following information:

  • what information is collected;
  • purposes for collection and processing personal data;
  • legal grounds for processing;
  • possible recipients of the data;
  • rights of the individuals with regard to their personal data;
  • period for processing of personal data

Please read carefully this Privacy Policy before using the On-line store or any of our services, or before providing your personal data in any other way. If you do not wish that We process your personal data in the way described in this Privacy Policy, please do not provide it. You provide your personal data voluntarily with a view to order the products we offer. Please be advised that we will not be able to register and/or fulfill your order if you don’t provide us the minimum required information.
Should, after reading the below terms, you do not understand when and how your personal data or other information will be collected, used, disclosed and protected, please do not provide us with your personal data.
What information is collected
We collect personal data, communicated voluntary by the individuals and required for the purpose of executing the sales order of a Product or Service, such as (without the listing being comprehensive): (I) name of customer; (ii) e-mail address; (iii) telephone number; (iv) Billing and shipping address; (v) payment information; (vi) country. If an individual does not want to communicate its personal data he/she shall not continue with the ordering process or with any other relations with us, requiring communication of personal data.
Purposes for data processing
We will use your personal data to manage your purchase online by processing your orders and returns via our online shop.
This means that such data are needed in particular for:
– conclusion of the sale-purchase contract
– settlements
– shipping of the goods ordered by the User
– the User to exercise any consumer rights they may have (e.g. contract rescission, statutory warranty).
– to process and complete transactions and send you related information including purchase information and invoices, including to bill and collect payments due to us.
– to manage your payments.
– to identify you and to validate your legal age for shopping online and to confirm your address with external partners.
We will also use your personal data to comply with obligations in laws, court rulings and decisions from authorites. This includes using your personal data to collect and verify accounting data to comply with our book-keeping rules.

Legal grounds for the processing
We process your personal data in order to be able to to take steps at your request for a product/order of product and the performance of a contract concluded between you and us. In general, the processing of your personal data is necessary to fulfil the service of managing and delivering the order to you.
The processing of your personal data is necessary for us to fulfil our legal obligation connected to the relations with you and the purchase of our products.

How long do we save your data?
We will save your data in compliance with the book-keeping rules in your country or in our applicable law.

Who has access to your personal data?
We may share personal data with third parties as follows:
Transport/courier companies with a view to fulfilling our contractual obligations for delivery of purchased goods, or papers for fulfilling our contractual obligations we have either with;
IT companies that provide book-keeping system solutions
Banks or other payment operators, servicing payments;
The manufacturer of the products we offer
Safety, Security, and Compliance with Law. We may share your information to follow applicable law, or to respond to legal process – in response to lawful requests by public authorities, including for national security, law enforcement, or legal process purposes (for example, a court order, search warrant, or subpoena);

What are your rights?

Right to access:
You have the right to request information about the personal data we hold on you at any time. You can contact us and we will provide you with your personal data via e-mail.
Right to portability: 
Whenever we process your personal data, by automated means based on your consent or based on an agreement, you have the right to get a copy of your data transferred to you or to another party. This only includes the personal data you have submitted to us.
Right to rectification: 
You have the right to request rectification of your personal data if the information is incorrect, including the right to have incomplete personal data completed.
Right to erasure:
You have the right to erase any personal data processed by us at any time except for the following situations:
*you have an ongoing matter with customer service
*you have an open order which has not yet been shipped or partially shipped
*you have an unsettled debt with us, regardless of the payment method
*if you have made any purchase, we will keep your personal data in connection to your transaction for book-keeping purposes
Your right to object to processing based on legitimate interest:
You have the right to object to processing of your personal data that is based on our legitimate interest (if any).
Right to restriction:
You have the right to request that we restrict the process of your personal data under the following circumstances:
* if you  object to a processing based our legitimate interest.
* if you have claim that your personal data is incorrect, we must restrict all processing of such data pending the verification of the accuracy of the personal data.
* if the processing is unlawful you can oppose the erasure of personal data and instead request the restriction of the use of your personal data instead
* if we no longer needs the personal data but it is required by you to defend legal claims.
How can you exercise your rights?
We take data protection very seriously and therefore we have dedicated customer service personnel to handle your requests in relation to your rights stated above. You can always reach them at vlazarov@antelopeaudio.com

Right to complain with a supervisory authority: 
If you consider that we process your personal data in an incorrect way you can contact us. You also have the right to raise a complaint to a supervisory authority.
Privacy Policy Updates
We reserve the right to unilaterally amend and/or revise the present Privacy Policy at our discretion from time to time. The amended Privacy Policy become effective at the date designated therein, in any way not less than 20 days after these have been posted on-line.

