Last updated: November 25, 2020

        
1. Introduction

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") provides mobile applications to connect and control various home and residential building smart devices and systems.  Vesync mobile applications for smart home devices enable features such as:

· Remote control of devices and systems by any Internet-connected device

· Creation and implementation of custom schedules and timers

· Promoting savings on energy costs by monitoring energy usage

We know the importance of privacy to our users, and we strive to be clear about how we collect, use, disclose, transfer, and store your personal information.  Consequently, we have written this privacy policy to describe our privacy practices. If you are located in a member state of the European Economic Area(“EEA”), you may have different rights stated here.

This policy applies to information we collect:

· On our websites at vesync.com.

· When we use phone, email, postal mail, text messages, or other forms of electronic communication to communicate with you.

· When you access and post information on our social media sites.

Vesync has social media accounts on including but not limited LinkedIn, Facebook, and Twitter .  This policy appears on our website and is referenced in our social media profiles.

2. Product Partners

Vesync works together and has a business partnership with various product partners who manufacture Vesync-compatible smart devices.  Product partners include Etekcity Corporation and Arovast Corporation.  Vesync’s mobile applications control and manage these smart devices.  These product partners are affiliates of Vesync, and as such, they collaborate with Vesync.  In specific, Vesync manages online accounts or the mobile applications allowing users to view and manage the personal information collected from product partners’ smart devices.  Product partners have arranged for Vesync to collect and maintain such personal information, and users can view and manage the personal information from their mobile devices using a Vesync mobile application.  Please refer to the product partners’ privacy policies if you have questions about how they collect, use, disclose, protect, and manage your personal information in connection with your purchase of products from them.  Vesync has agreed with its product partners to meet the standards of their privacy policies for the personal information we collect and maintain in connection with the use of product partners’ smart devices.

Although Vesync’s mobile application allows users to purchase products, Vesync also works with retailers.  For example, Vesync has affiliate marketing relationships with retailers such as Amazon and Etekcity Corporation for the purchase of products listed on Vesync’s website.  They have their own privacy policies.  Please refer to retailers’ privacy policies if you have questions about how they collect, use, disclose, protect, and manage your personal information.

3. Use by Children

a. Marketing and Sales to Adults

We provide our mobile applications to and manage online accounts for adults 18 years and older.  We do not market or sell products or services to children or knowingly collect personal information from children for purposes of marketing or sales.  If you believe that we have unknowingly collected information about a minor in connection with our marketing or sales operations, please write to us using one of the methods in Section 11 (Contacting Us) below in order for us to delete it.

b. Personal Information of Children Collected in Connection with the Use of Smart Devices

Although we provide our mobile applications and managed online services to adults, we recognize that family and household members of purchasers using our product partners’ smart devices may be children.  Online accounts maintained by Vesync used by adult purchasers of smart devices to review personal information collected via these products may include personal information of purchasers’ family and household members who are children.

We are committed to using special safeguards to the protecting the privacy of personal information collected about children.  While all Vesync accounts must be controlled by adults using a Vesync mobile application, parents or guardians of a child may allow the child to use product partners’ smart scale and other fitness products and configure their Vesync accounts to track fitness data about the child.  Parents or guardians may also add a child’s name, weight, age, and birthday into their Vesync accounts used with smart scale and other fitness products.  Note that we do not ask a child to supply any information to us directly.  Rather, a parent or guardian consents to the collection of personal information and may supply some personal information about a child.  After that, a smart scale or other fitness product’s sensors collect personal data from the child in connection with the child’s use of the product.

This section describes the following aspects of personal information collected from children in connection with the use of a Vesync app to manage product partners’ smart devices and the personal information associated with them:

· The types of personal information collected

· How Vesync collects that personal information

· Uses of the collected personal information

· The disclosure and sharing of personal information with third parties and the role of third parties in maintaining the personal information

· A description of the rights of parents and guardians with respect to personal information collected from their children

· How parents and guardians can exercise their rights

i. Types of Personal Information Collected from Children

Our product partners’ smart devices may collect personal information, such as weight, blood pressure, and fitness information, when children use them.  Vesync online accounts may include a child’s name associated with personal information collected by smart devices.

ii. How Product Partners and Vesync Collect Personal Information from Children

Our product partners’ smart devices that collect personal information use sensors to collect the information.  When children are using these smart devices, Vesync receives, stores, and maintains their personal information.  Users may view and manage the collected personal information using a Vesync online account accessed via a Vesync mobile application.

