1. ABOUT THIS PRIVACY POLICYThis Privacy Policy explains how dSONIQ sp. z o.o. (“dSONIQ”, “we”, “us” or “our”) collects, uses, stores, shares and otherwise processes personal data in connection with www.dsoniq.com, Realphones and our related websites, customer areas, licence-management services, software activation, demonstration licences, technical support, marketing communications, surveys, promotions and other interactions with dSONIQ (together, the “Services”).
This Privacy Policy applies where dSONIQ decides why and how personal data is processed and therefore acts as the data controller.
Some third parties, including payment providers and Merchants of Record, may process personal data for their own purposes as independent controllers. Their processing is governed by their own privacy notices.
2. DATA CONTROLLERdSONIQ sp. z o.o. Adama Mickiewicza 37/58
01-625 Warsaw, Poland
KRS: 0001235228
NIP: 5253086313
Privacy-related enquiries and requests may be submitted through the support facilities available at www.dsoniq.com/support.
We may take reasonable steps to verify the identity of anyone making a privacy request before disclosing, changing or deleting personal data.
3. PERSONAL DATA WE MAY PROCESSThe personal data we process depends on how you interact with dSONIQ and the Services.
Account and contact data- name;
- email address;
- country or region;
- language preferences;
- contact details you choose to provide;
- account credentials and account identifiers;
- business or organisation details where an account or licence is registered to a business.
Licence and product data- products and licence editions associated with your account;
- licence keys and licence identifiers;
- product registration information;
- activation status;
- selected headphone profiles and other licence-related settings;
- upgrade and product entitlement information;
- demonstration licence history;
- information needed to determine eligibility for demonstration or promotional licences.
Device and technical dataWhere necessary to provide, secure, activate or support the Software and Services, we may process technical information such as:
- hardware or machine identifiers used for licence activation;
- operating system and platform information;
- application version;
- device and software configuration information;
- IP address;
- browser type;
- language and time-zone information;
- server, diagnostic, security and error logs;
- timestamps and information relating to activation or use of licence-management services.
We do not use technical licence identifiers for unrelated purposes unless another lawful basis applies.
Purchase and transaction dataWhere you purchase dSONIQ products through a third-party Merchant of Record or reseller, we may receive information reasonably necessary for product fulfilment and support, including:
- transaction or order identifiers;
- the product purchased;
- transaction date;
- customer country or region;
- licence entitlement;
- limited purchaser or contact details made available to us by the relevant sales provider.
Payment-card details are generally collected and processed by the relevant payment or Merchant of Record provider and are not required to be stored by dSONIQ for ordinary product fulfilment.
Please do not send payment-card details, passwords or other unnecessary sensitive information through technical-support channels.
Support and correspondence dataIf you contact us, we may process your name, email address, the contents of your request, product and licence details, attachments and other information you provide, together with technical information reasonably needed to diagnose or resolve the matter.
Newsletter and marketing dataWhere you subscribe to marketing communications, we may process your email address, language preference, subscription status, consent records, unsubscribe or objection records, and delivery or campaign-interaction information where permitted by law and your preferences.
Website and analytics dataSubject to applicable consent requirements, we may process information about use of our Website, including page visits, interactions, referring sources and technical identifiers. Further information is provided in our Cookie Policy.
4. DATA WE DO NOT SEEK TO COLLECTdSONIQ does not intentionally seek to collect special categories of personal data such as information about racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic or biometric data, health, or a person’s sex life or sexual orientation.
Please do not provide such information unless it is genuinely necessary for a specific request. If unnecessary sensitive data is provided to us, we may delete or restrict it where appropriate.
5. SOURCES OF PERSONAL DATAWe may obtain personal data:
- directly from you when you create an account, request a trial, register or activate a product, subscribe to a newsletter, contact support or otherwise communicate with us;
- automatically from your device or software where necessary for licence activation, security, diagnostics or operation of the Services;
- from Paddle or another authorised Merchant of Record, reseller or distribution partner in connection with a purchase;
- from service providers acting on our behalf;
- from publicly available sources where reasonably necessary for legitimate business communications, fraud prevention, protection of our rights, or the establishment, exercise or defence of legal claims.
