Privacy Agreement
The Privacy Agreement applies to mobile application services ("the Services") provided to you. We will collect personal information from you as appropriate and necessary in accordance with laws and regulations. We will do our
best to protect your information from disclosure, damage, or missing through reasonable and effective information security techniques and management processes and corresponding security protection measures. We hope to clarify how we are committed to protecting your personal information through the
following Privacy Agreement.
The Privacy Agreement is updated at least every 12 months. The Privacy Statement was
updated on
October
1
0, 202
2
(V4)
Please read the Privacy Agreement in its entirety. If you have any questions about the Privacy Agreement, you can contact us via the email address provided herein.
By using or continuing to use our products and services, you agree to the content of the Privacy
Agreement. If you do not agree to any of the Privacy Agreement, please stop using our services immediately.
Personal information refers to any information relating to an identified or identifiable natural
person. In other words, personal information is any information that allows us to identify you directly
or indirectly.
In the Privacy Agreement, we also use "data" to represent personal information.
We will collect your personal information under the following circumstances:
·
When you register as our user;
·
When you buy our product;
·
When you sign up or join our event;
·
When you use our services and products;
We will handle all types of personal information, including the data clearly provided by you and your device data and personal information generated from the use of our services, specifically:
·
When you register or log in, we will collect your email address, password, nickname, and profile photo that you use in registration.
·
When you download or use the app, we may read information about your mobile device, such as
information of the hardware model, IMEI number or other unique device identifier, MAC address, IP
address, operating system version, and settings. We may also read information about the use of your appliances through the
Internet of Things (IoT) app, such as the device model, operating status, frequency of usage, and the
use of cameras built into some devices.
·
When you use bonded and controlled devices, we will collect the information of device model, IP
address, location, and device status. We collect your current location information, do not track your whereabouts, by enabling the
location service we directly obtain your location information to provide you with services, such as
weather service, intelligent scene service, network function. The device will save WiFi SSID and
password when connected to a home WiFi router, and such information will not be uploaded to the
cloud.
·
When you use an Internet of Things (IoT) device, we may collect information that you communicate
during the voice service interaction, including the recordings of your voice commands (such as your
questions, requests, and instructions), and information that you receive from the service (such as responses, answers, and contents).
·
When you use an IoT device, you can view the real-time and historical video footage captured by
the camera through the software. You can also save the video locally. In order to enable the said
function, we will send all videos captured by the camera to your app in an encrypted manner. We will neither store
your video footage on our server nor use it for any other purpose or share it with any third party
without your consent.
·
When you use a product or service, we will automatically receive and record information about
your browser and computer or App client, such as your IP address, browser type, language used, and
access date and time, hardware and software feature information and web page records you
need; when you apply for after-sales service, we may also collect your phone number and
address.
·
To help us understand the operation of the App, we will use the mobile analysis software
SDK. We may record relevant information such as your frequency of usage data, corrupted data, overall usage data, performance data, etc. We
will not associate information stored in the analysis software with any of your personal
information.
·
It is important to note that separate device information or service log information cannot
identify a particular natural person. If we combine such non-personal information with other information
to identify a particular natural person or use it in conjunction with personal information, such
non-personal information will be treated as personal information during the period combined use, and we
will de-identify such information unless we have your authorization or unless otherwise stipulated by
law.
As mentioned above, we will store your account information in the database so that you can get
your personal data immediately every time you visit our website and use our App or other
services.
Your data will be stored in our server as log files and used for analysis and research. After being processed in the server, your data will be
transmitted to the database.
We will back up data on a regular basis to prevent data loss due to server failure or human
error, and will delete them immediately at your request.
We are the
processor
of your data.
We process your data for the following one or more purposes:
·
When it requested as per the explicit instructions or requirements of the data
controller;
·
When we have your explicit consent;
·
For the purpose of marketing;
·
For the purpose of performing the contract we enter into with you;
·
When it is legally obligated;
·
When it is within our legitimate rights or interests. For example, to implement our policies, manage day-to-day business, aggregate data for data analysis,
maintain information security, or prevent frauds, we transfer the data to other business units of our Company.
Generally, your consent constitutes the legal foundation for us to process your information. It
is therefore necessary for you to agree with our User Agreement and Privacy Agreement in order to reach and fulfil our agreement with you and safeguard the legitimate interests
of all parties.
You have the right to choose whether to provide the relevant data. We may not be able to
undertake part or all of the obligations according to the service terms or provide our services without
some of your information. If you wish to learn more, please contact our Data Protection Office using the
contact details under the last section of this Privacy Agreement.
We will use information provided by you and collected by us in the process of services to offer
you our services. We will not use your data for any other purposes that do not fit the purposes for data
collection.