Vesync may also collect personal information about children (such as the child’s name) when parents or guardians provide us the information using their online accounts accessed via a Vesync mobile application.

Vesync will obtain verifiable consent before collecting personal information about children.  For instance, when a parent or guardian adds a child to an online account, the parent or guardian must consent to the collection of personal information about the child.  A parent or guardian must review the Notice and Consent to Vesync’s Collection, Use, and Disclosure of Your Child’s Information before Vesync will obtain personal information about a child.

iii. Uses of Personal Information Collected from Children

Vesync uses personal information we collect from children for the purpose of providing, maintaining, and supporting its services to allow users to view and manage the collected personal information using a Vesync online account.

iv. Third Party Disclosure, Sharing, and Maintenance

Our policies and practices concerning third party personal information sharing, disclosure, and maintenance are described below in Section 6.

v. Retention of Children’s Personal Information

Our policies and practices concerning retention of personal information are described below in Section 5(e).

vi. Parents’ and Guardians’ Rights with Respect to Their Children’s Personal Information

Parents and guardians have the following rights under this policy with respect to their children’s personal information:

· Parents and guardians are entitled to view, correct, or update the personal information of their children, except as noted below.

· Although we do not sell or share personal information of children or any other users in the ordinary course of business, as described in more detail in Section 6, a parent or guardian is entitled to opt out of further personal information collection, maintenance by third parties, or sharing outside the ordinary course of business by deleting information about the child, as described in Section 3(b)(vii).

· Parents and guardians are entitled to delete personal information about a child as described in Section 3(b)(vii).

If you revoke permission to collect a child’s data or delete a child’s data, your child will not be able to use the functionality of our product partners’ smart devices.

Please keep in mind that in unusual circumstances we may have a legal right or obligation to preserve a child’s personal information as it currently exists.  If we do not amend or delete personal information about your child upon your request, we will communicate with you concerning the reason.

vii. How Parents and Guardians Can Exercise Their Rights

If you are a parent or guardian and would like to exercise any of the rights described in Section 3(b)(vii), as a Vesync mobile application user, you have the ability to log into a Vesync mobile application and make corrections to or delete the personal information about your children in your account profile.  Alternatively, or if you need assistance, please contact us by one if the means described in Section 11, and someone on our support team will assist you correct, update, or delete your child’s personal information.

When a parent or guardian seeks to exercise any of the rights in Section 3(b)(vi), we will verify the identity of the parent or guardian.  See Section 9(b) for identity verification details.

c. Other Collection of Personal Information from Children

Except as noted above in this Section 3, we do not provide applications, services, or products to children, and we do not knowingly collect personal information from children.

Should a parent or guardian have reasons to believe that a minor has provided Vesync with personal information without prior consent or that we have collected personal information about a minor in a way not permitted in this Section 3, please contact us to ensure that the personal information is removed using the contact information in Section 11.  Also, please contact us if you have any questions or concerns about our collection and management of children’s personal information.

4. Personal Information We Collect

Vesync collects information from those who communicate with us, website visitors, and from website visitors that purchase products from us.  Vesync also collects information from its social media pages.

a. Information Collected By Communications

We may collect information from individuals that submit information to us using phone, email, and postal mail, including name, phone number, email address, postal address, and voice or message content.

