Effective Date: June 15, 2022
This Policy sets out:
1. We explain the type and usage of your personal information in order to help you understand the type, reason to use and collection mode of specific personal information, which is collected by certain products, services or functions of Ecovacs.
2. Sometime when using certain Ecovacs functions, we will collect some sensitive information upon the receipt of your express authorization, unless such collection is mandatory pursuant to applicable laws (Hereinafter referred to as “Laws”). If you refuse to provide such information, you may be blocked from these functions but generally this should not affect your access to the core functions of products and services offered by Ecovacs.
3. Ecovacs generally will not share or transfer your personal information to any third parties unless otherwise expressly stated in this Policy or required or permitted by the Laws. If sharing or transferring information is necessary, we will explain reasons and obtain your express consent, including through this Policy.
4. You may access, correct or delete your personal information, or withdraw previous consent, cancel your account, file complaints or reports or apply privacy setting to control your personal information.
Understanding this Policy is necessary to use the products and services of Ecovacs. We recommend that you carefully read and understand the full content of this Policy so that you may make relevant choices as you deem appropriate. We have tried to use plain and concise languages and to mark clauses that could materially affect your rights and interests in bold, to bring them to your attention.
If you have any questions, complaints or comments related to this Policy, our implementation of the Law on personal information protection, or would like to exercise your rights as specified below and by the Law, please contact us under the contact information listed in this Policy.
[Our officers in charge of Data Protection: support-APAC@ecovacs.com]
By clicking on the “I agree” button, you are acknowledging that you have carefully read, understand and agree with this Policy. If you do not agree with this Policy, please refrain from using our website and complete the registration of Ecovacs website and products and services, including after having been informed of any change to these conditions, means that you have accepted and agreed with the Policy, and any revisions made. We undertake to comply with applicable laws data protection laws of the place in which you reside) to protect your personal privacy and data security. We also ensure that all of our staff will perform the abovementioned obligations. The purpose of collecting, storing, using and sharing your information is to offer you better services and improve the quality of our products. (e.g. to support the development of new products and function upgrades of existing products in order to provide you high-quality and suitable services). You are not required to provide us any personal information but if you voluntarily share your information listed in this Policy as we requested, you may enjoy better and more convenient services, faster responses and avoid any adverse consequences.
I. How we collect and use your personal information by Ecovacs
(i) Information Type, Collection Mode and Purpose
- Information provided during the registration procedure of your Ecovacs account. When you register Ecovacs account, or use products and services of Ecovacs through your account, we will collect and store your personal information, including your email address, username and password, nickname and portrait (possibly obtained througha third-party software), shipping address, billing address and telephone number, etc. By agreeing to this Policy and providing your information, you are warranting that the personal data you have provided is complete and accurate. You understand and agree that we can use such information to provide products and services to you, process orders and arrange shipment, and offer customer service and communicate with you directly, e.g. to send you emails of new product introductions, account verifications, order confirmations, important changes and updates of service functions, and notices regarding technology and safety, etc. You may refuse to receive such emails or notification by changing your email personal preference settings. Also, you have the right to object to data processing merely for the purposes of direct marketing (i.e. profiling to the extent that it is elated to such direct marketing), at any time and free of charge by contacting [support-APAC@ecovacs.com]
Moreover, we may collect other information of you for the purpose of providing services to you or improving service quality, e.g. to collect relevant information provided when our customer service team contact you, or your survey responses return to us, etc. If you refuse to provide such information, it may affect the quality of our services but you should still be able to use basic functions of services delivered by Ecovacs.
Providing your personal data to Ecovacs means that you:
- declare that you are fully informed about this Policy and that you fully accept this Policy without any reservation; and
- give your free, specific, informed and unambiguous consent to Ecovacs to process or have processed your personal data in accordance with this Policy and the Privacy Legislation applicable at each jurisdiction.
As a consequence, you expressly grant Ecovacs permission to use your personal data to accomplish the purposes set out under the Policy.
- Information collected from the website and mobile application.
To maintain the quality of our services and the safety of your information, when you visit the website or the App and use the services provided by Ecovacs, we may record types and modes of services, the operation information during your services and any other log information in connection with your services including your IP address, system.
When using these general data and information, Ecovacs does not draw any conclusions about the data subject. Rather, this information is needed to (1) deliver the content of our website correctly, (2) optimize the content of our website as well as its advertisements, (3) ensure the long-term viability of our information technology systems and website technology, and (4) provide law enforcement authorities with the information necessary for criminal prosecution in case of a cyber-attack. Therefore, Ecovacs analyses anonymously collected data and information statistically, with the aim of increasing the data protection and data security of our enterprise, and to ensure an optimal level of protection for the personal data we process.
You understand and agree that we can provide your personal information to the competent regulatory agencies pursuant to the laws and regulations,the guidelines, the court orders or any other provisions of legal proceedings, or mandatory requirements imposed by administrative or judicial bodies (Hereinafter referred to as “Laws, etc.”) without your authorization or consent.
