(Effective Date: January 1, 2020)
Hisense International Co., Ltd
Floor 22, Hisense Tower, No. 17 Donghai Xi Road, Qingdao, 266071, China
If you are located within EU, then you may also contact our representative with EU through the contact info at http://global.hisense.com/privacy-policy.
1. IMPORTANT DEFINITIONS
“Application(s)” means an embedded, downloadable and/or executable software application owned by us or a service provider, and made available on the Device.
“Content” means all audio and visual elements and ideas offered by us or third parties, including but not limited to data, movies, videos, photographs, software, games, designs, likenesses, artwork, images, music, sound, information and other materials, tangible and intangible, including derivative works, on all media and formats, existing or in future.
“Device” means the Smart TV.
“Materials” collectively means any Content, Submitted Content (where applicable and as further defined herein), messaging, blogging, chatting, social networking, information, advertising and/or internet links, etc., accessible or delivered through the Device.
“Operating System” means Android™ operating system platform for the Device. Android is a trademark of Google LLC.
“Voice Services” means the access, procurement, disposal, sale, purchase, subscription, lease, rental, consultation or other use of Materials, and all other types of services or functions typically available from the Internet, offered by us or by third parties, through Application(s) in your Device.
“Submitted Content” means any Content submitted, uploaded or posted by you, on behalf of you, or by other users, on or through your Device or the Voice Services.
2. INFORMATION WE COLLECT AND HOW WE COLLECT IT
The below chart summarizes our collection, use, and disclosure of personal information through the Device:
Voice Services and Voice Services Data.
Google Assistant: https://support.google.com/assistant#topic=7110546
1. HOW WE USE THE INFORMATION WE COLLECT
Personal Information. We will only use, access, store, or process your Personal Information for the purposes for which it may be provided to us. If we wish to use your Personal Information for any other purpose, we will obtain your express consent to do so. To the extent that we collect your Personal Information, we use it in connection with the following activities:
Registering your account on the Device;
Providing and maintaining services in connection with the Device;
Administering the Device as well as Voice Services, if applicable, enabled and compatible devices and/or software applications which are connected to your (same) Voice Services Account (including processing any searches or requests for certain Materials, recommending Materials, providing blogs, open forums, discussion pages or personalized features);
Internal record keeping; and
Communicating with you. If you send us an E-mail with questions or comments, we may use your Personal Information to respond to your questions or comments, and we may save your questions or comments for future reference. However, aside from our reply to such an e-mail, we will not send you e-mail unless you request a particular service that involves e-mail communications, in which case you consent to being contacted by e-mail, or to receiving from us (either from ourselves or a related company) information about products and services which we believe may be of interest to you.
Voice Services Data: If available and you chose to activate or Opt-In to the Voice Services, you authorize us to forward your Voice Commands to the Voice Services for processing and/or execution of the Voice Commands or to provide certain requested features. You also understand that we will use, for Alexa, your VIDAA Account and your Voice Services Account, and for Google Assistant, your Voice Services Account, to authorize the communication between your Device and the Voice Services.
Voice Services will allow you to use Voice Commands to control: (i) either certain basic features in the Device (including turning the Device on or off, changing the volume and searching for Content available through Applications, etc.) (“Basic Voice Services”); or (ii) certain advanced features such as voice activated access and control of (a) certain Applications in the Device, and/or (b) other devices, applications and services connected to the Voice Services such as third-party music services; checking the current weather, news or traffic or creating or updating your to-do list) (“Advanced Voice Services”).
When you submit Voice Commands through the Device, or through Voice Services, or through a third-party Voice Services enabled device, or otherwise, your Voice Commands are received by the Voice Services for natural language processing, with the Voice Services returning the natural language interpreted results (“Voice Results”) (including search strings in human readable format) back to the Device. We then use (but do not store) the Voice Results to provide you with certain features (including solely by way of example, your requested search results related to Materials available through the Device).
Non-Personal Information. We may use Non-Personal Information for our internal purposes, such as to understand aggregate usage patterns, offer Device-specific viewing recommendations, to administer the Device, or to provide you with improved features such as Voice Services. We reserve the right to use or disclose aggregate and/or Device-specific Non-Personal Information in any way we see fit, including for our and our partners' marketing and advertising purposes and to other third parties (such as Voice Services providers), and you acknowledge and consent to such. You acknowledge and accept that you fully consent to our collecting and sharing aggregate and/or Device-specific Non-Personal information with third parties without the need for further approvals or consent.
2. HOW WE SHARE AND DISCLOSE INFORMATION
Personal Information and Non-Personal Information. We may share Personal Information and Non-Personal Information as follows:
With our and our affiliates staff, employees, contractors, agents, to help us provide or improve the services in connection with the Device and/or the Voice Services.