The Vesync.com website’s web form collects name, email address, subject, and your message.

b. Information Collected by Website Visitors

Vesync collects some categories of information from website visitors automatically, as described in this section.

i. Information Collected from Visitors In General

We may collect the following information about website visitors (on an aggregate or individual basis):

· Visitors’ Internet protocol (IP) addresses

· Locations of visitors

· The MAC address of visitors’ devices

· Web browser users are using

· Operating systems used by visitors

· Key words or search terms used by visitors to find our website

· How many visitors view the website or specific pages on it

· Internet activity information showing how visitors view and use our website, including a history of what pages and products they browse, the search terms they put into the website, and what they click on

We maintain records of those interested in our company who use the live chat feature on the website to communicate with us.

We use Google Analytics, which is a service of Google LLC. Google Analytics allows us to gather the above information about our website’s users.

c. Information Collected from Users and User Devices

i. Information Collected in Connection with Purchases

When you obtain a Vesync mobile application, before you can operate the application, we collect the information about your device (which is not personal information):

· Mobile phone operating system

· Mobile phone brand

· Version of the Vesync app downloaded

· Device setting for time zone

· Timestamp of the date and time of the download

· Security token and Session ID data for authentication purposes

When you purchase products using the Vesync mobile application, we ask users to provide the following categories of personal information for their account profile associated with the Vesync mobile application:

· First and last name

· Mobile number

· Email address

· A user-selected password

· Postal address (shipping and billing)

· Payment information

· Date of birth

We maintain a purchase history of the products you have purchased using the Vesync mobile application.

Our electronic commerce site collects payment card or banking information to complete product purchases.  Nonetheless, payments are processed by or payment service providers, PayPal and Stripe.  Accordingly, we do not have access to your payment card information.

When creating a profile, we may also ask if you would like to receive our newsletter and other marketing communications.  If you check the box to receive such communications, we use the email address in your user profile to send these communications.

ii. User Data

Our product partners’ smart devices collect information through sensors and also via users’ inputting data.  Some smart devices collect information that is not personal information.  For instance, temperature sensors measure surface temperatures of objects and materials.  Other smart devices collect personal information, such as weight, blood pressure, and fitness information.  For some devices, like scales and cookers, our applications may collect your personal information, such as your gender, weight, height, birthday, BMI (Body Mass Index), food, and nutritional ingredients to provide full features of our services.  When sensors collect personal information, Vesync receives, stores, and maintains the information.  Users may view and manage the collected personal information using a Vesync online account accessible through a Vesync mobile application.

We may periodically send promotional emails about new products, special offers or other information that we think you may find interesting using the email address which you have provided.  Upon registering you can select whether or not you will receive such communications, and can change your preference at any time.  Nonetheless, if you opt out of such communications, we will still communicate with you regarding your orders, for account administration, for customer support purposes, or for security purposes.

When you seek support from us, when you contact us, or when you use Vesync mobile application, we may collect your IP address, your location information, such as longitude and latitude, time zone settings, region, country, etc..  We also collect information about the history of operation of the Vesync-compatible devices you purchase, including errors, history of logging in, your schedule settings, and input records.  We may also collect technical information to help us identify your device for diagnostic purposes and fraud prevention.

We may also collect other personal information when you use a device or our services in ways that we describe at the point of collection or otherwise with your separate consent when required, such as environmental characteristics value (ECV).

d. Information Collected By Our Social Media Pages

When you post information on our social media pages on one of the social media platforms, we will be able to view the content in your post (e.g., text, photo, audio, or video).  We will also be able to view your user name and information that you record on your profile on that platform.

5. Personal Information Uses

We may use any anonymized or aggregated data that incorporates or is derived from your personal information (which is not itself personal information) after you update or delete it; however, we will not do so in a way that identifies you personally.  Otherwise, this section describes the uses for the personal information we collect.

a. Uses of Information Collected By Communications

We use personal information in your communications to communicate with you and respond to your requests, comments, or questions.

b. Uses of Information Collected by Website Visitors

We use information collected from website visitors to:

· Improve our website quality, reliability, and responsiveness

· Improve users’ experience using the website

· Identify problems with our website

· Understand our users’ preferences

c. Uses of Information Collected from Users and User Devices

i. Uses of Information Collected in Connection with Obtaining Applications

As described in Section 4(c)(i) above, Vesync collects device information (not personal information) to provide you with the Vesync mobile application and provide you with customer support.

