Personal Data Protection Policy

1. Scope and purpose

The Focal and Naim brands (collectively referred to as the “Brands,” “we,” “our,” or “us”) have joined forces to create the “Focal Powered by Naim,” “Focal,” and “Naim” websites (hereinafter referred to as the “Sites”) to best showcase the world of their products.
This Personal Data Protection Policy (hereinafter referred to as the “Policy”) describes the framework within which the Brands collect, use, store, and share information gathered from users of the Sites (hereinafter referred to as the “Users,” “User,” “you,” or “your”).
You will also find our contact details should you wish to send us any questions and/or exercise the rights available to you under the applicable European data protection regulations.
The Brands pay particular attention to the protection of Users’ personal data.
By using the Sites or providing information through them, the User acknowledges having been informed of this Policy and agrees to its terms.

2. Information and Data collected

Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as “Data”). Data includes, for example, your name, address, or telephone number.

As part of our business activities, we may collect certain Data from Users, either directly or indirectly. Such Data depends on how the Site is used, the information provided, interactions with our communications, and, where applicable, the choices made regarding cookies and other tracking technologies.

We collect three types of information: (1) Data provided directly by the User; (2) information collected automatically; and (3) information collected from other sources.

(1) Data provided directly by the User

The Data that we may collect and process when you use the Sites includes:

- For newsletter subscription: email address, first name, last name, and country;

- For managing your marketing preferences and monitoring your interactions with our communications: email address, stated preferences, data relating to email opens, clicks, unsubscribes, and other interactions with our communications, where such data is available;

- For account creation: email address, first name, last name, and country;

- In your account area, you may provide personal information, including: first name, last name, date of birth, email address, telephone number, city, postal code, and country;

- In your account area, you may also register your purchase in order to obtain an extended warranty certificate for eligible products. For this purpose, you may provide your purchase invoice, which includes, at a minimum, your first name, last name, address, and the place of purchase of the product;

- Through the various contact forms, depending on your request, you may be required to provide your first name, last name, email address, postal address, and telephone number;

- To use the Store Locator, you may be required to provide your geolocation data.

(2) Information collected automatically when using the Site

When a User visits the Sites for informational purposes or interacts with their features, the Brands automatically collect certain information. Various technologies are used, including cookies, SDKs, pixels, technical logs, and similar tools. For more information, please refer to the Cookies policy.

Information collected automatically may include, in particular: the date and time of the visit, the country from which the Site is accessed, the content of the request (specific page), the access status/HTTP status code, the volume of data transmitted, the website from which the request originated, the browser used, the operating system, the browser software language and version, the state or country of connection, the characteristics of the hardware or software used, referring and exit URLs, the pages viewed and the order in which they are viewed, the time spent on certain pages, as well as certain online identifiers or browsing events collected through cookies or other tracking technologies. Where the User has provided consent and where technical matching is possible, some of this information may be linked to a customer account, a marketing identifier, or CRM/CDP tools in order to personalize communications or improve understanding of the user journey.

This information is not systematically anonymized. Where it can be linked, directly or indirectly, to a User, a customer account, or an online identifier, it is processed as personal data. Only information that has been effectively and irreversibly anonymized ceases to be considered personal data.

(3) Information collected from other sources

The Brands may receive information through other sources, such as business partners, technical service providers, marketing services, CRM/CDP tools, social networking services, or other third parties.

For example, where the Site is accessed through another website, application, social media platform, marketing campaign, or third-party service, the Brands may receive information from that third party. The Brands may also, where permitted, combine certain information from their customer relationship management or marketing tools with data collected through the Sites.

Where such information can be linked to an identified or identifiable User, a customer account, or a marketing identifier, it is processed as personal data.

Anonymization of Certain Information: Certain information may be anonymized so that it can no longer reasonably be used to identify the User or their device. The Brands may also collect information that has already been anonymized. This Policy does not apply to information that has been irreversibly anonymized. However, pseudonymized data, reversibly aggregated data, or data that can be linked back to a User remain subject to this Policy.

3. Legal basis and purposes of data collection

The Brands collect and use Data on the basis of one or more of the following legal grounds, depending on the circumstances:

- Prior consent: in particular for the sending of certain marketing communications, for the personalization of such communications where the processing is based on consent, and for the use of cookies or other tracking technologies that require consent. In such cases, the User has the right to withdraw their consent at any time.

- Contractual basis: where the processing is necessary for the performance of a contract between the Brands and the User, notably for the creation and management of a customer account, the registration of purchases and, where applicable, the issuance of an extended warranty certificate.

- Legitimate interest: where applicable, to ensure the security, proper functioning and improvement of the Sites, manage relationships with Users, prevent fraud, or defend the Brands’ rights, provided that such interests do not override the rights and freedoms of Users.

The collection and processing of Data serve various purposes, including primarily:

- managing Users’ customer accounts and the services associated with them;

- issuing an extended warranty certificate, where applicable, and managing purchase registrations;

- responding to a User’s questions, requests, and suggestions; sending news, offers, and commercial communications, including personalized communications; and combining certain browsing data with customer account information or CRM/CDP tools where permitted and, where required, after obtaining the necessary consent.