6. WHY WE USE PERSONAL DATA AND OUR LEGAL BASESWe process personal data only where we have a lawful basis to do so.
Providing accounts, licences and ServicesWe use personal data to create and administer accounts, register and activate licences, provide access to purchased products, administer product entitlements and upgrades, provide demonstration licences, and deliver requested downloads and functionality. The main legal basis is Article 6(1)(b) GDPR: processing necessary to perform a contract or to take steps at your request before entering into a contract.
Customer supportWe use personal data to answer requests, diagnose problems, administer licences and provide support. Depending on the circumstances, the legal basis is Article 6(1)(b) GDPR or Article 6(1)(f) GDPR, based on our legitimate interest in providing effective customer service and maintaining our products.
Security, fraud prevention and protection against abuseWe may use account, transaction, activation, technical and demonstration-period information to protect accounts and systems, detect suspicious or unauthorised activity, prevent fraud, prevent abuse of trial, promotional or licensing programmes, investigate breaches of our terms, and establish, exercise or defend legal claims. The legal basis is usually Article 6(1)(f) GDPR, based on our legitimate interests in protecting dSONIQ, our users, our products and our Services. Where processing is required by law, Article 6(1)(c) GDPR may also apply.
Product development and service improvementWe may use appropriately limited customer, support, technical and aggregated usage information to maintain, troubleshoot, analyse and improve our products and Services. The legal basis is Article 6(1)(f) GDPR, based on our legitimate interests in maintaining and developing secure, reliable and commercially viable products and Services. Where analytics technology requires consent, it will be used only after the required consent has been obtained.
Legal, accounting and regulatory obligationsWe may process and retain information where necessary to comply with tax and accounting requirements, corporate and commercial law, lawful requests from public authorities, regulatory requirements and other legal obligations. The legal basis is Article 6(1)(c) GDPR.
Establishing, exercising and defending legal claimsWe may retain and use information reasonably necessary to document transactions, contractual performance, communications, licence use, disputes and other matters relevant to legal claims. The legal basis is Article 6(1)(f) GDPR, based on our legitimate interest in protecting and enforcing our legal and contractual rights.
Direct marketing and newslettersWe may send newsletters, product news, upgrade information, special offers and other marketing communications where we are legally permitted to do so. Where prior consent is required for the relevant communication channel, we will obtain it before sending the communication. You may unsubscribe or withdraw your marketing consent at any time. We may retain a limited suppression record so that your opt-out continues to be respected.
Cookies, advertising and analyticsWhere cookies or similar technologies require consent, we use them only after that consent has been given. Strictly necessary technologies may be used without consent where permitted by law. Please see our Cookie Policy for further details.
7. OUR LEGITIMATE INTERESTSWhere we rely on Article 6(1)(f) GDPR, our legitimate interests may include:
- operating and securing our business;
- providing and improving products and Services;
- administering licences;
- protecting intellectual property and contractual rights;
- preventing fraud and misuse;
- ensuring the reliability of our systems;
- responding to customer requests;
- maintaining appropriate business records;
- establishing, exercising or defending legal claims;
- understanding the performance of our products and Services where permitted by law.
We balance these interests against the rights and freedoms of the people concerned and do not rely on legitimate interests where those rights and freedoms override our interests.
8. PADDLE AND PURCHASE DATAdSONIQ uses Paddle as a Merchant of Record for relevant online sales.
When you purchase a product through Paddle, the purchase transaction is entered into with the applicable Paddle entity. Paddle processes payment and buyer information under its own terms and privacy notice.
Paddle may provide dSONIQ with buyer information where there is a lawful basis to do so, including for product fulfilment, licence administration, order processing, fraud prevention, technical support and customer support.
dSONIQ processes information received from Paddle only where dSONIQ has its own lawful basis for doing so.
9. SHARING PERSONAL DATAWe do not sell or rent personal data.
We may disclose personal data where reasonably necessary to:
- hosting, cloud and infrastructure providers;
- email delivery and communications providers;
- customer-support and ticketing providers;
- software-development and technical service providers acting on our behalf;
- analytics, advertising and marketing providers where legally permitted and, where required, subject to consent;
- Merchant of Record, payment, reseller and distribution partners;
- accountants, auditors, lawyers, tax advisers and other professional advisers;
- insurers;
- banks and financial institutions where relevant;
- public authorities, regulators, courts or law-enforcement bodies where disclosure is required or permitted by law;
- parties involved in a merger, acquisition, financing, restructuring, sale of assets or similar corporate transaction, subject to appropriate confidentiality and data-protection safeguards.
