You have acquired an item or downloaded an application or file (“Application") that includes software which is either owned by D&M Europe B.V. or its parent company D&M Holdings, Inc. ("D&M") or licensed by it from its software vendors or their affiliates ("Vendors") (collectively, “D&M’s suppliers”). Those installed software products or applications owned by D&M or by its software suppliers, as well as associated media, printed materials, and "online" or electronic documentation ("Software") are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold and is owned by D&M and the respective D&M supplier.

IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT ("EULA"), DO NOT USE OR DOWNLOAD THE APPLICATION OR THE SOFTWARE. INSTEAD, PROMPTLY CONTACT D&M FOR INSTRUCTIONS ON RETURN OF THE UNUSED APPLICATION(S) FOR A REFUND. BY CLICKING ON THE ACCEPT BUTTON OR BY USING THE SOFTWARE OR DOWNLOADING THE APPLICATION YOU AGREE TO THIS EULA (OR RATIFY ANY PREVIOUS CONSENT TO THIS EULA).

The license granted herein is a personal, non-exclusive and non-transferable right subject to the restrictions herein. If you do not comply with the terms of this EULA, this EULA shall be terminated in accordance with applicable law. You will then no longer be entitled to use the Software and you must then stop using the Software and delete the Software from your device(s). This EULA grants you the following rights to the Software and all other rights are reserved by D&M and its software suppliers. You may use the Software only in connection with the product that it relates to. This license is conditioned upon truthful and accurate answers to any questions that are asked of You as part of the installation or download process. This includes information concerning your location, which information may be necessary to provide accurate and appropriate music services for the territory in which you reside. Knowingly providing false information will result in a loss of warranty under this EULA, if any, as well as voiding the warranty for any products associated with the Software.

THE SOFTWARE IS NOT FAULT TOLERANT. D&M HAS INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE APPLICATION, AND D&M'S SUPPLIERS HAVE RELIED UPON D&M TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.

THE SOFTWARE IS PROVIDED "AS IS" AND WITH ALL FAULTS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK OF NEGLIGENCE) IS WITH YOU. ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT. IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE APPLICATION OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, D&M OR D&M'S SUPPLIERS.

EXCEPT AS PROHIBITED BY LAW, D&M AND ITS SOFTWARE SUPPLIERS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. EXCEPT AS MAY BE PROHIBITED BY LAW, IN NO EVENT WILL D&M'S SUPPLIERS OR D&M BE LIABLE TO YOU FOR ANY AMOUNTS ABOVE YOUR PURCHASE PRICE FOR THE APPLICATION IF ANY. EACH D&M SUPPLIER IS AN INTENDED CONTRACTUAL BENEFICIARY OF THIS EULA.

You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

You may permanently transfer rights under this EULA only as part of a permanent sale or transfer of the Application, and only if the recipient agrees to this EULA. You may not modify, sublicense or create derivative works based on the Software and you may only use the Software in connection with the Application. If the Software is an upgrade, update or patch, any transfer must also include all prior versions of the Software.

You acknowledge that the Software, or any part thereof, or any process or service that is the direct product of the Software (the foregoing collectively referred to as the "Restricted Components") are of U.S. origin. You agree to comply with all applicable international and national laws that apply to these products, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by the U.S. and other governments. For additional information on exporting Microsoft products, see http://www.Microsoft.com/exporting/.

Software will automatically identify supported equipment that has been connected to your D&M system and then automatically check periodically (via the internet) whether there are any updates available for such D&M products. From time to time you may receive notices of available Upgrades or Updates to the Software. Any upgrades or updates will continue to be subject to the terms of this EULA unless a new EULA is required to access or download the update or upgrade in which case the new EULA will apply according to its terms.

The Software may include links to or display content from third party providers, such as music services. You understand and agree that D&M shall not be liable for such third party content or services, and that any such providers are separate legal entities and are in no way related to D&M. Any content provided by such third party providers shall be subject to the agreements governing such third party services. Further, D&M does not warranty, guaranty or otherwise claim that all such services will be available to You, or that such services will be uninterrupted or error free in any way. You must determine individually whether you wish to utilize any third party service.

You represent that you are at least 16 years of age. You may permit others to use the Software under your account, but you agree that you are fully responsible for any minors' use of the Software. The Software is not designed or marketed to users under age 13.

At Sound United, we’re committed to protecting and respecting your privacy.

This Policy explains when and why we collect personal information about people who visit our website, buy and use our products, download our software, or otherwise contact us, and how we use this information, the conditions under which we may disclose it to others and how we keep it secure. The companies that this Policy applies to are Sound United, LLC and its affiliates, subsidiaries and brands (such as D&M Holdings Inc., Polk Audio, Denon, Marantz, HEOS etc.).

Our goal is to bring joy to the world through sound. In order to do this in the best possible way we need to connect you to your music. We can achieve this most successfully by understanding your preferences as they relate to our products and services and by understanding how you use our products.

