Legal
APP Privacy Policy for EEA Users
Last updated: November 22, 2022
Introduction
This Privacy Policy for Vesync mobile applications describes how L&H Y Trading Inc. and its subsidiaries and affiliates, including but not limited to Vesync Corporation, Arovast Corporation, and Etekcity Corporation (collectively, “Vesync”, “our”, “us” or “we”) collect, use, share, and store personal data. Our goal is to provide you with a positive experience when using our mobile applications, products and services, while at the same time keeping your personal data secure.
This policy applies to personal data we collect:
when you install, register with, access, or use our Vesync mobile applications and services (“App”);
when you use smart products, their functionalities or applications connected to the App;
when you subscribe to our newsletters, promotions or other marketing initiatives; and
when you contact or interact with us.
This policy does not apply to personal data collected by:
our websites, including Vesyn.com, Levoit.com, Cosori.com, and Etekcity.com;
offline or through any other means, including on any other website or application operated by any third party; or
any third party, including through any website or application or content (including advertising) that may link to or be accessible from or on our mobile application.
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.
Important information and who we are
The Vesync group is made up of different legal entities. When we mention “Vesync”, we are referring to the relevant company in the Vesync Group responsible for processing your data which will be clear to you when you use our App. Vesync Corporation is controller responsible for this App.
If you have any questions about this privacy policy, please contact us using the details set out below.
Contact details
Our full details are:
Vesync Corporation
Legal Department
Email address: privacy@vesync.com
Postal address: 1202 N Miller St, STE A, Anaheim, CA 92806, United States of America
EEA representative
ETEKCITY GmbH
Address: Vossbarg 1, 25524 Itzehoe, Germany
You have the right to make a complaint at any time to a relevant supervisory authority for data protection issues if the App is downloaded in the EEA.
Changes to the privacy policy and your duty to inform us of changes
We keep our privacy policy under regular review.
It may change and if it does, these changes will be posted on this page and, where appropriate, notified to you by email OR when you next start the App or log onto the App. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App or the Services.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during our relationship with you.
Third party links
Our App may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as Contact and Location Data. Please check these policies before you submit any personal data to these websites or use these services.
The data we collect about you
We may collect, use, store and transfer different kinds of personal data about you as follows:
Profile Data, such as your username, password, and email address, your photos, gender and date of birth, your interests, preferences, professional certificate, feedback, and survey responses.
Contact Data, such as receiver’s name, phone number, delivery address, and postal code.
Technical Data, such as your mobile device data, smart device data and internet connection data, including mobile phone model, mobile phone brand, operating system version, language, region, Android S/N, smart device cid, smart device MAC address, smart device IP address, Wi-Fi name and its passwords, Wi-Fi MAC address, Wi-Fi signal quality, network operator, network type, network quality and session information.
Usage Data, such as details of your use of any of our App including, but not limited to, session information and history of operation of devices and App, page response times, errors, length of visits to certain pages, page interaction information, history of logging in, your schedule settings, input records, search queries and methods used to browse away from the page.
Consumer Behavioural Data, such as products purchased, motivation for purchase, your preferences in receiving marketing from us and our third parties, your responses to surveys that we might ask you to complete for research purposes, and other purchasing behavior and preferences.
Communications Data, such as your communication preferences, and records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
Location Data, such as your current location disclosed by GPS technology and other similar technologies.
Content Data, such as the data you post on the App.
Wellness Data, such as
For use in connection with wellness products such as smart scales, smart kitchen appliances:
Including weight, height, metabolic age, body composition such as BMI (Body Mass Index), muscle mass, body water, skeletal mass, BMR, body fat, subcutaneous fat, visceral fat, bone mass, protein, etc., cooking history, food name, food weight, and food nutrition information such as calories, fat, sugar, protein, carbs, trans fat, saturated fat, cholesterol, sodium, potassium, dietary fiber, iron, VD, VA, VC, polyunsaturated fat, monounsaturated fat, calcium, etc.
For use in connection with smart trackers and smart watches:
Stride, heart rate, distance, duration, number of steps, sleep status, calories, workout records, sleep records, and heart rate records, blood oxygen records..
For use in connection with smart blood pressure monitors:
Systolic pressure, diastolic pressure, and pulse.
For use in connection with smart pulse oximeter:
Oxygen saturation, perfusion Index, and pulse
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.