Where a recipient processes personal data on our behalf as a processor, we require appropriate contractual safeguards. Where another party acts as an independent controller, it is responsible for its own processing activities.
10. INTERNATIONAL DATA TRANSFERSdSONIQ is established in Poland, but some service providers or recipients may process personal data outside Poland or outside the European Economic Area (“EEA”).
Where personal data is transferred outside the EEA, we use a transfer mechanism permitted by applicable data-protection law where required. Depending on the destination and circumstances, this may include:
- a European Commission adequacy decision;
- Standard Contractual Clauses approved by the European Commission;
- another safeguard permitted under Article 46 GDPR;
- an applicable derogation under Article 49 GDPR where legally appropriate.
Where required, we may also use supplementary technical, contractual or organisational measures. You may contact us for further information about safeguards applicable to a particular transfer, subject to legitimate confidentiality and security restrictions.
11. DATA RETENTIONWe keep personal data only for as long as reasonably necessary for the purpose for which it is processed, taking into account applicable legal, contractual, accounting, security and limitation-period requirements.
- Account and licence data may be retained for the duration of the account, licence or contractual relationship and afterwards where needed to evidence licence rights, meet continuing licence obligations or defend legal claims.
- Purchase and settlement records may be retained for the periods required by applicable tax, accounting and commercial law and for the establishment, exercise or defence of legal claims.
- Technical and security logs are retained for an appropriate limited period having regard to security, troubleshooting and fraud-prevention needs.
- Support correspondence may be retained for as long as needed to resolve the matter and afterwards where reasonably necessary to document the support provided or protect legal rights.
- Demonstration and anti-abuse records may be retained for as long as reasonably necessary to administer eligibility rules and prevent fraud or repeated abuse of trial programmes.
- Marketing data is generally processed until consent is withdrawn, an objection is made or the relevant marketing purpose ends, subject to retention of a limited suppression record where needed to honour the opt-out.
- Cookie and analytics data is retained in accordance with the periods described in the Cookie Policy or Cookie Settings.
When personal data is no longer required, we delete, anonymise or otherwise dispose of it in accordance with applicable law and our technical capabilities.
12. WHETHER YOU NEED TO PROVIDE PERSONAL DATAProviding personal data is generally voluntary. However, certain information is necessary to create an account, provide a requested trial, register or activate a licence, provide purchased products, administer licence entitlements, respond to certain support requests, or comply with legal obligations.
If you do not provide information that is necessary for these purposes, we may be unable to provide the relevant account, product, licence, functionality or support service.
Providing data for marketing purposes is voluntary. Refusing or withdrawing marketing consent does not affect your ability to use purchased products or core Services.
13. YOUR RIGHTSSubject to the conditions and limitations set out in applicable law, you may have the right to:
- ask whether we process your personal data and obtain access to it;
- ask us to correct inaccurate or incomplete personal data;
- ask us to erase personal data;
- ask us to restrict processing;
- receive certain personal data in a structured, commonly used and machine-readable format and, where applicable, have it transmitted to another controller;
- object to processing based on our legitimate interests;
- object at any time to processing for direct-marketing purposes;
- withdraw consent at any time where processing is based on consent, without affecting processing carried out before withdrawal;
- lodge a complaint with a competent supervisory authority.
In Poland, the competent supervisory authority is the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych — Prezes UODO).
Requests may be submitted through our support facilities. We may ask for information reasonably necessary to verify your identity and protect personal data against unauthorised disclosure.
These rights are subject to the conditions and exceptions provided by law. For example, the right to erasure is not absolute and does not require us to delete information that we are legally required or otherwise lawfully entitled to retain.
14. DIRECT MARKETING OBJECTIONSYou may object at any time to the processing of your personal data for direct-marketing purposes.
You may also unsubscribe from marketing emails using the unsubscribe link or other mechanism provided in the communication.
After you opt out, we may retain limited information necessary to record and respect that preference.