We will use your information for the following purposes expressly stated by the data controller
in the following manners:
·
To verify your identity to prevent unauthorized access;
·
To offer our services or products according to the contract we enter into with you;
·
To offer other services you request according to the requirements stated during data
collection;
·
To process transactions and communicate with you regarding the details of such
transactions;
·
To help track and fix any fault or error in the application;
·
To conduct internal audit, data analysis or research to the end of improving our products and
services through evaluating our efficiency;
·
To share your information with our partners so that they can assist us in offering our products
and services to you;
·
To share your information with other global branch institutions for internal management and
background support;
·
To maintain the integrity and security of the information system in which we store and process
your information;
·
To scrutinize and investigate data leaks, illegal activities and fraudulent
behaviors;
·
To comply with applicable laws and regulations or the demand for your information requested for
litigation and other legal proceedings, or imposed by governmental authorities.
When providing services we may occasionally require authorizations to access, including but not
limited to, your storage, contacts, notifications, GPS locations, cameras, Bluetooth, and NFC. You may
choose to switch off part of or all authorizations in device settings at any time to refuse the
collection of corresponding personal information. In different devices, the relevant authorization
display method and switch-off method may be different. For details, please refer to the device and the
system developer instructions or guides.
Your personal information will be kept strictly confidential and will not be shared with any
other company, organization, or individual, except in the following circumstances:
·
When we have obtained your explicit consent to share your information with a third
party.
·
When we share your information with our staff members and global branches generally in order to:
provide further services; carry out internal management; scrutinize for or handle data leaks, illegal
activities, or frauds; or maintain the integrity of the company锟斤拷s IT system. We share only necessary information with our staff members within the minimal scope, and are subject to this Privacy Agreement. We sign non-disclosure agreements (NDAs) with the authorized staff members.
·
When we share your personal information with a third-party service provider (or partner) for the benefit of offering or
improving our services including but not limited to cloud services, video surveillance services, IT
supports, and providing customer services. We sign rigorous data handling agreements with all relevant
third-party service providers (or partners) which require them to take certain security measures in
handling your information pursuant to the relevant laws and regulations and our requirements to
safeguard your data security.
·
We will disclose your information under the demands of laws and regulations or government
authorities.
We will not transfer your personal information to any other company, organization, or individual
except under any of the following circumstances:
·
Transfer under explicit consent: when we have obtained your explicit consent, we will transfer
your personal information to a third party.
·
In the case of merger, acquisition or bankrupt liquidation, we will demand the new company or
organization now in possession of your personal information to continue to be bound by the Privacy Agreement, otherwise we will demand such company or organization to obtain your new consent.
We will only disclose your personal information under any of the following
circumstances:
·
When we have obtained your explicit consent;
·
Based on legal disclosure, we may disclose your personal information in the case of law and legal procedures, litigation, or mandatory requirements of government authorities.
We will continue to save your personal information so long as required for purposes specified in this Privacy Agreement, and within any additional period as required or permitted by law, until you withdraw the consent.
Whereas, we may postpone the retention of your information for the purpose of research or
statistics, but we will desensitize your information to ensure the relevant information will not be able to
identify you.
At the same time, in accordance with the law of the country in which you live, we may retain your personal information to assist in any government and judicial investigations
for the purpose of submitting or maintaining legal requests or civil, criminal or administrative
procedures. If the above reasons fail to apply to the data we preserve, we shall delete and destroy your
data securely in accordance with relevant requirements.
Our products and services are primarily for adults, yet, we are aware of the importance of taking
extra precautions to guarantee the privacy and security of minors who may use our products and services.
We consider anyone under the age of 16 (or the age as required by local law) to be a minor.
We will only use or disclose the personal information of minors collected with the consent of
their guardian on the condition that the law permits, the guardian expressly consents or for the
necessary protection of the minor. At any time, the guardian may request access to, modify or delete
personal information of the minor by contacting us as described in Section 13.
If we are found to collect personal information of minors without the consent of a verifiable
guardian, we shall attempt to remove the relevant content as soon as possible.
We adhere to recognized key data protection principles (fairness, purpose limitation, data quality,
data retention, compliance with individual rights, and security), and take reasonable
measures to guarantee the security of your personal information. We have applied a range of techniques to
guarantee the security of your personal information and done the utmost to minimize the risk of misuse,
unauthorized access, unauthorized disclosure and inaccessibility. Security measures we have adopted
include but are not limited to: data desensitization, data encryption, firewall, and authorization
control of data access.
In addition, we shall regularly check and update the security mechanisms used to protect data in
order to provide effective protection against data misuse. If you believe that the security of your data
has been compromised, or you would like to know more information about the measures we adopt to protect
data, please contact the
Data Protection Office using the contact details under the last section of the Privacy
Agreement.
As we provide services globally, based on data storage security considerations, all of your data
we collect, regardless of the country you are located in, the above outlined information will be stored
synchronously on servers in Germany and the United States.