We use contact information and payment information you provide on our mobile application to provide you the products you order, obtain payment for our products, and provide customer support.  For the account associated with the mobile application, we use your email address and password to provide and control access to your account.

Regarding purchases made with Vesync’s mobile application, Vesync collects contact information and payment information you provide to provide you the applications you order, obtain payment for our applications or services, and provide customer support.  For application account information, we use your email address and password to provide and control access to your online applications and account.

Our support team may assist you by resetting your password or updating your profile information.

If you have opted to receive our newsletter and other periodic email communications, we will send you our newsletter and other marketing communications.  Also, we track purchase and application download history to understand our users’ preferences, plan for future sales, and understand overall demand for our products.

ii. Uses of User Data

We collect device data to register your device for our services, to provide Vesync’s services, and for internal purposes such as auditing, data analysis, loss prevention, and fraud prevention.  We also use device data to provide, maintain, develop, operate, deliver, and improve our products and services provided to you.  We access user data collected by Vesync-compatible devices only on a “need to know” basis, for instance to respond to your support requests or to respond to a security incident.

When a user obtains support from us, we may use your Internet Protocol (IP) address in order to determine whether your smart device is functioning properly and to provide user support.  Likewise, we use your location information, such as longitude and latitude, time zone settings, region, country, etc., as well as the history of operation of the Vesync-compatible smart devices you purchase, including errors, history of logging in, your schedule settings, and input records, for purposes of user support.  We may also collect technical information to help us identify your device for diagnostic purposes and fraud prevention.

d. Uses of Information Collected By Our Social Media Pages

We use the information you post on our social media pages and your profile information to understand the preferences of our users related to our current and future services and product lines.  We also analyze feedback on the quality of our applications and related services to improve our applications and services.  We are also interested in requests for future applications and services.

e. Retention of Personal Information

We will maintain your personal information only as long as it is needed for the purposes described above in this Section 5, such as to complete transactions with you, to complete any applicable investigations, for the duration of any dispute resolution process, or to the extent required to meet preservation requirements under applicable law.  Etekcity and Vesync may continue to maintain your personal information for the reasons described in Section 7(a)(ii)(2) below.

You may delete your Vesync online account at any time.  After you delete your online account, Vesync will delete the personal information stored in it, including any stored payment information or personal information collected by product partners’ smart devices.

6. Personal Information Sharing and Disclosures

Vesync may share your personal information with affiliates, vendors, or outsource service providers that help us provide products and services to our users, or that assist with support functions such as marketing, billing, payment card processing, and data analysis.  We will require any such vendors or service providers to manage your personal information with privacy and security safeguards consistent with this privacy policy.

For smart devices that interoperate with other devices and systems, 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.

From time to time, we may be required to respond to a subpoena, court order, search warrant, administrative or judicial process, requests by law enforcement agencies, or other requests that we must respond to under applicable law. We may disclose your personal information in response to any of these requirements. Also, we may disclose your personal information to preserve the security of our mobile applications, website, or social media accounts; resolve dispute;, or to assess any possible wrongdoing.

We also may share aggregate or anonymous information collected about website or social media usage, as long as the information does not identify any specific individuals.  We may share or transfer personal information about you in connection with a merger, acquisition, reorganization, or sale of assets of our business, in the event of bankruptcy, or during the negotiations leading to such an event.  We will seek assurances from any buyer that your personal information will be used, shared, maintained, and disclosed consistent with the terms of this privacy policy.

Except as noted above, we will not sell, distribute, transfer, or lease your personal information to third parties.

7. Notice to California Residents

a. Disclosures Under the California Consumer Privacy Act (CCPA)

i. Categories of Personal Information and Uses

The table below summarizes the categories of personal information we collect from California residents, and the business and commercial purposes for which the categories of personal information will be used and may have been used in the last 12 months.  We may have collected any or all of these categories of personal information in the last 12 months.  As noted above, we do not sell personal information in the ordinary course of business.  In addition, we have not made any sales of personal information in the past 12 months.
      

