Legal Statement and
Privacy Right Policy
Update time:2018-12-10 12:12:02
Legal Statement and Privacy Right Policy
Version dated May 2018
Reminders
Your trust is of great importance to us. We deeply understand the
importance of user information security, and will take security measures in
accordance with laws and regulations to protect your user information to keep
it secure and under control. Therefore, Shenzhen EEGSmart
Technology Co., Ltd. ("we") formulates this Legal Statement and Privacy Right
Policy (this "Statement and Policy") and reminds you that: Before using our
services, please carefully read and thoroughly understand this Legal Statement
and Privacy Right Policy and confirm that you have fully understood and agreed
to this Statement and Policy before using relevant products or services. By
using our services, you acknowledge that you accept and recognize the contents
hereof.
If you have any questions, comments or suggestions on the contents of this
Statement and Policy, you may contact us via online channel.
Definition
Personal Information: means all kinds of
information, recorded electronically or otherwise, that is sufficient to
identify a natural person on its own or in combination with other information,
including but not limited to name, birth date, identification certificate
number, personal biometric information, address and telephone number of a
natural person. The Personal Information referred to herein is your personal
information that we collect, transmit, store, use and share for the purpose of
providing services to you.
Business Data: means the data you upload,
download, store or process using your services that is different from Personal
Information.
Legal Statement
1. Ownership of Rights
1.1. Our logo, "EEGSmart", "UMind",
"UMindSLeep" and other texts, graphs and combination
thereof, other marks and symbols of ours and our service names are the
registered trademarks of ours and our Affiliates' in China and other countries.
Without our written authorization, no one may display, use or otherwise process
(including without limitation reproduce, disseminate, show, mirror, upload and
download) any of the said trademarks in any way or represent to others that you
have the right to display, use or otherwise process any of the said trademarks.
1.2. The intellectual property rights in all of our products, services,
technologies and all applications ("Technical Services") shall vest in us or
their right owners.
1.3. Unless otherwise stated by us, all rights (including but not limited
to copyright, trademark right, patent right, trade secret and any other related
rights) in, of and to all documents and other information (including but not
limited to texts, graphs, pictures, photos, audios, videos, icons, colors,
layout and electronic documents) published by us on our website are vested in
us. Without our permission, no one may use the said information (including but
not limited to monitor, reproduce, rebroadcast, display, mirror, upload and
download any contents in our website via programs or devices). Where any person
is authorized to browse, reproduce, print or disseminate any information in our
website, such information shall not be used for commercial purposes and this
statement of rights must be included when using all or any portion of the
information.
2. Limitation on Liability
2.1. We hereby remind you that you shall abide by laws of the People's
Republic of China in using our services, and you shall not endanger cyber
security or utilize our services to engage in activities that infringe upon
others' reputation right, privacy, intellectual property rights or other
legitimate interests. Notwithstanding the aforesaid reminder, we will assume no
liability for your purposes of using our services.
3. Protection of Intellectual Property Rights
We respect intellectual property rights and oppose and combat any
infringement upon intellectual property rights. If any organization or
individual believes that the contents of our client pages may infringe upon
its/his/her legitimate interests, such organization or individual may issue a
written notice of claims to us and we will deal with the same by law as soon as
possible after receipt of applicable notice from the intellectual property
right owner.
Privacy Right Policy
We respect and protect user information and will treat the same with great
duty of care. When you use our services, we will collect, process and disclose
your personal information in accordance with this Privacy Right Policy. With
this Privacy Right Policy, we intend to clearly introduce to you how we deal
with your Personal Information. Therefore, we advise you to read this Privacy
Right Policy completely to understand the means of protecting your privacy
right.
If you have any questions, comments or suggestions, please contact us via
the contact information we provide.
This Policy will help you understand the following:
1. Scope of Application
2. Collection and Use of User Information
3. Sharing, Transfer and Disclosure of User Information
4. User Information Management
5. Use of Cookie and Similar Technologies
6. Personal Information Security
7. Protection of Minors
8. Update of This Privacy Right Policy
9. How to Contact Us
1.
Scope of Application
1.1. This Privacy Right Policy shall apply only to your use of our
services, including the provision of network distribution, control and
management of smart device to you.
1.2. This Privacy Right Policy shall not apply to services provided by
third parties to you. For example, this Privacy Right Policy shall not apply to
the information you provide to a third party who relies upon our platform to
provide services to you.
1.3 The Legal Statement and Privacy Right Policy is the general privacy
right policy for UMindSleep, and all the user rights and information security
measures therein apply to our users. In case there is any discrepancy or
conflict between the Legal Statement and Privacy Right Policy and this Privacy
Right Policy, this Privacy Right Policy shall prevail.