We are a multinational company and the responsibility range of our teams responsible for data
processing may cover the world or a variety of countries/regions. Therefore, these teams may be located
anywhere in the world where we conduct business, including countries outside the EU that may not pursue the same standards for personal information protection as your
country. We may also transmit data outside the EU, including China. By using or joining our services and/or providing us with your information, you agree that
we will collect, transmit, store and process your information outside the country/region you live in
accordance with this Privacy Policy. We will make every effort to ensure that they comply with
applicable legal requirements to the extent permitted by existing technology, for example, by executing
standard contract terms. All of your data that we collect is used for user and product analysis after
necessary confidential processing to provide you with better services. But in this case, we will take
steps to protect your information appropriately.
To provide you with more convenient and personalized information display, search, and push
services when you use our services, we may extract your preferences based on your purchase information and service log information,
and produce an indirect portrait based on feature labels for display, information push, and possible
commercial advertising.
We may analyze processed data that fail to identify you to improve our products and
services.
We will not use your data to conduct any fully automated decision.
·
Access: request to provide a copy of the personal information we hold about you;
·
Rectification: request to correct the information containing errors or the expired
information;
·
Erasure: request to cancel your account or delete your personal information we hold;
·
Data Portability: request to provide your data and, if possible, to transfer the data directly to
data controller;
·
Restriction of Processing: request to restrict processing should you dispute the accuracy or
legality of our processing of personal information; however, your right to restrict processing may cause
you to be unable to use our services as normal;
·
Refusal: refuse the use of your personal information for user portraits and automatic
decision-making, and refuse the use of your personal information to send commercial information for
direct marketing;
·
Complaint Filing: file a complaint on the processing of your data with the competent authority of
your place residence or the member state that processes your data;
·
Consent Withdrawal: withdraw consent at any time on which we rely to process the
data.
We will protect your right to access and rectify your personal information. If you wish to exercise any of the rights described in Article 11.1, you may e-mail to our Data
Protection Office for processing.
As we receive a large amount of commercial promotion e-mails every day, we shall not respond if
we believe that your e-mails are not related to personal information.
After the request is made by the subject of personal information, the following results may
occur:
(1) Request denied
In some cases, requests from personal information subjects shall be rejected, including but not
limited to:
·
The subject of personal information is not granted relevant rights by laws of where you are located;
·
The identity of the person making the request fails to be verified;
·
The request made by the subject of personal information fails to be verified or is beyond scope,
especially when the request is repeated;
·
The disclosure of information is prone to harm the interests of the relevant parties if the
information involved is related to the damage or compensation received in the dispute;
·
The information shall only be retained for statistics and research, and the results of statistics
and research shall not reveal personal identities;
·
Other legally prescribed circumstances.
If the access request of the subject of personal information is rejected, we shall formally
explain the reason to the requester.
(2) Request accepted
If there is no circumstance as specified in (1), we shall process the request. In order to better
ensure the successful acceptance of requests, please provide us with as much detailed information as
possible when requesting, such as the request type and specific content, information about the holder
(such as the name of the product and service you used), and time range of information generation or
processing (where the time range is as exact as possible, the request has a larger chance of
acceptance).
You may change the scope of your authorization to continue to collect personal information or
withdraw your authorization by deleting the configuration information, unbinding the associated device,
or canceling the account number.
Please understand that the service of business function shall require some basic personal
information (registration e-mail), so if you withdraw your consent or authorization, we will stop
providing the service corresponding to the withdrawal of consent or authorization. Yet, your decision to
withdraw your consent or authorization shall not affect the processing of personal information
previously based on your authorization.
We shall reserve the right to modify the Privacy Agreement. Without your express consent, we shall not reduce your rights in accordance with the
Privacy Agreement. Any change to the Privacy Agreement shall be posted on this page. For major changes, we shall provide more obvious notice (for
certain services, we shall send an e-mail notification to state the specific changes to the Privacy
Agreement).
Major changes referred to herein include but are not limited to:
·
Major change of our service model, such as the purpose of processing personal information, and the type of personal information under processing, the way of using personal
information;
·
Major change of our ownership structure, organizational structure, etc., such as owner change caused by business adjustments, bankruptcy mergers, etc.;
·
Major subject change of public disclosure of personal information;
·
Major change of your right to participate in the processing of personal information and the
corresponding exercising methods;
·
Change of the department responsible for processing the security of personal information, or
change of contact information and complaint receiving channels;
·
A high risk shown in the assessment report of personal information security impact.
At the same time, we shall archive the former version of this Privacy Agreement for your reference.
If you have any questions about this Privacy Agreement or you wish to exercise any right, please send an email to our Data Protection Office at
the following address: developer@hsmarter.com. Upon receiving your request, we shall make every effort to respond within one month of the
request from the subject of personal information access request. Your patience and understanding are
highly appreciated. Given the complexity and quantity of requirements, the period may be extended for another
45 days as necessary. In case of deferred response, we shall inform the subject of the personal information and the
reasons for the delay. If the limitation period set in this paragraph conflicts with the local laws, the
local laws shall prevail. If you disagree with us about our processing of your personal information, you may submit a
mediation request or other requests to data protection regulator where you are located.