If we collect your personal information for purposes covered in this policy and seek to use the personal information for a different purpose not covered by this policy, we will notify you and, where required, seek additional consent to use personal information for the other purpose.

i. Individual Rights Under the CCPA

1. Right of Access and Data Portability

Upon request, we will tell a California resident the categories and specific pieces of personal information we have collected about that resident in the previous 12 months.  In addition, upon request, we will disclose to a California resident:

· The categories of personal information we have collected about that California resident.

· The categories of sources from which the personal information is collected.

· The business or commercial purpose for collecting that California resident’s personal information.

· The categories of third parties with whom we share personal information.

· The specific pieces of personal information we have collected about that California resident (subject to limits under applicable law)

The identity of any person making such a request must be verified as a condition of providing the requested information.  See Section 9(b) (Identity Verification).

2. Right of Deletion

You have the right to request that we delete any of your personal information that we collected from you and retained by us, subject to certain conditions and exceptions under the law.  For instance, we have the right to retain personal information needed to:

· Complete the transaction for which the personal information was collected, provide a good or service requested by the California resident, or reasonably anticipated within the context of our ongoing business relationship with the California resident, or otherwise perform a contract between our business and the California resident.

· Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.

· Conduct solely internal uses that are reasonably aligned with the expectations of the California resident based on the California resident’s relationship with us.

· Comply with a legal obligation.

· Use the personal information internally, in a lawful manner that is compatible with the context in which the California resident provided it.

The identity of any person making such a request must be verified as a condition of deleting the personal information as requested.  See Section 9(b) (Identity Verification).

3. How to Exercise Rights of Access, Portability, or Deletion

If you wish to contact us about any of your rights as set out in this Section 7(a)(ii), all such requests should be submitted to us using the contact information in Section 11.  We will use the procedures in Section 9(b) (Identity Verification) to verify the identity of the California resident or authorized agent.

4. Policy Against Discrimination

Vesync will not discriminate against individual California residents for exercising any of their rights under the CCPA, including by:

· Denying goods or services to the California resident;

· Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;

· Providing a different level or quality of goods or services; or

· Suggesting that the California resident will receive a different price or rate for goods or services or a different level or quality of goods or services.

a. Notice to California Residents Regarding “Do Not Track” Settings

Under California law, online service providers must say in their privacy policies how they respond to “do not track” settings that users can set in their browser software.  Currently, there is no standard governing what, if anything, a website operator should do when receiving a “do not track” signal.  Therefore, Vesync does not currently take action in response to a “do not track” browser setting.  Vesync will update this policy in response to developments regarding an industry standard concerning do not track settings.

8. How We Secure Personal Information

Vesync has an information security program to implement reasonable and appropriate industry-standard security controls to protect personal information in its possession.  Vesync also requires its service providers to implement controls that are at least as stringent as the ones Vesync itself uses, consistent with this policy.  Vesync’s administrative, physical, and technical safeguards:

· Provide assurances of the integrity and confidentiality of personal information covered by this policy;

· Protect against reasonably anticipated threats or hazards to the security or integrity of personal information, and unauthorized uses or disclosures of such personal information; and

· Facilitate compliance with legal frameworks of requirements under applicable data protection laws.

One example of a security safeguard we use is encryption.  Specifically, our mobile applications use encrypted communications when they obtain your personal information and our payment service receives your payment information to complete orders and obtain payment for products you purchase using our website.

9. Exercising Your Rights

a. General Policy Regarding Exercising Your Rights

If you would like to access the personal information we have collected about you to correct or update it, and you are a Vesync user, you have the ability to log into a mobile application and make the corrections to the personal information in your account profile.  Alternatively, or if you need assistance, please contact us by one if the means described in Section 11, and someone on our support team will assist you correct or update your personal information.

Please keep in mind that in unusual circumstances we may have a legal right or obligation to preserve personal information as it currently exists.  If we do not amend personal information about you upon your request, we will communicate with you concerning the reason.

