Legal

User Privacy Notice

Privacy Notice

Last updated May 17, 2021

Thank you for choosing to be part of our community at Quiescent Ltd. (“Company“, “we“, “us“, “our“). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at info@quiescent.co.uk.

When you visit our website http://www.quiescent.co.uk (the “Website“), and more generally, use any of our services (the “Services“, which include the Website), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.

This privacy notice applies to all information collected through our Services (which, as described above, includes our Website), as well as, any related services, sales, marketing or events.

Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.

WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Website, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Website or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the Website, the choices you make and the products and features you use. The personal information we collect may include the following:

Personal Information Provided by You. We collect names; email addresses; and other similar information.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

HOW DO WE USE YOUR INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Website, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see “WHAT ARE YOUR PRIVACY RIGHTS?” below).

Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfil business obligations.

We may process or share your data that we hold based on the following legal basis:

Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.

Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfil the terms of our contract.

Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfil the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the Website within a secure environment.

DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Website, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at info@quiescent.co.uk.

WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions, such as the European Economic Area (EEA) and United Kingdom (UK), you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

If you have questions or comments about your privacy rights, you may email us at info@quiescent.co.uk.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:

CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

CCPA Privacy Notice

The California Code of Regulations defines a “resident” as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as “non-residents.”

If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months:

Category	Examples	Collected
A. Identifiers	Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name	NO
B. Personal information categories listed in the California Customer Records statute	Name, contact information, education, employment, employment history and financial information	YES
C. Protected classification characteristics under California or federal law	Gender and date of birth	NO
D. Commercial information	Transaction information, purchase history, financial details and payment information	NO
E. Biometric information	Fingerprints and voiceprints	NO
F. Internet or other similar network activity	Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements	NO
G. Geolocation data	Device location	NO
H. Audio, electronic, visual, thermal, olfactory, or similar information	Images and audio, video or call recordings created in connection with our business activities	NO
I. Professional or employment-related information	Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us	NO
J. Education Information	Student records and directory information	NO
K. Inferences drawn from other personal information	Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics	NO

We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:

Receiving help through our customer support channels;

Participation in customer surveys or contests; and

Facilitation in the delivery of our Services and to respond to your inquiries.

How do we use and share your personal information?

More information about our data collection and sharing practices can be found in this privacy notice.

You may contact us by email at info@quiescent.co.uk.

If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” of your personal data.

Quiescent Ltd. has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. Quiescent Ltd. will not sell personal information in the future belonging to website visitors, users and other consumers.

Your rights with respect to your personal data

Right to request deletion of the data – Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.

Right to be informed – Request to know

Depending on the circumstances, you have a right to know:

whether we collect and use your personal information;

the categories of personal information that we collect;

the purposes for which the collected personal information is used;

whether we sell your personal information to third parties;

the categories of personal information that we sold or disclosed for a business purpose;

the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and

the business or commercial purpose for collecting or selling personal information.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Warranty

WARRANTY

All Quiescent products have a 30-day money back guarantee in the event of faulty material and/or workmanship. During this time, you can return or exchange your purchase. In the event of a return, and the item is deemed to be defective due to poor workmanship or faulty material, Quiescent will provide you with a full refund. All returns or exchanges can be made within 30 days of receipt. As a condition of eligible returns, all returned products must be unused and please ensure the original packaging, warranty card and all other accessories are included and are undamaged.

If you have a problem with your product or you are not completely satisfied with your purchase please contact your dealer. Our products use highly specialised materials which require long burn-in periods so please be prepared to be patient.

WARRANTY PERIOD

Quiescent Ltd (now referred to as “Quiescent”) manufacturers and sells precision-engineered audio products which are designed to give many years of listening pleasure.

We provide warranty against faulty material and/or workmanship for the following Quiescent products from the date of receipt as follows:

Peak Speaker Connection System: 5 years
Peak Main Connection System: 5 years
Peak, Apex and Data cables: 5 years
T Series components: 2 years

WARRANTY COVERAGE AND LIMITATIONS

This warranty is transferrable in the event that you sell or otherwise transfer the Quiescent product(s) to another party/entity. In the event of transfer, the recipient of the Quiescent product(s) must register their ownership with Quiescent using this form and send to support@quiescent-technologies.com. By not doing so will void the warranty as stipulated herein.

