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Privacy Policy for EEA Users

Last updated: August 13, 2021

      Vesync Corporation, located at 1202 North Miller Street, Suite A, Anaheim, CA 92806, United States of America, its subsidiaries and/or affiliates ("Vesync", "we", "us", or "our"), know the importance of privacy to our customers, and we strive to be clear about how we collect, use, disclose, transfer, and store your personal information.
    

1.Important information and who we are

Purpose of this privacy policy This privacy policy aims to give you information on how Vesync collects and processes your personal data through your use of this website (including any data you may provide through this website when you sign up to our newsletter, purchase a product or service, take part in a competition. This privacy policy also explains how we process personal data which is obtained when you make a purchase from a third party selling platform such as Amazon. It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them. For our Vesync app privacy policy please see the following link here. Controller Vesync is made up of different legal entities. This privacy policy is issued on behalf of the Vesync. We will let you know which entity will be the controller for your data when you purchase a product or service with us Vesync is the controller and responsible for this website. Where applicable, the designated representative for Vesync entities established in the EU is Vesync GmbH, located in Vossbarg 1, 25524 Itzehoe, Germany]. Contact details If you have any questions about this privacy policy or our privacy practices, please contact us in the following ways: Contact details: Address: Vossbarg 1, 25524 Itzehoe, Germany Email address: privacy@Vesync.com You have the right to make a complaint at any time to relevant supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the authority so please contact us in the first instance. Changes to the privacy policy and your duty to inform us of changes We keep our privacy policy under regular review. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. Third-party links Our Privacy Policy does not apply to products and services offered by third parties. Our products and services may include third-party products, services, and links to third-party websites. When you use such products or services, they may collect your information. For this reason, we strongly suggest that you read the third party’s Privacy Policy, just as you have taken the time to read ours. We are not responsible for, and cannot control, how third parties use personal information which they collect from you. Our Privacy Policy does not apply to other sites linked from our services.

2.The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows: Identity Data includes first name, last name, username or similar identifier, marital status, and title. Contact Data includes name, and email address. Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website. Profile Data includes content of posted reviews, complaints and/or advice, and any messages sent to us. Usage Data includes information about how you use our website, products and services, content of posted reviews, complaints and/or advice, and any messages sent to us. Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. We do not provide services for purchase by children. If you are under 18, you may use Vesync’s services only with the involvement of a parent or guardian. We do not knowingly collect personal information from children under the age of 13 without the consent of the child's parent or guardian. Should a parent or guardian have reasons to believe that a minor has provided Vesync with personal information without their prior consent, please contact us to ensure that the personal information is removed and the minor unsubscribes from any of the applicable services. If you fail to provide personal data Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3.How is your personal data collected?

We use different methods to collect data from and about you including through: Direct interactions. You may give us your Identity Data, and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you: apply for our products or services; create an account on our website; subscribe to our service or publications; request marketing to be sent to you; enter a competition, promotion or survey; or give us feedback or contact us. Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details. Third parties or publicly available sources. We will receive personal data about you from various third parties.

4.How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances: Where we need to perform the contract we are about to enter into or have entered into with you. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us. Where we need to comply with a legal obligation. Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us. Purposes for which we will use your personal data We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Marketing We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising: Promotional offers from us We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and you have not opted out of receiving that marketing. Third-party marketing We will get your express opt-in consent before we share your personal data with any third party for marketing purposes. Opting out You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions. Cookies Cookies are small text files that are placed on your computer by websites that you visit. Websites use cookies to help users navigate efficiently and perform certain functions. For more information about the cookies we use, please see here. Change of purpose We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5.Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table above. Internal Third Parties - Your information may be shared among Vesync affiliates for the purposes described in this Privacy Policy. The term “affiliates” refers to companies related to Vesync Corporation by common ownership or control. External Third Parties - In certain situations, the third party may sell items or provide services to you through our services (either alone or jointly with us). Examples include sending email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes. We will disclose your personal information to that third party only to the extent that it is related to such transactions or services, and in compliance with data protection laws. Specific third parties with your consent - Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information. For example, if you want to use Amazon’s Alexa, we may notify you before sharing your data with Amazon. Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

6.International transfers

We share your personal data within the Vesync Group. Where personal data originated in the EEA, this will involve transferring your data outside the European Economic Area (EEA). Many of our external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer personal information to countries outside of the European Economic Area, we will ensure that the information is transferred in accordance with this Privacy Notice and as permitted by the applicable laws on data protection. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring appropriate safeguards are implemented in the form of specific contracts approved by the European Commission. Please contact us if you want further information on the transfer of personal data out of the EEA.

7.Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8.Data retention

How long will you use my personal data for? We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9.Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data: Request access to your personal data (commonly known as a "data subject access request") - This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. Request correction of your personal data - This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. Request erasure of your personal data - This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. Object to processing of your personal data - where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. Request restriction of processing your personal data - This enables you to ask us to suspend the processing of your personal data in the following scenarios: oIf you want us to establish the data's accuracy. oWhere our use of the data is unlawful but you do not want us to erase it. oWhere you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims. You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. Request transfer of your personal data - We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. Right to withdraw consent - where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent If you wish to exercise any of the rights set out above, please contact us. No fee usually required You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. What we may need from you We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. Time limit to respond We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
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