With our professional advisors.
With third parties and their advisors in connection with a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of our assets, financing, sale of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence).
When required to or are permitted to do so by law or valid legal process.
With other third-parties solely at your direction and with your express consent, and only for the purposes that you request.
for Basic Voice Services: natural language processing of Voice Commands, and to return the appropriate Voice Results to the Device; or
for Advanced Voice Services: natural language processing of Voice Commands, and to return the appropriate Voice Results to the Device, as well as for accessing and controlling other Voice Services enabled and compatible devices and/or software applications and/or services which are connected to your (same) Voice Services Account;
To design, develop, improve and extend the quality and scope of the functions provided to you in the Device via the Voice Services and technology;
3. YOUR RIGHTS AND CHOICES
YOUR RIGHTS AND CHOICES
We take every reasonable step to ensure that:
· your Personal Information that we process are accurate and, where necessary, kept up to date; and
· any of your Personal Information that we process that are inaccurate (having regard to the purposes for which they are processed) are erased or rectified without delay.
From time to time we may ask you to confirm the accuracy of your Personal Information.
Your rights if General Data Protection Regulation applies
Subject to applicable law, you may have a number of rights regarding the processing of your Personal Information of which we are a controller, including:
· the right not to provide your Personal Information to us (however, please note that we may be unable to provide you with the full benefit of any of our websites, Applications and smart services you request, if you do not provide us with your Personal Information – e.g., we may not be able to process your orders without the necessary details);
· the right to request access to, or copies of, your Personal Information, together with information regarding the nature, processing and disclosure of those Personal Information;
· the right to request rectification of any inaccuracies in your Personal Information;
· the right to request, on legitimate grounds:
o erasure of your Personal Information; or
o restriction of processing of your Personal Information;
· the right to object, on legitimate grounds, to the processing of your Personal Information by us or on our behalf;
· the right to have certain Personal Information transferred to another controller, in a structured, commonly used and machine-readable format, to the extent applicable;
· where we process your Personal Information on the basis of your consent, the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the processing of your Personal Information in reliance upon any other available legal bases); and
· the right to lodge complaints with a data protection authority regarding the processing of your Personal Information by us or on our behalf.
You also have the right, for reasons arising out of your particular situation, at any time to withdraw your consent for the processing of the data concerned, based on GDPR Art. 6. para 1(a), if applicable. In that case, we will no longer process the data concerning you, unless we can prove compelling reasons of protection for the processing that outweigh your interests, rights and freedoms, or processing is for the purpose of asserting, exercising or defending legal claims.
If the data in question is processed for direct advertising, you have the right to object at any time to the processing of such data for the purpose of such advertising. If you oppose processing for direct advertising purposes, this data will no longer be processed for this purpose. This does not affect your statutory rights.
If you would like to exercise any of these rights, please contact us via the after-sales service center written in the warranty card inside the box of each Device, or contact our EU representative directly through the contact info at http://global.hisense.com/privacy-policy.
If you assert any of these rights, where applicable per local laws, we will make reasonable efforts to do so within one (1) month or, to the extent permitted by applicable law, as soon as reasonably practicable. If you assert your rights to delete your Personal Information, we may continue to store your Personal Information in a non-erasable form if they are difficult or impossible for us to find. For archival file purposes, we reserve the right to retain all information removed or modified from our active databases for non-commercial purposes, including for dispute resolution, improving the Voice Services, troubleshooting problems.
The rights set out above not apply to our collection of Non-Personal Information. We reserve the right to refuse to process data removal requests that are impractical or jeopardize the privacy of others. The refusal to process Personal Information removal shall be justified under the applicable legislation.
If you want to disable cookies or such other technologies, you can clear data stored on the Device or on devices that you are using to access the Device. If you want to clear cookie data for an Application, you can do so by emptying the cache and storage for that Application. If you want to clear all cookie data stored on the Device, please go to “Home”, select “Settings”.
(information on how Amazon uses, collects and shares your data)
(Google Terms of Service)
(Google Play Terms of Service)
(information about deleting your Google Assistant activity)
(to control what information is shared with Google Assistant)
Certain companies may participate in the Digital Advertising Alliance ("DAA") AdChoices Program and may display an Advertising Option Icon for interest-based advertisements that links to an opt-out tool which allows you to exercise certain choices regarding targeting. You can learn more about the DAA AdChoices Program at http://www.youradchoices.com/ and its opt-out program for mobile applications at http://www.aboutads.info/appchoices. In addition, certain advertising networks and exchanges may participate in the Network Advertising Initiative (“NAI”). NAI has developed a tool that allows consumers to opt out of certain interest-based advertisements delivered by NAI members' ad networks. To learn more about opting out of such targeted advertising or to use the NAI tool, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of interest-based advertisements, you will continue to receive non-targeted ads. Further, opting out of one or more NAI or DAA members only means that those selected members should no longer under the DAA / NAI rules deliver certain targeted ads to you. This will affect this and other services but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different Device or web browser(s), or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Mobile device opt-outs will not affect browser-based interest-based advertisements even on the same device, and you must opt-out separately for each device. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. However, we support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (http://www.iab.net/media/file/ven-principles-07-01-09.pdf) and expect that ad networks we directly engage to serve you interest-based advertisements will do so as well, though we cannot guaranty their compliance.
