Introduction
This Privacy Policy is an integral part of the Hisense Terms of Use and is incorporated by reference therein.
This Privacy Policy addresses your use of the Hisense application (the “App”), which is or can be connected to any item or service offered for sale or licensing by Hisense Ltd., including but not limited to Babysense Connect, Sound and light machine, and Babysense See (the "Product").
In this Privacy Policy, "we," "us," and "our" refer to Hisense Ltd. and all its subsidiaries. We want you to fully understand what Personal Data we collect, how we use this Personal Data, and the steps we take to protect such Personal Data. We encourage you to read this Privacy Policy to learn more about the policies and procedures we have put in place to do just that.
You are not obliged to provide us with Personal Data related to you and if you do, it is willingly and with your consent. You agree, however, that without providing us with the Personal Data related to you, we cannot offer you the use of the App or the Product or their full scope.
A Summary of the Privacy Policy
1. The Personal Data that you provide us
We receive and store any Personal Data that you give us. If you use the App, we will need data such as (i) your name, email address and password, for registration purposes; and (ii) your baby's name, date of birth and gender. We will also receive any Personal Data that you provide when contacting us. Learn More.
2. The Personal Data that we collect during your use of our App
We receive and store Personal Data processed during your use of our App (subject to your permissions in the App), for example Personal Data derived from location, camera and microphone. Learn more.
3. The purposes of our use of Personal Data
There are several purposes to our use of the Personal Data that relates to you, for example: to provide the Product and the functions, tools and features of our App; to ensure the security of our App; to ensure the functions and safety of the Product; to prevent and trace fraudulent or inappropriate usage; to analyze the efficiency of our operations; to send you relevant notifications; and to provide support and communicate with you. Learn more.
4. Aggregated data
We collect, use and share aggregated data, such as statistical or demographic data for any purpose. Aggregated data could be derived from Personal Data related to you but is not considered personal data in terms of the law, as this data will not directly or indirectly reveal your identity. Learn more.
5. Sharing the Personal Data with others
We will share the Personal Data with our group of companies and with our trusted third parties for various reasons. Learn more.
6. Your choice in using the App
By using the App, you authorize us to collect and use relevant Personal Data to provide you with the Product. Once you terminate the use of the App, we will take it as canceling the authorization. However, your decision to terminate the use of the App will not affect the previous collection and use of information based on your authorization. Learn more.
7. Accessing the Personal Data related to you
At any time, you can contact us at: support@babysensemonitors.com and request to access the Personal Data that we keep about you.
If applicable law allows, you can receive a confirmation from us of whether we are processing Personal Data related to you and also receive a copy of that Personal Data. You can then request that we correct, amend or delete Personal Data related to you if you think that the processing of said Personal Data is in violation of applicable law or if it appears inaccurate, incomplete or not up-to-date. Learn more.
8. Data retention and deletion
We retain Personal Data to provide the App and the Product and for legitimate and lawful purposes, as further explained in the data retention section of the policy. Learn more.
9. Data security
We use various measures in order to prevent unauthorized access and maintain data security and confidentiality. However, we cannot guarantee that Personal Data related to you will never be disclosed, altered, or destroyed in a way that is inconsistent with this Privacy Policy. Learn more.
10. Transfer of Personal Data outside your territory
The Personal Data that we process may be transferred to, processed, or stored outside your territory. If you are a resident of a jurisdiction in which the transfer of Personal Data to another jurisdiction requires your consent, then by agreeing to comply with this Privacy Policy, you grant us your express and unambiguous consent to such transfer of Personal Data. Learn more.
11. Your rights (for our European Union users)
If we process Personal Data related to you when you are in the European Union (the "EU"), you are entitled to additional rights as a data subject under EU data protection laws. Learn more.
12. Changes to our Privacy Policy
We reserve the right to amend this Privacy Policy at our discretion and at any time. We will post the updated Privacy Policy in the App. If you continue using the App after we post the updated Privacy Policy, that means that you accept the changes to the Privacy Policy. Learn more.
13. Contact Information
You are welcome to contact us directly for further information by sending an email to: support@babysensemonitors.com. Learn more.
The Hisense Privacy Policy
1. The Personal Data that you provide us
When you download the App and register to the Product, you provide us the following Personal Data:
• Personal Data related to you, the parent that uses our App:
first name, maiden name, last name, username or similar identifier, password, email address, and telephone number.
• Personal Data related to your baby who is being monitored using our App:
name, gender and date of birth.
• Any Personal Data that you provide when contacting us.
2. The Personal Data that we collect during your use of our App
When using our App, we will request that you provide us with access to Personal Data derived from your device and during the use of our App.
• Location data
During App installation, we will request you to allow us to access your device location for the purpose of pairing the Product with our App.
When you enable location-based functions through permission settings on your mobile device, we will collect and process your location information to enable certain functions in the App to operate.