This warranty does not cover any of the following:

Normal or fair wear and tear and/or any wear from environmental deterioration of the Quiescent product and/or its components;
Mechanical damage or derangement of the Quiescent product in transit that is not attributable to the fault of the Quiescent and/or agents acting on behalf of Quiescent;
Deterioration of any consumable components of the Quiescent product which would become worn or depleted through use (e.g. batteries);
Any Quiescent product whose serial number label(s) is/are missing, made illegible, defaced, altered, removed, or damaged;
Incorrect or unauthorised components which have been substituted and/or used with the Quiescent product;
Any Quiescent product and/or any of its components which have been installed, disassembled, repaired, converted, modified, tampered with or otherwise interfered with in any way by any person/entity other than an authorised representative of the Quiescent and its agents acting on behalf of Quiescent;
Any defects, malfunction, loss and/or damages caused by or resulting from any of the following:

Any of the circumstances set out in clauses 1 to 7 in this warranty;
Any accident or negligence not caused by the fault of Quiescent and/or agents acting on behalf of Quiescent;
Any improper installation or connection of the product (including without limitation any improper connection of the product to improper voltage or power source) not caused by the fault of any of the Quiescent and/or agents acting on behalf of Quiescent;
Any improper care, dropping, mishandling, misuse, abuse or unreasonable or improper use, operation or maintenance of the product;
Any operation of the product with any faulty, unsuitable or inappropriate apparatus and/or ancillary equipment ;

Any use of the product under abnormal or inappropriate voltage or power surges;
Failure to use, operate or maintain the product in accordance with the instructions set out in the relevant User Manual;
Exposure of the product to extreme temperature, heat, water or other liquids, insects, excessive moisture, sand, chemicals, battery leakage or any other contaminants;
Any force majeure events, including but not limited to any acts of God, fire, lightning, typhoon, storm, earthquake, hurricane, natural disaster, tsunami, flood, war, riot, public disturbance;
Any other causes beyond the reasonable control of either Quiescent and/or agents acting on behalf of Quiescent.

IMPORTANT

Warranty may vary according to the local legal requirements of the country concerned. Contact us at support@quiescent.co.uk for more details.

This warranty is in addition to, and in no way detracts from, your statutory rights as a consumer under any applicable laws governing this warranty.

If any provision of this warranty is unlawful, void or unenforceable under the applicable laws governing this warranty, that provision shall be deemed severable and shall not affect the validity of any of the remaining provisions.

CONDITIONS

Purchase Quiescent products only from Consultants authorised by Quiescent in their respective jurisdiction to sell genuine Quiescent products. You must not entrust repair work by unauthorised persons. The components necessary to maintain the original performance of the Quiescent products are available only through Quiescent. Warranty claims must be accompanied by proof of purchase and with the Quiescent warranty card. You should keep and show receipt or proof of purchase in the event that service of your product is required. Information such as the date of the original purchase, the name and model number of the product, and the details of the warranty claim are required to invoke a warranty claim.

Quiescent reserves the right to modify the terms and conditions of this warranty at any time and you agree to be bound by the current terms as defined at www.quiescent.co.uk.

LIABILITY

Other than the warranty and services set out in this warranty, to the fullest extent permitted by law, Quiescent or agents acting on behalf of Quiescent shall not be liable to you and/or any third party or entity whatsoever for:

any loss, damages and/or malfunction caused to any product(s) which is/are connected to any of the Quiescent products;
any damages, loss and liability (except for any personal injuries or death), whether direct, indirect, incidental, consequential special, punitive or otherwise, howsoever caused by, arising out of, or otherwise in relation to the installation, delivery, use, service, repair, replacement and/or maintenance of the Quiescent product or;
any damages, loss and liability (except for any personal injuries or death) under this warranty in respect of any act, omission, or negligence of any of their technicians, employees, agents, representatives or independent contractors relating to the actual or purported performance of any of the obligations under this warranty.