SPECIFIC DATA PROCESSING PROCESSES

To make this Privacy Policy easier to understand, we have provided description of the various cases of data processing, which description includes information about their purpose, legal basis, retention period and the scope of the processed data. If you wish to access any particular section, use the list below to jump to that section.
The information given in any other part of this Privacy Policy is general and applies to all listed data processing cases (except otherwise provided at the relevant place).

Antelope Audio Account (creation of Profile)

Why do we use your personal data?

We will use your personal data to create and manage your personal account. In order to use some of its functions, to use some of our Services, take advantages of the updates of our products, to simplify the process of providing our Services you will need to register, choose an account name (username), and set a password. You will receive an e-mail confirming your successful registration to the e-mail address provided during the registration. You may browse our Website freely without the need of registration.
The registration to our Website is also required when you have bought Antelope Audio’s product. Each of our products must be activated in order to use its full functionality and features and in order for us to validate your Product warranty. In order to activate your device you have to make a user registration first.

What types of personal data do we collect?

We will process following categories of personal data:

  • Name;
  • Contact information, such as: e-mail address; address (country, region); telephone number
  • Date of registration;
  • Login password (encrypted);
  • Country;
  • Account settings;
  • Third party product preferences (DAWs);
  • Dealer information (in case of registrants, proud owner of our products);
  • Price paid (in case of registrants, proud owner of our products);

We will also process the following categories of personal data connected to your cookies:

  • click history;
  • navigation and browsing history
What is the legal ground to process your personal data?

If you are not an owner of Antelope Audio’s products the processing of your personal data for your account is based on your consent when you create your Antelope Audio account. You are providing your consent by choosing to register after you have read our Terms of Use and this Privacy Policy.

If you have bought our product/s or services, the processing of your personal data is based on our legitimate interest – in order to provide you with our Services related to your products and to be able to comply with our obligation under the product warranty. We have to certify that the product is yours, and for the purpose of preventing the usage of stolen products.

We may process your personal data for our legitimate interests (while applying appropriate safeguards that protect your privacy), for things such as:
– developing new updates and features for our products that are useful for our users;
– sending information to owners of Antelope Audio’s products about new updates of their devices;
– sending information about: -major changes in our T&C, policies or other Legal terms; – changing channels for providing services; or – announcing new services that are useful for our users.

How long do we save your data?

We will keep your data for as long as you have an active Antelope Audio account.
You have the right to terminate your account at any time, if you choose to do so your account will cease to exist and you will be considered inactive. We will keep your personal data if there are any legal requirements and if there is an open dispute, or we have other legal ground for using the same information, until the legally provided term.
If you quite your account you will not be able to use your Antelope Audio product, because your product is the only the physical device itself, but also the Services reachable through your account.

Participation in Beta Tester Programs of Antelope Audio

Why do we use your personal data?

Antelope Audio may give the opportunity to all or some of its registered users to participate in Open or Closed Beta Testing Programs. This is a unique opportunity to use and test our products, software, updates or features prior to general release. In order to become a beta tester of Antelope Audio you might be required to make a separate registration and to agree with the Beta Testing Program Terms and Conditions (i.e. to conclude the Beta tester agreement).
The choice whether to register as Beta Tester or not is entirely yours. Please be advised that we may not enter into the Beta tester agreement and give you this opportunity without registering and providing personal data.
In particular, the purpose of this case of data processing is: (i) to manage our contractual relations with you; (ii) to send you information about the new products/software that is open for testing under the Beta tester agreement; (iii) to communicate with you with regard to the testing of software/products/driver.

What is the legal ground to process your personal data?

We are processing your personal data to enter into and perform the Beta tester agreement.

What types of personal data do we collect?

– Name;
– Contact information, such as: e-mail address; address; telephone number
– Date of registration;
– Login password;
– what Computer/Motherboard you are using;
– what DAWs you are using;
– any other technical information that can be used for the purposes of technical improvement of the product.
We need the last three lines in order to be able to evaluate the compatibility of your Computer/Motherboard with the offered product for testing and to know what kind of driver to offer you for testing. Not every test driver/software will be applicable for you.

How long do we save your data?