2. Collection and Use of User Information
2.1. Member information
2.1.1. If you have registered any UMind account
or UMindSleep account, you may log in to our services using such account. If
so, the real-name information (name, ID card number, phone number/email) you
provide for the registration of UMind account or UMindSleep
account will be synchronized with us.
2.2. Provision of Technical Services to you
Information provided by you to us includes:
2.2.1. The information you are requested to provide is subject to that
listed on our web page. If you do not intend to use certain services, you are
not required to provide relevant information.
Information collected by us during your use of the services
2.2.2. Device information: we will receive and record the information
relating to the smart device you use in accordance with the authority you grant
in the installation and use of the application (such as the information of the
smart device the network distribution is completed by us, including device
model, operating system version, device setting, unique device identifier and
other Software and hardware characteristic information).
2.2.3. Log information: When you use the services provided by our website or
client, we will automatically collect detailed information relating to your use
of our services and save them as network logs, such as your searches, IP
addresses, types of browsers, telecommunication service providers, languages,
visit dates and times, and web pages visited by you.
Information provided by the service provider of the smart device when you
use our services:
2.2.4. Smart device operating information (such as the information of
operating mode, current temperature, current fan speed and current relative
humidity of a smart air-conditioner) and location information (such as the
information of IP address, GPS location and Wi-Fi access point and Bluetooth
that can provide relevant information).
2.2.5. Please note that the device information or operating information
alone is not sufficient to identify a certain natural person. If we combine
such non-Personal Information with other information to identify a certain
natural person, or use the same in combination with Personal Information, then
such non-Personal Information will be deemed as Personal Information during
such combination, and we will anonymize and
de-identify such Personal Information unless with your authorization or it is
otherwise provided by laws and regulations.
2.3. We use the user information provided by you or collected by us for
the following purposes:
2.3.1. To provide you with services and maintain and improve such
services;
2.3.2. To promote and introduce products to you to the extent permitted by
laws and regulations;
2.3.3. We may use your Personal Information to prevent, identify and
investigate into fraud, any act endangering security, illegal activity, or any
other act which breaches or violates any agreement, policy or rule with or of
us or any of our Affiliates so as to protect the legitimate rights and
interests of you, any of our other users, us or any of our Affiliates;
2.3.4. We may combine your information obtained from a certain service
with information from any other service so as to provide you with services, personalized
content and advice; and
2.3.5. For any other purpose as permitted by you.
3. Sharing, Transfer and Disclosure of User Information
3.1 Sharing
We will not share your user information with any other organization or
individual, except in the following circumstances:
3.1.1. Sharing with express consent: We will share your user information
with other parties with your express consent;
3.1.2. Sharing as required by laws: We may share your user information as
required by laws, regulations, litigation or arbitration, or by administrative
or judicial authority in accordance with laws; and
3.1.3. Sharing with authorized partners: As we may engage our trusted
partners to provide services, we might share your certain Personal Information
with such partners in order to provide better customer service and optimize
user experience. We will only share your user information for lawful, proper,
necessary, specific and express purpose to the extent required for providing
the services. Our partners have no right to use the shared user information for
any other purpose.
Currently, the type of our authorized partners includes supplier, service
provider and others. We send the information to the suppliers, service
providers and other partners who support our business by providing underlying
Technical Services, consultation, analysis and other professional services.
We will conclude strict confidentiality agreement and information
protection agreement with the companies, organizations and individuals with
whom we share user information to require them to treat user information in
accordance with our instruction, this Privacy Right Policy and any other
relevant confidentiality and security measures.
3.2. Transfer
We will not transfer your user information to any company, organization or
individual, except in the following circumstances:
3.2.1. Transfer with express consent: We will transfer your user
information to other parties upon obtaining your express consent; and
3.2.2. In case of any acquisition, merger or insolvency liquidation, or
other circumstances involving merger, acquisition or insolvency liquidation, of
us with any other legal entity, if transfer of user information is involved, we
will require the new company, organization or individual in possession of your
user information to continue to be bound by this Policy, or we will require
such company, organization and individual to obtain your authorization and
consent again.
3.3 Disclosure
We will disclose your user information only under the following
circumstances:
3.3.1. We may disclose your user information with your express consent or at
your voluntary option; or
3.3.2. In order to protect the personal and property safety of our
platform, our Affiliates or the public, we may disclose your user information
in accordance with applicable laws or your relevant agreements or rules.
3.4. Exceptions to obtaining prior authorization and consent for sharing,
transfer and disclosure of user information
Your user information may be shared, transferred or disclosed without your
prior authorization and consent under any of the following circumstances:
3.4.1. National security and
national defense security are involved;
3.4.2. Public security, public
health or major public interests are involved;
3.4.3. Criminal investigation,
prosecution, judgment and enforcement are involved;
3.4.4. For the purpose of
protecting your or other individual's life, property and other major lawful
rights and interests, where it is hard to obtain your prior consent;
3.4.5. The Personal Information
is disclosed voluntarily by you to the public; or
3.4.6. The Personal
Information is collected from the information disclosed through lawful public
channels, such as lawful news reports or information disclosure by government.