If you wish to opt out of or stop receiving any marketing communications from us, please contact us at one of the mechanisms listed in Section 11.  Any email communications from us contain instructions on opting out of further email communications.  Nonetheless, even if you opt out of marketing communications, we will still contact you regarding support, administration, and security of our services and products.  You can always choose not to provide information, though not providing such information may mean that you may be unable to make a purchase or to take advantage of certain features of our services.

b. Identity Verification

Vesync has an obligation to verify the identity of any individual or authorized agent seeking to exercise rights under the California Consumer Privacy Act (CCPA).

For California residents with a password-protected account with Vesync accessible via a mobile application, we can verify your identity by having you access your account and complete a form to submit a request for your rights or confirm that you made a request.

For California residents that do not have an account with Vesync:

· We will verify your identity in response to a request to exercise your individual rights by requiring that you to provide two pieces of information that we already have on file with you, which may include:

o Items of contact information, or

o Content of communications you sent to us.

· In addition, in the case of a request for specific pieces of personal information, we will ask for an additional piece of information that we may have in addition to the two pieces requested above, together with a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of the request or an authorized agent acting on behalf of that consumer.

An authorized agent seeking to exercise rights on behalf of an individual California resident must prove the agent’s authority either by providing a power of attorney pursuant to Probate Code sections 4121 to 4130 or by:

· Providing a copy of a writing signed by the resident giving the agent permission to act on the resident’s behalf;

· Verification of the authorized agent’s own identity under the procedures in this section; and/or

· Communicating with the California resident directly to confirm the status of the agent as being authorized to act on behalf of the resident.

We will not provide or delete information as requested if we are unable to verify the identity of the requestor as required above, if an agent cannot prove authority to act on behalf of an individual, or we have reason to believe that the request is fraudulent.  We may ask for additional verification if we suspect fraud, such as a copy of an identification credential from the requestor.  We will use any such additional information strictly for identity verification purposes, and it will be deleted following the completion of the verification process.  We may, however, retain any information needed to comply with the CCPA or other applicable law.

10. Links to Other Parties’ Websites

Vesync’s website may contain links to other websites of interest.  However, once you have used these links to leave our site, you should note that we do not have any control over that other website.  Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by this policy.  You should exercise caution and look at the privacy statement applicable to the website in question.

11. Contacting Us With Questions, Concerns, or Privacy Complaints

Please direct all requests for assistance, questions, or complaints about our privacy practices to our privacy team by email, postal mail, or phone at the following contact information:

Attention:  Privacy Team

Email:  privacy@vesync.com

Postal Address:  1202 North Miller Street, Suite A, Anaheim, CA 92806 US

US Toll Free Number:  (833) 383-7962

If you have any concern or complaint about Vesync’s privacy policies or practices, please provide information relevant to your complaint.  Our privacy team will evaluate your concern or complaint based on the information you provide and send you a response.  We may need to ask you for additional information to evaluate your concern or complaint.  We will promptly investigate and respond to your communications about a complaint.  You may have other rights under law and the right to contact the privacy regulator in your local jurisdiction about your concern or complaint.

12. Amendments to this Policy

OUR BUSINESS CHANGES CONSTANTLY, AND OUR PRIVACY POLICY AND THE TERMS OF USE WILL CHANGE ALSO.  WE MAY EMAIL PERIODIC REMINDERS OF OUR POLICY AND TERMS, BUT YOU SHOULD CHECK OUR WEBSITE FREQUENTLY TO SEE RECENT CHANGES.  UNLESS STATED OTHERWISE, OUR CURRENT PRIVACY POLICY APPLIES TO ALL INFORMATION THAT WE HAVE ABOUT YOU AND YOUR ACCOUNT.

We stand behind the promises we make and will never materially change our policies and practices to make them materially less protective of user information collected in the past without the consent of affected users.

We may amend this policy from time to time.  We will make amendments to the policy by displaying an amended copy on our mobile applications, website, and social media sites or, if Vesync determines that it is necessary, by sending a notice to you by email.  Your continued use of a Vesync mobile application, our website, or a Vesync social media account after a revised version of this policy appears on the mobile application, website, or social media account will constitute your approval of the amended version.