Until the termination of the Beta tester agreement. You have the right to terminate your beta tester agreement at any time, if you choose to do so you will no longer receive our devices/software for testing. We may keep your personal data after termination if there are any legal requirements to do so; if there is an open dispute or until the relationship between us regarding the beta tester agreement have been finally settled.

Participation in promotion, discount offering campaigns or prize-winning events

Why do we use your personal data?

We will process your data when you enter/subscribe/register for our campaigns, discount programs or prize-winning events. Your personal data will be used for Antelope Audio to contact participants regarding the campaign, before and after an event, to identity contestants, to contact winners, deliver and follow up on prize deliveries or providing the promised discount.

What types of personal data do we process?

We will process following categories of personal data:

  • contact information such as name, address, e-mail address and telephone number
  • information submitted in the contest/event/campaign;
  • used devices.
Who has access to your personal data?

Data that is forwarded to third parties, is only used to provide you with the services mentioned above, for example:

  • to shipping suppliers for delivery of prizes;
  • to our dealers who are either co-organizer of an event or campaign or is providing the discount or product on our behalf (your Favorite dealer or one suggested by us, that is located in your country or state).
What is the legal ground to process your personal data?

The processing of your personal data is based on your consent when you choose to enter a competition/register for a discount campaign or prize winning event.

Your right to withdraw your consent

You have the right to withdraw your consent for the processing of your personal data at any time. When you do so Antelope Audio, will not be able to provide you with the services mentioned above.

How long do we save your data?

We will keep your personal data for 4 months after the competition/campaign or event has ended, in order to able to prove the transparency of our events and to protect against claims.

Marketing and updating activities. Direct Marketing

Why do we use your personal data?

We will use your personal data to send you updates regarding cutting edge company products, crucial product upgrades, new software solutions, AFX additions to interfaces as well as special discounts, competitions and giveaways. We are predominantly using e-mails for our marketing and update activities, but in some cases we might use also phone. In this personalised advertising material, we inform our customers about our products and updates, current services, promotions, related events and special offers, and provide them information that we believe will be of interest to our customers.
We may only send such materials with your prior consent. In case you give us your consent to receiving personalized advertising materials and product updates, we will make use of your purchase history and/or web browsing information to put together the most relevant materials.

What is the legal ground to process your personal data?

The processing of your personal data is based on your consent.
The declaration of consent may freely be withdrawn without limitation or justification at any time. In this case, advertising and updates material shall no longer be sent to the declarant.

What types of personal data do we process?
    • Name, e-mail address, phone number

li>Data regarding previous purchases or use of services and/or website browsing history

  • Time of subscription/unsubscription

 

Your right to withdraw your consent:

You have the right to withdraw your consent for the processing of your personal data at any time and also object to direct marketing. When you do so, we won’t be able send you any further direct marketing offers or update and product information based on your consent.
You can opt out from direct marketing by the following means:

  • following the instruction in each marketing emails, usually by selecting the “unsubscribe” or “opt-out” link;
  • by editing the settings of your Antelope Audio account (if such functionality exist);
How long do we save your data?

We will keep your data for direct marketing until you withdraw your consent.

Technical support services

Why do we use your personal data?

Antelope Audio is the manufacturer and distributed of Antelope/Antelope Audio branded products. We as manufacturer, even though not selling directly to you as an end-customer, are giving the end customers a product standard warranty. We are also providing technical support services of out-of-warranty products and we help our customers when they have technical questions about our products, i.e. with regard to device registration, device installation, compatibility etc.
In order to be able to be of help to you and solve your problems we need to process your information.
Our technical support department uses three channels of communication with you, where these are also channels for collecting of information, and namely:

  1. E-mail
  2. Call Centre (telephone support)
  3. Live Chat (our Chat function)

If you have any problem with your Antelope Audio’s device/product or want to ask any question regarding any of our devices, you go to our Website – Technical support section (Support landing page) and may choose any of thеse channels of communication voluntarily.
The purposes for these technical support service activities can be manifold, such as:

  • Help upon installation and activation of our products,
  • validation of a warranty request,
  • technical support services within the warranty period or outside the warranty/guarantee period; the fulfilment of the warranty/guarantee obligation;
  • distance technical support services
  • the performance of other service activities related to the products, as listed above;
  • Sending notifications on the repair process. We record the claim in a device receipt logbook (service worksheet). Normally, we send several notifications regarding the repair process, using the e-mail address given on the worksheet and in the Support landing page, such as when the repair process is initiated, when the item has been forwarded to our repair centres and when the repair process has been completed;
  • In case of messages transmitted through Live chat, the IP address.