4.User Information
Management
4.1. You may log in to the "administrator page" of our client to inquire
and administrate (change or delete) the basic business information (house area,
family status and house address) and family member information submitted by your
for the use of our services.
4.2. You may submit a request for deletion of user information to us under
any of the following circumstances:
4.2.1. Our user information
processing violates any law or regulation;
4.2.2. We collect or use your
user information without your express consent; or
4.2.3. Our Personal
Information processing materially breaches the agreement with you.
For the purpose of security, you may be required to provide a written
request or to otherwise identify yourself. We may ask you to identify yourself
before processing your request.
5. Use of Cookie and Similar
Technologies
5.1. In order to ensure the normal operation, provide you with more
convenient visit experience and recommend contents that may be of interest to
you, we will store small data files named "cookie" on your client. Cookies
usually contain identifiers, site names and certain numbers and characters. We
can only read the cookies provided by us.
5.2. Cookies are able to store your preference. When you visit our website
next time, we will be able to display the information you need.
5.3. You may manage cookies according to your preference or clear all
cookies stored on your mobile device. However, if you do so, you need to change
the user setting each time you visit our website.
5.4. In addition to cookies, we will use beacon, pixel tag and other
similar technologies on our website.
6. User Information Security
6.1. We attach great importance to the security of your information. We
endeavor to take all kinds of physical, electronic and administrative security
measures to protect your use information from unauthorized access, disclosure,
use, manipulation, damage or loss. We will use encryption techniques to improve
the security of user information, use trusted protection mechanism to protect
user information from malicious attack, deploy access control mechanism to
ensure the user information is accessible only to authorized personnel to the
maximum extent possible, and hold training sessions about security and privacy
protection to enhance our employee's awareness of the importance of user
information protection.
6.2. We will take reasonable and practical measures to avoid collecting
irrelevant and unnecessary user information to the maximum extent possible. We
will retain your user information only for the period as is necessary to
achieve the purposes set forth in this Policy, unless it is agreed by you and
us to prolong the retention period or permitted by law. Upon the expiration of
such retention period, we will delete or anonymize
your Personal Information.
6.3. Upon occurrence of any user information security incident (such as
disclosure or loss), we will, in accordance with the requirements of laws and
regulations, notify you of the following matters: basic information and
possible influence of such security incident, handling measures we have taken
or will take, suggestions on how you may prevent or reduce risks on your own,
and remedies to be taken for you. We will notify you of the relevant
information of such incident through email, letter, phone, and push
notification. If it is difficult to notify each user information subject one by
one, we will publish announcement in a reasonable and effective manner.
6.4. In addition, we will also report the handling of user information
security incident according to the requirements of regulatory authorities.
6.5. If the operation of our products or services stops, we will take
reasonable measures to protect your user information security, including timely
stopping further collection of your user information, sending you a notice
thereof on a personal basis or in the form of announcement, and deleting or anonymizing your Personal Information held by us.
6.6. If we intend to use your user information for any purpose other than
those specified when we collect the same or beyond the scope that is directly
or reasonably relevant, we will inform of you the same again and obtain your
express consent.
7. Protection of Minors
We attach importance to the protection of Personal Information of minors.
If you are a minor, we suggest that you ask your guardian to read this Privacy
Right Policy carefully, and you may use our services and/or provide us with
information subject to the consent of your guardian.
8. Update of This Privacy
Right Policy
8.1. There might be modifications of this Privacy Right Policy.
8.2. Without your express consent, we will not restrict the rights you are
entitled to under this Policy. We will publish any modification of this Policy
on a specific web page.
8.3. With respect to material modifications, we will also provide a more
noticeable notice (with respect to certain services, we will give notice in the
form of announcement to specify the modifications of this Policy in detail).
8.4. Material change herein includes but is not limited to:
8.4.1. Material change of our service mode, such as the purpose of
processing user information, the type of user information we process and the
way in which we use user information;
8.4.2. Material change of control and organizational structure, such as
the change of owner due to business adjustment or bankruptcy buyout;
8.4.3. Change of the main subject to whom the sharing, transfer or
disclosure of user information is made;
8.4.4. Material change of your rights relating to the participation of
user information processing or the exercise manner thereof;
8.4.5. Change of our department responsible for the security of user
information processing, its contact information or complaint channel; and
8.4.6. High risk is indicated in the user information security impact
assessment report.
9. How to Contact Us
If you have any questions or comments on the contents of this Statement
and Policy or the practice of this Privacy Right Policy, you may contact us via
online channel.