• Files and media
As part of the App's features, we will request permission to access your mobile device's files and media, for example, to allow you to upload a profile picture or to use the talkback option.
• Microphone
For the purpose of using the talkback feature of the App, we will request access to your device's microphone. We will only collect voice information through the microphone when you voluntarily activate the microphone in the App. Please be aware that when this option is on, the App will capture all sound in your device's surroundings.
• Address Book Information
The App will request permission to access to your device’s address book or contact list for the purpose of enabling you to make your account available to other persons. For example, you can provide a spouse or partner with access to your nursery account by selecting that individual in your device’s address book or contact list as accessed via the App.
• Data related to your baby and the room's environment
The Product collects information about your baby's movement and its surrounding environment, such as your baby's pulse and respiratory rate, room's temperature and any movement detected within the room. Such information is also captured via the App.
• Usage and Product information
When you use our App and our Product, we automatically collect information about your use, for example your log-in and log-out time, the duration of your session and additional activity metrics.
3. The purposes of our use of Personal Data
We use the Personal Data described above for the following purposes:
• To allow the use of the Product and the functions, tools and features of our App;
• To ensure the security of our App;
• To ensure the functions and safety of the Product;
• For user authentication;
• To prevent and trace fraudulent or inappropriate usage;
• To analyze the efficiency of our operations;
• To research, develop, analyze and improve the efficiency of the functionality of our App, the Product and other products as well as users’ activities;
• To provide support and communicate with you;
• To manage our relationships with you and keep records of such communications;
• To promote the Product to users;
• To send you relevant notifications;
• For the establishment, exercise, or defense of legal claims, whether in court proceedings or an administrative or out-of-court procedure, and to allow us to pursue available remedies or limit the damages that we may sustain;
• To comply with applicable laws and regulations;
• For compliance with a legal obligation to which we are subject or to protect your vital interests or the vital interests of another natural person;
• To respond to requests from public and government authorities;
• To enforce our Terms of Use;
• To protect our operations, business and systems;
• To protect our rights, privacy, safety or property, and/or that of other users, including you.
4. Aggregated data
4.1.We also collect, use and share aggregated data, such as statistical or demographic data for any purpose.
4.2.Aggregated data could be derived from Personal Data related to you but is not considered personal data in terms of the law, as this data will not directly or indirectly reveal your identity. For example, we may aggregate your and other users' usage data to calculate the percentage of users accessing a specific feature.
4.3.However, if we combine or connect aggregated data with Personal Data related to you 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.
4.4.For this purpose, we use analytics providers such as Mixpanel.
4.4.1. The privacy practices of such analytics providers are subject to their own privacy policies. See Mixpanel's privacy policy at: https://mixpanel.com/legal/privacy-policy/.
4.4.2. We use the standard analytics tools of Mixpanel and may use additional or other analytics tools, from time to time, to learn about how you and other users use the App or the Product, in support of our activities and operations.
5. Sharing the Personal Data with others
5.1.We do not and will not sell Personal Data related to you.
5.2.We will share Personal Data related to you with others for a number of reasons such as: to comply with applicable laws, regulations, court orders or legal process, including to respond to any government or regulatory request; to protect your vital interests or the vital interests of another natural person; to protect our operations, business and systems; to protect our rights, privacy, safety or property, and/or that of other users, including you.
5.3.We will disclose Personal Data to any member of our group of companies reasonably necessary for the purposes described in this Privacy Policy.
5.4.We will disclose Personal Data to our trusted third parties which we have engaged to perform business-related functions on our behalf, for example hosting services and customer support providers.
5.5.To enforce our rights arising from any contracts entered into between you and us, including our Terms of Use and this Privacy Policy.
6. Your choice in using the App
6.1. At any time, you can terminate your use of the App and we will stop collecting Personal Data from or related to you. However, we will store and continue to use or make available Personal Data in accordance with our data retention and deletion section in this Privacy Policy.
6.2. Once you terminate your use of the App, your ability to use the full capability of the Product will be impaired.
7. Accessing the Personal Data related to you
7.1. At any time, you can contact us at: support@babysensemonitors.com and request to access the Personal Data that we keep about you. We will need to verify your identity and, if required under applicable law, will make an effort to trace the Personal Data that you request to access.
7.2. If you are entitled to a right of access under applicable law, you can receive a confirmation from us of whether we are processing Personal Data related to you, as well as receive a copy of said Personal Data, thus enabling you to:
• Verify the accuracy of the Personal Data related to you; and
• Request us to correct, amend or delete Personal Data if you think the processing of said Personal Data is in violation of applicable law or if it appears inaccurate, incomplete or not up-to-date. If you provide us with the necessary data to correct it, we will make an effort to act upon your request.
Please note that we will redact Personal Data of others from the data which we will send to you.
8. Data retention and deletion
8.1. We retain different types of Personal Data for different periods, depending on the purposes for processing the Personal Data, our legitimate business purposes and pursuant to legal requirements under applicable law.