4. Personalization of Communications and Profiling

Where the User has agreed to receive marketing communications, the Brands may tailor the content of such communications to the User’s interests and journey with the Brands. This personalization may be based on information associated with the customer account, purchase history or product registration history, interactions with communications sent to the User (such as opens, clicks, or stated preferences), and, where the User has consented through the relevant cookies or other tracking technologies, certain browsing data collected on the Sites.
Such personalization may involve automated processing activities that qualify as profiling.
The User may withdraw their consent at any time where processing is based on consent and may object to the use of their data for direct marketing purposes, including profiling to the extent that it is related to such marketing activities.

5. Data Protection

The Brands implement appropriate technical and organizational measures to protect Data against unauthorized or unlawful processing and against accidental loss, destruction, or damage, in compliance with applicable laws and regulations.

6. Data storage

Users’ Data are stored on:

This Site is hosted on Amazon Web Services (AWS) infrastructure, in a data center located in France. AWS is a company of the Amazon Web Services Inc. group, whose registered office is located at 410 Terry Avenue North, P.O. Box 81226, Seattle, WA 98108-1226, USA – (206) 266-1000.

The platform on which the data are stored ensures an optimal level of Data protection, in compliance with applicable laws and regulations.

7. Recipients and Transfer of Data

Certain Data may be disclosed to third parties, within the limits permitted by law or pursuant to a decision issued by a judicial or administrative authority.
Certain Data may also be disclosed, subject to the User’s consent, in particular to dealers or distributors worldwide.
Data are generally stored and processed within the European Economic Area (EEA). Where Data are transferred outside the EEA, such transfers are carried out in compliance with the applicable data protection regulations, including through the implementation of appropriate safeguards as provided for under the GDPR.
The laws of the countries to which your Data may be transferred may not provide the same level of protection as those within the EEA. In such cases, the Brands implement appropriate safeguards, including contractual measures, and take all necessary steps to ensure an adequate level of protection for the transferred Data.
Where Data are shared with a third party, the Brands take all reasonable measures to ensure that such third party complies with its obligations regarding confidentiality, security, and the protection of personal data.

8. Data Retention Period

The Brands retain Data for no longer than is necessary for the purposes for which it is processed.
Data relating to customer accounts are retained for the duration of the account's existence and thereafter for the period necessary to comply with legal, accounting, evidentiary, or litigation-related obligations.
Data used for direct marketing purposes are retained until consent is withdrawn, the right to object is exercised, or, in the absence of any interaction, for a period consistent with applicable legal requirements and recommendations.
Browsing data collected through cookies or other tracking technologies are retained in accordance with the retention periods or criteria set out in the Cookie Policy.

9. User rights

The User has the right to access their Data. The processed Data may be provided to the User in a structured, commonly used, and machine-readable format.

The User has the right to rectify their Data. Users are encouraged to update their Data regularly.
The User also has the right to request the erasure of their Data. However, the Brands may decide to retain certain Data where required to do so in accordance with applicable laws and regulations.
Where the User does not wish to request the erasure of their Data, they may request that the processing of their Data be restricted.
The User may, at any time and on grounds relating to their particular situation, object to the processing of their Data where such processing is based on legitimate interests.
In addition, the User has the right to object at any time to the processing of their Data for direct marketing purposes, including profiling to the extent that it is related to such marketing activities.
Certain Data processing activities are based on the User’s consent. The User has the right to withdraw their consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. It shall be as easy to withdraw consent as it is to give it.

A User wishing to exercise one or more of these rights may do so by:

- Sending an email to: [email protected] ;

- Sending a letter to:

Vervent Audio Group

For the attention of the Data Protection Officer (DPO)

108, rue de l'Avenir

42350 La Talaudière

And :

- Providing information enabling the Brands to identify them (first name, last name, telephone number, invoice/order number);

- Attaching proof of identity (a copy of an identity document); and

- Specifying which right they wish to exercise.

Users may also lodge a complaint with the French Data Protection Authority (CNIL) if they believe they are unable to exercise their rights, by following this link.

10. Identity and Contact Details of the Data Controller

Vervent Audio Group, a simplified joint-stock company (société par actions simplifiée unipersonnelle) with a share capital of €32,422,660, registered with the Saint-Étienne Trade and Companies Register under number 801 358 235, whose registered office is located at, 108 rue de l’Avenir, 42350 La Talaudière.

11. Third-party services

The Sites enable Users to access applications and links to services operated by third parties. Such services fall outside the scope of this Policy.
Users acknowledge and agree that the Brands are not responsible for these third-party services.

12. Changes to the Policy

The content of this Policy may be amended from time to time at the discretion of the Brands. The date of the latest update will be indicated at the top of the Policy. Users are therefore encouraged to review this page regularly.

13. Governing Law and Jurisdiction

This Policy shall be governed by and construed in accordance with the laws of France, excluding its conflict of laws rules.
In the event of any dispute, controversy, or claim arising out of or in connection with this Policy, including regarding its validity, nullity, breach, or termination, you may have recourse to a mediation procedure or any other alternative dispute resolution mechanism.
Any dispute relating in particular to the validity, interpretation, or performance of this Policy shall be submitted to the exclusive jurisdiction of the competent courts.