We may change this Policy from time to time so please check this page occasionally to ensure that you’re happy with any changes. By using our website, or indicating you agree by checking a box or clicking on an “accept” button or similar indications of explicit consent you’re agreeing to be bound by this Policy.

Any questions regarding this Policy and our privacy practices should be sent by email to [email protected] or by writing to our Privacy Officer at the following locations:

For Europe and UK: Sound United Europe, Beemdstraat 11, 5653 MA Eindhoven, The Netherlands.

For North America, South America, Australia and New Zealand: Sound United, 1 Viper Way, Vista, California, 92081, USA

For Asia: D&M Holdings, D&M Building, 2-1 Nisshin-cho, Kawasaki-ku, Kawasaki-shi, Kanagawa, JAPAN

We are Sound United, the name we use to identify the owner of our brands, subsidiary companies and affiliates such as Denon, Polk, Marantz, Definitive Technologies, D&M, HEOS, Boston Acoustics, among others. We are dedicated to Bringing Joy to the World Through Sound and we provide our products and services on a global basis. Our European operations are based in Eindhoven at D&M Europe B.V., Beemdstraat 11, 5653 MA Eindhoven, The Netherlands, Tel. +31 (0)40 2507844, Chamber of Commerce number: 17073774. Our other office headquarters are: Sound United, 1 Viper Way, Vista, California, 92081, USA and D&M Holdings, D&M Building, 2-1 Nisshin-cho, Kawasaki-ku, Kawasaki-shi, Kanagawa, JAPAN. You may send correspondence concerning this Policy to the above addresses Attention: Privacy Officer.

We obtain information about you in a variety of ways such as:

When you interact with Sound United in any of the ways above or ways that may be available in the future we may ask for or you may provide us with certain data, such as:

Depending on the choices you have made in your privacy settings on various social media platforms, certain personal information may be shared with Sound United about your online activities and social media profiles, e.g. interests, marital status, gender, user name, photo, posts you have made. If you do not want this, please make sure to update your personal settings on the social media platforms that you use.

In addition, we may collect personal data via cookies, use of our apps or similar techniques, including, but not limited to:

With the exception of basic information about your device that is necessary to use some of our software apps, you have the choice as to what information you provide. Providing personal data beyond the basic information concerning your device is not required. However, choosing not to provide specific information may mean some features of our products and services are not available to you, or the performance of the products will be reduced. For instance, registering an account enables use of a variety of features and services in our software apps, but you must provide an email address for this registration.

We collect and use your personal data for the following purposes:

If we do not have your personal data, the following types of issues can occur (this list is not exhaustive of all the possible impacts):

We may analyze your personal information to create a profile of your interests and preferences so that we can contact you with information that we believe is relevant to you as opposed to information that is more general. We may also use additional information that’s publicly available about you from other sources to do this more effectively. Your personal information also helps us to detect and reduce fraud. We do not use automated decision making.
We will not sell your data to third parties. We have never done this, and we will not be doing this in the future.

What is the legal basis for obtaining my information under GDPR
The legal basis for processing your data is to fulfill the contract to provide with you with the product or service requested. For some data that you choose to provide beyond this, such as any address information or preferences you share, the legal basis for processing is consent. Where you have consented to the processing of your data, you may withdraw such consent by indicating that you wish to do so via [email protected]. This withdrawal will be effective once received by us and processed and will apply to your data from that date forward. There may be cases in which we process your data based on legitimate interests such as fraud prevention. Processing basic computer and device information is necessary for the performance of our contract in order for you to use our app.

We keep your data until you instruct us otherwise such as by visiting our privacy center located at [email protected] or it is either no longer needed in order to provide you with the products or services you have requested and then, unless there is a legal reason to keep it, it will be deleted as part of our normal, periodic updating of our user database or.

We will not sell or rent your information to third parties. All communications to you will come from Sound United and its companies or brands. We will not share your information with third parties to allow them to market to you unless you have agreed to allow us to do that.

We do share your information with third parties for the reasons below but only with agreements in place governing their use of your information and their relationship with Sound United.

We may instruct trusted third parties to perform services in respect of the processing of your personal data on our behalf. For example, when you use our apps we will utilize third party servers in order to store or provide you with information such as music content or other content that may be streamed from our servers to your Sound United products. If you enter into a transaction such as a purchase through one of our websites, we may have a third-party search engine process your order or fulfill it. These third parties specialize in such services and make your purchase faster and easier.

With any of our affiliates and trusted third parties we have data processing or other agreements in place to protect your data in accordance with the applicable laws. The agreements with these business partners will limit the purposes for which your personal data can be used and disclosed, and will require your personal data to be adequately safeguarded.

We may share anonymous data with third parties, but this will not be data that can be identified with you. For instance, we may share information about the total number of users for a particular service or product.

From time to time, Sound United may sell a business or a part of a business to another company. Such a transfer of ownership could include the transfer of your personal data directly related to that business to the purchasing company.