8.2. To the extent reasonable, we will delete or de-identify potentially identifiable data, when we no longer need to process the data on an identified basis. We will keep aggregated, non-identifiable data without limitation.
8.3. In any case, as long as you use the App or the Product, we will keep Personal Data related to you, unless the law requires us to delete it.
8.4. If we need to delete Personal Data related to you, it will take some time until we completely delete residual copies of said Personal Data from our active servers and from our backup systems.
9. Data security
9.1. We use physical, administrative, and technical procedures and measures designed to help prevent unauthorized access to Personal Data and maintain data security and confidentiality.
9.2. Although we take appropriate measures to safeguard against unauthorized disclosures of Personal Data, we cannot assure you that Personal Data related to you will never be disclosed, altered, or destroyed in a manner that is inconsistent with this Privacy Policy.
10. Transfer of Personal Data outside your territory
10.1. The Personal Data that we process may be transferred to, processed, or stored outside your territory.
10.2. If you are a resident in a jurisdiction where transfer of Personal Data related to you to another jurisdiction requires your consent, then you provide us your express and unambiguous consent to such transfer.
10.3. We are committed to processing any Personal Data in territories approved by the relevant regulators as having adequate level of data protection; for example, for users residing in the European Union, processing in third countries approved by the EU Commission or using the EU Commission's Standard Contractual Clauses.
10.4. Further information may be obtained by contacting us at: support@babysensemonitors.com.
11. Your rights (for our European Union users)
11.1. If you are a user of our App who is also a resident of a territory of the EU, then more than one lawful ground can apply to any particular type of processing that we perform with the Personal Data related to you.
Accordingly, we process Personal Data related to you on the following lawful grounds:
• All processing of Personal Data related to you that is not based on the lawful grounds indicated below, is based on your consent;
• We process your account details to perform the contract with you;
• We will process Personal Data related to you in order to comply with a legal obligation and to protect your and others’ vital interests;
• We will also rely on our legitimate interests, which we believe are not overridden by your fundamental rights and freedoms, for the following purposes:
o Communications with you, including where you make contact with us through our App;
o Cyber security;
o Support, customer relations, and service operations;
o Enhancements and improvements to yours and other users’ experience with our App and our Product;
o Fraud detection and misuse of the App and the Product.
11.2. The General Data Protection Regulation ("GDPR") provides users (who are EU residents) with specific rights regarding their Personal Data.
11.3. If the GDPR applies to the processing of Personal Data related to you by us, then the terms listed in this section apply, in addition to your rights under this Privacy Policy.
11.4. In addition to your rights under this Privacy Policy, you have the following rights:
• At any time, you can contact us if you want to withdraw your consent to the processing of Personal Data related to you. Exercising this right will not affect the lawfulness of processing based on consent prior to its withdrawal.
• At any time, you can request that we delete the Personal Data related to you or restrict our processing of said Personal Data. We will review your request and, in accordance with applicable law, use our judgment to reach a decision about your request.
• If you exercise one (or more) of the above-mentioned rights, pursuant to the provisions of applicable law, you can request to be informed that third parties that hold Personal Data related to you, in accordance with this policy, will act accordingly.
• You can ask to transfer Personal Data related to you according to your right to data portability.
• Where we rely on our legitimate interest for the processing of the Personal Data related to you, you will have the right to object to the processing of the Personal Data related to you.
• You have the right not to be subject to a decision based solely on automated processing, for example profiling, which produces legal effects concerning you or similarly significantly affecting you.
• You have a right to file a complaint with a data protection supervisory authority of your habitual residence or place of work of an alleged infringement of the GDPR.
11.5. A summary and more details about your rights under EU data protection laws are available on the EU Commission’s website at: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en.
11.6. When you send us a request in order to exercise your rights, we will have to verify your identity and location. We will request you to provide us with certain details or we will ask you questions to verify your identity before acting upon your request to exercise your right.
11.7. We will provide you information on actions taken by us in relation to your request within 30 days.
12. Changes to our Privacy Policy
12.1. We reserve the right to amend this Privacy Policy at our discretion and at any time.
12.2. When we make changes to this Privacy Policy, we will post the updated Privacy Policy in the App and update the Privacy Policy's effective date. Your continued use of our App following the posting of the amended Privacy Policy constitutes your acceptance of said changes.
If there is any change to the purposes of processing the Personal Data, we will inform you via email and/or a prominent notice in the App about the new purpose and, where required by applicable law, will seek your consent for the new purpose.
13. Contact information
13.1. If you have any questions or comments about this Privacy Policy, the ways in which we collect and use the Personal Data described in the Privacy Policy and your choices and rights, please do not hesitate to contact us directly by sending an email to: support@babysensemonitors.com.
13.2. For our users in the European Union: you may also contact our European representative, BS Polska M.Sasiak Sp.K, by sending an email to: info@babysense-polska.pl.
Privacy Policy's effective date: November 08th, 2022.