Without limiting the above, the maximum liability of the Quiescent and/or agents acting on behalf of Quiescent under this warranty shall not in any event or under any circumstances exceed the actual purchase price paid for the Quiescent product(s).

Terms & Conditions

TERMS OF USE

ACCEPTANCE OF TERMS OF USE

This page describes the terms of use (the “Terms of Use“) for using the quiescent.co.uk website and its associate domains or sub-domains (the “Website”). By using the Website operated by Quiescent Ltd (“Quiescent“ collectively known as “we”, “us” or “our”), you will be deemed to have acknowledged and agreed that the Terms of Use set out below are binding upon you. We may revise the Terms of Use periodically without prior notice. Once posted on the Website, the amended the Terms of Use shall apply to you. You are advised to visit this page periodically to review the latest Terms of Use.

These Terms of Use between us are only in the English language and are governed by the laws of England and Wales.

USE OF THE WEBSITE

The Website is provisioned as an information resource, but for no other purpose. Any other use of this Website, including, but not limited to, reproduction or any modification, distribution or republication, without the prior written permission of Quiescent, is strictly prohibited.

You may not violate or attempt to violate the security of the Website including, without limitation, accessing data not intended for you or logging into a server or account which you are not authorised to access, attempting to probe, scan or test the vulnerability of a system or network, attempting to breach security or authentication measures without proper authorisation, or attempting to interfere with service to any user, host or network. Violation of system or network security may result in civil or criminal liability.

You may not engage in sending spam, including but not limited to any form of unsolicited emails or messages.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

PRODUCT INFORMATION AND AVAILABILITY

Information contained on this Website is subject to change without notice. Quiescent shall not be bound by any errors or omissions in posting product information with respect to any products offered on the Website.

In the event a product is listed with information for any reason, we shall have the right to refuse or cancel any orders placed for products.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

The images of the products on the Website are for guide purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the products. Your products may vary slightly from images displayed on the Website.

The packaging of the products may vary from that shown on images on our site.

THIRD PARTY LINKS AND CONTENT

The Website may contain third-party content or links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Quiescent. Content from third party vendors is believed to be reliable but we do not endorse or guarantee the accuracy or completeness of this content.

PRIVACY POLICY

Your privacy is of paramount importance to us and we are governed by our privacy policy to protect our users (“Privacy Policy”). Our current Privacy Policy is incorporated herein by reference and made part of these Terms of Use.

COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website and your purchase of products or services. We may, at our sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. If we become aware of any potential or suspected violation of these Terms of Use, we may (but are not obliged to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms of Use or the Privacy Policy could be subject to criminal or civil penalties.

TERMINATION OF USAGE

We may block your email or IP address, terminate or suspend your access to or use of all or part of the Website, and remove any content within such services immediately for any reason without notice, for any conduct that we believe is disruptive to the Website or is in violation of any applicable law or these Terms of Use.

DISCLAIMER AND LIMITATION OF LIABILITY AS TO THIS SITE

While we endeavour to provide the most accurate, up-to-date information available, the directories and information on this Website may be out of date or include omissions, inaccuracies or other errors. The Website and the materials therein are provided “AS IS.” We make no representations or warranties, either express or implied, of any kind with respect to the Website, its operations, contents, information or materials.

You agree that we, our directors, officers, employees, agents, partners or other representatives shall not be liable for damages arising from the operation, content, or use of the Website. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages, damages for loss of profits, revenue, data and use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, and use of, the Website or any other hyper-linked website.

COPYRIGHT AND TRADEMARK

All content included on the Website, such as text, graphics, logos, images, video and audio clips, digital downloads and software (and the compilation of such content), is the property of Quiescent and are protected by copyright and trademark laws.

You may not, in whole or in part, use, transfer, download or otherwise reproduce any part of the Website without our prior written consent. Re-use of any of the foregoing is strictly prohibited.

All other trademarks not owned by us or our consultants that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.