We may also need to disclose your personal information if it is required or requested as part of a legal order or legal process such as a subpoena or court demand. We are also subject to the investigatory and enforcement powers of the FTC, the Department of Transportation or any other U.S. authorized statutory body as part of our participation in the Privacy Shield.

Sound United may store your personal data in a cloud. This means that your personal data may be processed on behalf of Sound United by a cloud service provider and could be stored in different locations around the world. Sound United makes use of organizational measures and endeavors to enter contracts with third parties to protect your personal data and to impose similar but in no way less restrictive requirements on our cloud services providers, including requirements that your personal data be processed exclusively for the purposes mentioned above.

Data is transferred to the United Stated based on standard contractual clauses in place between the controller and processor. We enter into contracts with data processors that provide that your data may only be processed for limited and specified purposes consistent with the consent you provide. The data processor will provide the same level of protection as we do and will notify us if it makes a determination that it can no longer meet this obligation. If we receive such a notification, then we will cause the data processor to stop processing personal data and take other reasonable and appropriate steps to remediate such failure. While your personal information is in another country, it may be accessed by the courts, law enforcement and national security authorities in that country in accordance with its laws.

No data transmission can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us over the internet, email or other electronic communication methods and therefore you do so at your own risk. Once we receive your personal information, we use our best effort to ensure its security on our systems, to protect it against loss, misuse or alteration.

We are seeking participation in the Privacy Shield and are committed to following the Principles of the Privacy Shield. Further information about the Privacy Shield can be found at: https://www.privacyshield.gov/welcome. The list of Privacy Shield Participants can be found at: https://www.privacyshield.gov/list. The privacy shield also provides individuals with the ability to use an alternate dispute resolution provider to address complaints and provide you with free of charge resolution of complaints. More information on this alternative dispute resolution process can be found at: http://go.adr.org/privacyshieldannex.html.

You have a choice about whether or not you wish to receive information from us. If you do not want to receive direct marketing communications from us, then you can:

If you choose not to receive communications from us or you unsubscribe from communications with us we will no longer contact you for marketing purposes by email, phone or text message unless you choose to give your consent again.

The accuracy of your information is important to us. If you change email address, or any of the other information we hold is inaccurate or out of date, please email us at: [email protected], or write to us in Europe at: Sound United Europe, Beemdstraat 11, 5653 MA Eindhoven, The Netherlands. In the Americas, Australia and New Zealand write us at: Privacy Officer, Sound United, 1Viper Way, Vista, California, 92081, USA. In Asia write us at: Privacy Officer, D&M Holdings, D&M Building, 2-1 Nisshin-cho, Kawasaki-ku, Kawasaki-shi, Kanagawa, JAPAN

You will have a right to request an overview of your Personal Data. Where reasonably possible, the overview will contain information regarding the source (if reasonably available), type, purpose and categories of recipients of the relevant Personal Data.

You will have the right to request to have your Personal Data corrected, deleted or blocked. You will also have the right to data portability (accessing your data in a structured, commonly used and machine-readable format) for personal data that you provide directly to us.

If you have complaints that you wish to file you may do so at the local supervisory authority.

You also have the possibility, under certain conditions, to invoke binding arbitration for complaints regarding Privacy Shield compliance not resolved by any of the other Privacy Shield mechanisms. For additional information please visit: https://www.privacyshield.gov/article?id=ANNEX-I-introduction

To access, correct or delete your Personal Data you should send a request to [email protected] or to the contact point indicated in any relevant privacy notice. Sound United may require that you:

Within four weeks of Sound United receiving the request or the objection, Sound United will inform you in writing or by email either (i) of the action that Sound United has taken or will take in response or (ii) the ultimate date on which you will be informed of Sound United’s position on your request, which date will be no later than eight weeks after receiving your request.

As do most websites, our websites use "cookies." Our apps may also use cookies. A cookie is a small data file that can be sent to your browser or other device to be stored automatically on your computer or mobile device. Cookies are commonly used to track your visits to a site or your use of apps so you don't have to log in on every page and to analyze how you use the site or app. Among other things, this can allow website operators and app providers to serve you better. It may be possible to set your Internet browser or mobile device to reject cookies but this may affect your ability to use some parts of websites or Apps.

It is possible to switch off cookies by setting your browser preferences. Turning cookies of may result in a loss of functionality when using our website.

Our website may contain links to other websites run by other organizations. This privacy policy applies only to our websites‚ so we encourage you to read the privacy statements on the other websites you visit. We cannot be responsible for the privacy policies and practices of other sites even if you access them using links from our website.

In addition, if you linked to our website from a third-party site, we cannot be responsible for the privacy policies and practices of the owners and operators of that third-party site and recommend that you check the policy of that third-party site.

We are concerned to protect the privacy of children aged 16 or under. If you are aged 16 or under‚ please get your parent/guardian's permission beforehand whenever you provide us with personal information. Our websites are not intended for use by children and does not solicit them. We do not knowingly obtain or try to obtain personal data from children or request such data from them.

We keep this Policy under regular review. This Policy was last updated in June 2018.