We do not provide services for purchase by children. If you are under 18, you may use Vesync’s services only with the consent of a parent or guardian. We do not knowingly collect personal data from children under the age of 18 without the consent of the child’s parent or guardian. Should a parent or guardian have reasons to believe that a minor has provided Vesync with personal data without their prior consent, please contact us to ensure that the personal data is removed and the minor unsubscribes from any of the applicable services.
Special category data
To the extent that information we collect is health data or another special category of personal data subject to the GDPR, we process this data on the basis of your explicit consent via acceptance of this privacy policy.
How is your personal data collected?
We will collect and process the following data about you:
Information you give us. This is information (including Profile , Contact, Wellness and Marketing and Communications Data) you consent to giving us about you. It includes information you provide when you register to use the App and when you report a problem with an App. If you contact us, we will keep a record of that correspondence.
Information we collect about you and your device. Each time you use the App we will automatically collect personal data including Technical, Usage and Consumer Behavioural Data,. The technologies we use for automatic information collection may include:
Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.
Web Beacons. Pages of the App and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
And other similar technologies.
Location Data. We also use GPS technology or other similar technology to determine your current location. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your settings.
How we use your personal data
We will only use your personal data when the law allows us to do so. Most commonly we will use your personal data in the following circumstances:
Where you have consented before the processing.
Where we need to perform a contract we are about to enter or have entered with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.
See below for more information on the types of lawful basis that we will rely on to process your personal data.
Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.
Purposes for which we will use your personal data
| Purpose/Activity | Type of data | Legal basis for processing |
|---|---|---|
| To install the App and register you as a new App user | Profile Data | Your consent |
| To enable you to personalize your profile and provide you with region-available services. | Profile Data | Your consent |
| To operate, maintain, and provide to you the features and functionalities, to improve or develop our products and new technologies via analytics, and to personalize the product functionalities and improve our marketing strategies. | Technical Data Usage Data Consumer Behavioural Data Location Data Content Data Wellness Data |
Your consent Performance of a contract with you Necessary for our legitimate interests (to recover debts due to us) |
| To enable you to manually input and track your wellness data, tailor available features to your particularized needs, and provide you with personalized recommendations, product offerings and promotions. | Usage Data Wellness Data Consumer Behavioral Data Communication Data |
Your consent Necessary for our legitimate interests (to develop our products/Services and grow our business) |
| To provide customer services, such as dealing with any enquiries and complaints, processing warranty, returns and/or repairs, notifying you of changes to the App or any Services. | Profile Data Logistics Data Usage Data Consumer Behavioral Data Communication Data Content Data |
Your consent Performance of a contract with you Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services) Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions) |
| To identify your device for diagnostic purposes and fraud prevention, to administer and protect our business and this App including troubleshooting, data analysis and system testing | Profile Data Technical Data Usage Data |
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security) |
Disclosures of your personal data
When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below for the purposes set out in the table above:
Internal Third Parties - Your information may be shared among Vesync affiliates for the purposes described in this Privacy Policy. The term “affiliates” refers to companies related to Vesync by common ownership or control and who are based in the U.S., China and Germany and provide aftersales and technical support and undertake leadership reporting.
External Third Parties including service providers who provide IT and system administration services, and they will have access to personal data needed to perform their functions; and third-party applications to whom you direct us to share your information, including, but not limited to, Google Home, Amazon’s Alexa, Apple Health and IFTTT, and their use of your data will be governed by their privacy policies and terms of use and you should familiarise yourself with these.
Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
International transfers
Many of our affiliates and external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
Whenever we transfer personal information to countries outside of the European Economic Area, we will ensure that the information is transferred in accordance with this Privacy Prolicyand as permitted by the applicable laws on data protection; or
Whenever we transfer your personal data to a country outside of the EEA, we ensure a similar degree of protection is afforded to it by ensuring appropriate safeguards are implemented in the form of specific contracts approved by the European Commission.
Data security
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our application of any features and functionalities, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.
Data retention
In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Your legal rights
Under certain circumstances you have the following rights under data protection laws in relation to your personal data:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
(a) if you want us to establish the data's accuracy;
(b) where our use of the data is unlawful but you do not want us to erase it;
(c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
(d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
You also have the right to ask us not to continue to process your personal data for marketing purposes.
You can exercise any of these rights at any time by contacting us.