4. SECURITY OF THE INFORMATION WE COLLECT
We take the security of your Personal Information seriously. We maintain physical, administrative, and technical safeguards designed to maintain the confidentiality and security of your Personal Information. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted through use of the Device and the Voice Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures for the Device or the Voice Services.
The Personal Information we collect is stored within databases that we control, and we utilize reasonable security measures intended to mitigate the risk of unauthorized access or disclosure of Personal Information, such as firewalls and encryption technology. We restrict access to Personal Information to our employees, contractors and agents who have a need to know that information in order to operate, develop or improve the Device or the Voice Services. These individuals are contractually bound by confidentiality obligations and may be subject to discipline for failure to meet these obligations, including termination and/or criminal prosecution.
5. BULLETIN BOARDS AND OTHER PUBLIC AREAS
We may offer bulletin boards or other public functions on the Device and/or Voice Services, and any posting by you in these areas is considered public information that is available to other users. We do not control, and are not responsible for, the actions of other users of the Device and/or Voice Services with respect to any information you post in public areas. In addition, information that you submit to public areas may be collected and used by others to send you unsolicited messages and for other purposes. Any posting in bulletin boards and public areas on the Device is governed by the End User Terms and Conditions for the Device or the terms and conditions of the applicable third parties web sites. Portions of your user profile may also be available to other users, and you should take care to not use Personal Information in your user name or other information that might be publicly available to other users.
6. INTERNATIONAL TRANSFER OF INFORMATION
7. DO NOT TRACK SETTINGS
8. YOUR CALIFORNIA PRIVACY RIGHTS
Data Subject Rights – California Residents
If a California resident wishes to make any of the requests described below, such as access and deletion, he or she may contact us as provided in the “Contact Us” section below.
Right to Deletion of Personal Information
California residents have the right to request the deletion of Personal Information as prescribed in Section 1798.105(a) of the CCPA. We may not delete some or all Personal Information if such Personal Information is necessary for us, or our service providers or affiliates, to:
· Complete the transaction for which the Personal Information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of our ongoing business relationship with the consumer, or otherwise perform a contract between us and the consumer,
· Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity,
· Debug to identify and repair errors that impair existing intended functionality,
· Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law,
· Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code,
· Enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with us,
· Comply with a legal obligation, or
· Otherwise use the consumer’s Personal Information, internally, in a lawful manner that is compatible with the context in which the consumer provided the Personal Information.
Right of Access: Right to Request Disclosure of Data Collection and Sharing Practices
You may request to receive details about how we collect, use, and share your Personal Information. Specifically, you may request to receive the specific pieces of information that we have collected about you by contacting us as provided in the “Contact Us” Section below. If you do so, we may need to collect additional Personal Information and other information, including name, email address, zip code, TV purchase location, phone number (which you may choose not to provide), TV model, and TV serial number registration to verify your identity.
You may also request to receive:
· the categories of Personal Information that we have collected about you,
· the categories of Personal Information that we have disclosed for a business purpose,
· the categories of sources from which we collected the Personal Information,
· our purposes for collecting that Personal Information, and
· the categories of parties with whom we share your Personal Information.
Right to Opt-Out of Sale
You have a right to direct us not to sell your Personal Information. If you would like to exercise that right, please click [Do not Sell]. Alternatively, you may direct us to not to sell your Personal Information as provided in the Contact Us section below.
Right to not be Discriminated Against for Exercising CCPA Rights
We do not discriminate against you for exercising any CCPA rights, such as the access and deletion rights described above. If we choose to offer a product enhancement or financial incentive, such as the ARC service, that is contingent on you sharing personal information, we will ensure that the value provided to us by that collection is reasonably related to the value of the product enhancement or financial incentive.
You may exercise any of the rights described above by emailing us at the email provided below. If you do, we may need to collect information such as your name, email address, zip code, TV purchase location, phone number (which you may choose not to provide), TV model, and TV serial number registration in order to verify your identity. You may also authorize an agent to make a request on your behalf, who will need to provide similar information for verification.