The purpose of making voice recordings of the conversations through the Call centre is:

  • to check the accuracy of data recorded in the management system based on the conversation,
  • to substantiate the statements made,
  • contractual fulfilment, documentation of the lawfulness of the procedure carried out by Antelope Audio,
  • settlement of disputes,
  • to examine the tone of the conversation in case of complaints,
  • quality assurance analysis to improve the quality of customer management in order to help address individual complaints/issues more effectively.
What types of personal data do we process?
    • Personal and contact information, such as name, address, e-mail address and telephone number;
    • information recorded on the invoice or other document for prove of purchase (we may require such in some cases);
    • payment information/ bank account number and payment history;
    • Personal information to log in to the technical support system – name, e-mail, country;
    • Personal data provided upon activation of the owned product and upon signing up to the Website;
    • all correspondance in the matter, including time of reporting the error, time the notices are sent, reception date of the repaired device, the nature of the fault etc.;
    • order information;
    • serial number of the device, type, date of purchase;
    • username;
    • Call Centre records (both the phone number of the caller/call recipient and the conversation itself), including the personal information provided by the customer during the conversation. Since voice itself is considered personal data, the process of recording and the storage of the records also fall under the scope of data processing;
    • Time of the call.
What is the legal ground to process your personal data?

Based on the legal basis of the above service activities, the legal basis for data processing may be manifold:

  • The performance of contractual obligations (for example the service outside the warranty/guarantee period, paid by the customer is based on a contract that comes into force when the customer orders the relevant repairs, spare parts or relevant service);
  • Compliance with a legal obligation to which the controller is subject, for example invoicing when a payment is processed by you; providing in-warranty repair;
  • The consent of the data subject. This is especially valid for the voice recordings. If the customer does not wish to have his voice recorded, he has two other options to contact our Technical Support department, instead of calling the contact center.
How long do we keep your data?

We will keep your data for 18 months for repair case management, following the completion of your last request for services hereunder.
The voice recorded will be kept for up to 5 months after recording.
The Live chat history will be kept for 18 months.
We may keep your personal data for longer time if there are any legal requirements and if there is an open dispute until the dispute is finally settled.

Enforcement of claims

Why do we use your personal data?

In order to collect outstanding invoiced amounts and other claims by legal means, external contractual partners (e.g. law firms) employed by Antelope Audio are tasked with performing claims management activities.

What is the legal ground to process your personal data?

the performance of contractual obligations, and where non-contractual claims (e.g. damages claims) are concerned – legitimate interests.

What types of personal data do we process?

Typically, information on the invoice (name, address, date and time of purchase), contact details (phone number, e-mail address). Personal data of legal representatives of the company – debtor.

How long do we save your data?

For the period of time necessary to enforce the claim, recover the debt. Until the end of the statutory limitation period.

Entering into contractual relations with our dealers/distributors or partners

Why do we use your personal data?

Antelope Audio is entering into various commercial agreements with its partners – legal entities.
In order to sign a legally binding contract we need the data of the legal representatives or their authorized proxies. We process also data and contact details of the contact persons, designed in our business contracts. We need this for the execution and management of the contractual relations.

What types of personal data do we process?
  • Name
  • Address
  • E-mail address
  • Phone number
  • Position in the organization of the partner;
  • Purchase history
What is the legal ground to process your personal data?

We are processing your personal data in order to enter into and perform the agreement between us the represented by you company or the company that has provided you as a contact person.

How long do we save your data?

Until the termination of the agreement and until the expiration of the statutory term for filing a claim. We may keep your personal data after termination if there are any legal requirements and if there is an open dispute until the dispute is finally settled.

Fulfillment of legal obligations

Why do we use your personal data?
We will use your personal data to comply with obligations in laws, court rulings and decisions from authorites.
This includes using your personal data to collect and verify accounting data to comply with our book-keeping rules.
What types of personal data do we process?
We will process following categories of personal data:
  • order number;
  • name;
  • postal address;
  • transaction amount;
  • transaction date
  • purchased item/s.
What is the legal ground to process your personal data?
The processing of your personal data is necessary for Antelope Audio to fulfil its legal obligation.
How long do we save your data?
We will save your data in compliance with the book-keeping rules.