Service, security, licence, transaction and other non-marketing communications necessary for our contractual relationship or legal obligations may still be sent where appropriate.
15. AUTOMATED PROCESSING AND PROFILINGWe may use limited automated processing for licence administration, fraud and abuse detection, system security, analytics, and advertising audience measurement or segmentation where permitted by law.
dSONIQ does not currently make decisions based solely on automated processing that produce legal effects concerning you or similarly significantly affect you within the meaning of Article 22 GDPR.
If this changes, we will provide the information and safeguards required by applicable law.
16. CHILDRENThe Services are not specifically directed at children under the age of 16.
We do not knowingly rely on the consent of a child under 16 where applicable law requires authorisation from a parent or legal guardian.
If we become aware that personal data has been collected on the basis of an invalid child’s consent, we may take appropriate steps to delete the information or obtain the required authorisation.
17. THIRD-PARTY WEBSITES AND SERVICESOur Website and Services may contain links to websites, platforms or services operated by third parties.
dSONIQ does not determine the privacy practices of independent third-party controllers and is not responsible for their processing activities.
We encourage users to review the privacy information provided by the relevant third party before submitting personal data to it.
This does not affect any responsibility dSONIQ has under applicable law for processors acting on our behalf.
18. SECURITYWe use appropriate technical and organisational measures designed to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access and other unlawful processing.
These measures may include, where appropriate, access controls, authentication measures, encryption in transit, system and infrastructure security, logging and monitoring, backups, need-to-know access restrictions, and contractual confidentiality and data-protection obligations.
No information system or method of transmission can be guaranteed to be completely secure. Although we take reasonable and appropriate measures to protect personal data, we cannot guarantee absolute security.
19. ACCURACY OF PERSONAL DATAWe take reasonable steps to keep personal data accurate and, where necessary, up to date.
Users are responsible for providing accurate information and are encouraged to update account information when it changes.
You may ask us to correct inaccurate personal data in accordance with Section 13.
20. COOKIES AND SIMILAR TECHNOLOGIESWe use cookies and similar technologies in accordance with applicable law.
Some technologies are necessary for the operation of the Website or delivery of a service requested by the user. Other technologies, including certain analytics and advertising technologies, are used only where the required consent has been obtained.
Please refer to the dSONIQ Cookie Policy and the Cookie Settings available on the Website for further information.
21. CHANGES TO THIS PRIVACY POLICYWe may update this Privacy Policy from time to time to reflect changes in our Services, business operations, personal-data processing, technology, service providers, legal or regulatory requirements, or organisational and security arrangements.
The current version will be published on the Website together with the date of its most recent update.
Where required by law, we will provide additional notice of material changes.
Where a change requires consent or another specific legal basis that did not previously apply, publication of an updated Privacy Policy alone will not be treated as consent. We will obtain any consent required by law.
22. BUSINESS TRANSFERS AND CORPORATE CHANGESIf dSONIQ undergoes a merger, acquisition, reorganisation, financing, sale or transfer of all or part of its business, assets or intellectual property, personal data may be disclosed or transferred to relevant advisers, counterparties or successors where permitted by law.
Any recipient that becomes responsible for personal data will be required to process it in accordance with applicable data-protection law.
This provision does not permit personal data to be used for unrelated purposes without an appropriate legal basis.
23. LEGAL DISCLOSURESWe may preserve, use or disclose personal data where we reasonably believe this is necessary to:
- comply with applicable law or a binding legal process;
- respond to a lawful request from a court, regulatory authority or law-enforcement body;
- investigate fraud, abuse, security incidents or unlawful activity;
- enforce our agreements or protect our intellectual property;
- protect the rights, property, security or legitimate interests of dSONIQ, our users or third parties;
- establish, exercise or defend legal claims.
Any such processing will be limited to what is lawful and reasonably necessary in the circumstances.
24. CONTACTIf you have questions about this Privacy Policy, wish to exercise your data-protection rights or have concerns about the way we process personal data, please contact:
dSONIQ sp. z o.o. Adama Mickiewicza 37/58
01-625 Warsaw, Poland
KRS: 0001235228
NIP: 5253086313
Support and privacy requests:
www.dsoniq.com/support