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Last updated:  October 1, 2012

This Privacy Policy (the “Policy”) applies to all information learned about or obtained from you when you visit the  website (the “Site”), whether you access the Site through a personal computer, mobile device or any other technology. The Site is provided by SMS Audio, LLC (“SMS Audio”). If you visit or shop at the Site you accept this Policy and the Access Granted Terms of Use  so please read it carefully. We may modify the Policy from time to time, effective upon posting to the Site. Your access to or use of the Site at any time constitutes acceptance of the Policy in effect at that time. This Policy does not apply to information collected offline or other than through the Site.

The Site is not directed at children, and SMS Audio will not knowingly collect or maintain personally identifiable information from any child under the age of 13.

Collection of Personal Information
Information You Give Us: SMS Audio receives and stores any information you post on or provide through the Site or through any other means, for example when you respond to a SMS Audio request for information in connection with a contest or promotion or register for any current or future newsletter. This includes any personal information you provide, such as your name or email address. Of course, you can choose not to provide such information, but then you might not be able to access or use portions of the Site. SMS Audio may, but is not obligated to, retain the content of any e-mails you send or information you provide by any other means.
Automated Collection: SMS Audio automatically receives and stores certain types of information whenever you visit the Site, such as the name of the domain and host from which you access the Internet, the IP address of the computer you are using and the browser and operating system you are using; the date and time you access the Site, and the Internet address of the website from which you linked to the Site.  We use “cookies” to automatically gather some of this information. A cookie is a small text file that the Site sends to your computer to collect information about your activities on the Site. The cookie transmits this information back to the Site each time your browser requests a page from the Site, and the information is stored to help facilitate your use of the Site the next time you visit. You can set your browser to not accept cookies, but then you may not be able to access or use certain portions of the Site.
You may request that SMS Audio delete or modify your personally identifiable information, such as your name or e-mail address in accordance with our Correct/Update Procedure

Use of Personal Information
SMS Audio may share your personal information with any of its subsidiaries or affiliate companies including, without limitation, Kono Audio. SMS Audio, Kono Audio and such affiliates may use your personal information to:
•           Administer, maintain and improve the Site and its operation;
•           Verify your identity, respond to your requests and otherwise communicate with you;
•           Process sales and other transactions and customize shopping on the Site;
•           Comply with applicable laws, statutes and regulations;
•           Enforce the Terms, SMS Audio’s rights and the rights of others;
•           For other purposes disclosed at the time you provide your personal information; and
•           As specifically provided in the Terms and as you may otherwise agree.

Disclosure of Personal Information to Third Parties
SMS Audio does not share your personally identifiable information with third parties, except as described below and otherwise specified in this Policy:
•           With third parties that perform functions on SMS Audio’s behalf, such as maintaining and operating the Site, fulfilling orders, processing payments and providing customer service. SMS Audio does not authorize such third parties to use your information for other purposes;
•           As SMS Audio believes necessary to comply with laws, statutes or regulations and/or to enforce this Policy and the Terms and to protect our rights and the rights of others;
•           As required by a court or government agency or to respond to a claim by you or a third party;
•           As part of a transfer of business assets, for example in the event of a bankruptcy, merger, acquisition, sale, transfer of control, joint venture or other business combination or corporate change involving SMS Audio or its parent and affiliates; and
•           As you otherwise agree.

Subpoenas SMS Audio may respond to any subpoena received from a government agency without prior notice to you. Unless prohibited by law or by a court order, SMS Audio will use reasonable efforts to notify you of any subpoena received from any other party (e.g., for civil litigation) which requires SMS Audio to disclose your identity and will wait ten (10) days, or a lesser amount of time as required by the deadline in the subpoena before providing the requested information.

Correction/Update Procedure
If you want to view, delete or modify your personal information, you may do so by:
•           Sending an email to: ; or
•           By mail to the following address:
Correct/Update Personal Information –
SMS Audio, LLC
2885 South Congress Ave., Suite D
Delray Beach, FL, 33445
You may also choose to opt-out of receiving any current or future newsletter or other emails by using the unsubscribe button at the bottom of any such emails and newsletter, or by contacting us as provided above.

SMS Audio reserves the right to verify the identity of any person making such a request; provided, however, that SMS Audio shall have no liability of any kind resulting from false or erroneous requests or any change or deletion made by SMS Audio for any reason. Personal information collected and transferred to back-up or archival storage may be retained indefinitely. SMS Audio may also retain unmodified information as necessary for business records and as required under applicable law.

The Site may contain links to other websites. SMS Audio has no control over and makes no representations whatsoever regarding such other websites or the products and services offered by or through websites accessed through links on the Site, even those with which SMS Audio may have an affiliation, such as If you decide to access third party sites linked through the Site you do so at your own risk and you should carefully review the privacy policy and terms of any such site.

SMS Audio has reasonable security measures in place to protect against the loss, misuse or alteration of information under its control. While SMS Audio strives to protect your personal information, it cannot ensure, and does not warrant, the security of any information or data. Communication via the Internet is not failsafe and there is always a possibility that data may be lost, or intercepted by unauthorized parties, during transmission or after receipt. You agree that SMS Audio shall have no liability whatsoever in connection with any lost or intercepted data or information.

Conditions of Use
Your access and use of the Site is subject to this Policy and the Terms and , including limitations on damages and the applicability of the law of the State of New York and resolution of disputes through binding arbitration.

If you have questions about this Policy, the Terms or the Site or its content, please contact us:
c/o SMS Audio, LLC
2885 South Congress Ave., Suite D
Delray Beach, FL, 33445
Phone:  (561) 278-2323
Facsimile:  (561) 278-2326

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