II. How we apply Cookie technology or Beacon technology by Ecovacs
- How we apply Cookie technology to automatically collect information. To facilitate your browse activity, when you access to the website or services of Ecovacs, we may identify you through small data files, which may assist you in skipping the repeat input of your information or help determine the safety of your account. This data may include Cookies, Flash Cookies, or other local stored data provided by your web browser or related applications (Collectively referred as “Cookie”). Our system may automatically collect the following information from you through Cookie:
- Information of your device or software, e.g. configuration information of your mobile device, web browser and any other applications connected to our services, your IP address, system version and IMEI of your mobile device;
- Information searched or browsed in the course of our services, e.g. search words on the webpage, URL addresses entered and any other information or details browsed or provided when using our services.
- How we apply Beacon technology to automatically collect information. To further understand your preferences on our products and services, and improve our services, our website may also insert some digital images (namely “single-pixel GIF file” or “Web Beacon”), in order to collect information related to your web search activities, including webpage addresses you access to and cited webpage you previous visited, your browsing environments and display settings.
- Our products and services may contain third parties’ Cookies or Beacon. Our products and services may have imported Cookies and Beacon placed by advertisers or other partners. These Cookies and Beacons may collect non-personal information from you to analyze your usage of services, send advertisements you may be interested in or assess the effects of advertisements. Cookies and Beacons applied by third parties for collecting and using such information are not bound by this Policy but only subject to their own privacy policies. Therefore, we shall not be liable for Cookies or Beacons used by third parties.
- How to refuse to apply Cookie technology or Beacon technology. You can refuse to or manage Cookies or Beacon through your web browser settings. However, please note that if you disable Cookies or Beacons, you may not enjoy the best service and certain services may also be unavailable to you.
III. How we protect your personal information
- Management and policies concerning data security. We undertake to maintain information safety to the level as specified by the Law, etc. In order to keep your information safe, we commit to apply various safety technologies and associated management systems to protect your information from being disclosed, destroyed or lost. We have a personal information protection department. We have also developed a relevant internal control policy, where we seek to only give employees who may access to your information, the least authority and limited information access, sufficient for fulfilling their duties. We have further established access procedures and approval mechanisms to strictly control data.
2. Reporting mechanism for personal information safety accidents. Please understand that due to the limitation of technologies or potential malicious attacks, personal information safety accidents may unfortunately occur due to factors beyond our control. If a safety accident occurs, if required according to the Laws, etc., we will immediately notify you of: general facts and potential influences of the safety accident, measures we have adopted or will adopt, advice for you to protect your information and reduce risks as well as remedial measures, etc. We will inform you of the relevant facts of the accident by email, letter and telephone or by push notifications. If we cannot contact you individually, we will publish notifications in a reasonable and effective manner. We will also report the result of personal information safety accident to regulatory departments if required.
IV. How we entrust, share, transfer and disclose your personal information
(i) Delegated processing and sharing in normal situations
If it is necessary for providing you with better or satisfactory products or services, we may engage third-party service providers to analyze or process your personal information or share your personal information with our affiliates or third-party service providers (please refer to the Annex of this Policy for details).
With regards to our affiliates, please note that we are the headquarters of a global operating group of companies running the website, which has multiple legal entities or affiliates across different jurisdictions. To be specific, among our affiliates, the research and development team, maintenance and customer service team supporting the website will have access to your personal information and will conduct data processing on your personal information.
With regards to third-party service providers who can obtain and/or process your personal information in connection to the website and the App, please refer to the Annex of this Policy for details. We undertake to prompt such service providers to abide by the Law and use your personal information only for the purposes listed in this Policy.
There are also cases where we are required to provide your personal information to the competent regulatory agencies pursuant to the Law, court orders, any other provisions of legal proceedings, or mandatory requirements imposed by administrative or judicial bodies. To the extent permitted by the Law, information sharing under this circumstance does not require your prior authorization or consent.
(ii) Delegated processing and sharing in Digital Advertising & Analytics
With regards to our digital advertising and analytics on user profiling, we or we may partner with advertising networks and other advertising serving providers for the following functions (please refer to the Annex of this Policy for details):
a) to push advertisements on our behalf and others within the website and/or the App;
b) to identify advertising that might be of interest for you and/or for products that can be used with your Device and to present them to you within the website and/or the App; and
c) to analyze the effectiveness of our advertisements presented in the website and/or the App and your interactions with them, which will be conducted in a pseudonymized way.
The involvement of such service providers enables us to pursue our legitimate interests to present you advertisements that suit your individual interests and to perform direct marketing campaigns for our products and services to you. We undertake to prompt such service providers to abide by the Law and use your personal information only for the purposes listed in this Policy.
Additionally, some advertisements provided within the App might be of advertisers other than us, we will not share any of your personal information with such advertisers, nor will such advertisers obtain your personal information directly through the website and/or the App.
(iii) Control Transfer
V. Your rights: How to access to and control your personal information
1. How to access to or correct your personal information. You may refer to our contact information listed at the top of this Policy to request access or correct your personal information which are provided to us but has errors. Such rights will not be affected by international transfer of your personal information. Before any access or correction starts, we may require you to provide some information so to check and verify your identity as the Ecovacs account owner.
2. How to refuse to receive promotion notifications. You may click on “unsubscribe” button in any emails sent by us to refuse to receive promotion notifications. Please note that you may not unsubscribe or refuse to receive any messages related to your account, e.g. account verifications, order confirmations, changes or updates of service functions, or notices regarding technology and safety, etc.
3. Withdraw your consent other than promotion notifications, or to request us to delete your personal information in our storage. You are entitled to withdraw your previous consent to our collection, use or transmission to others, without affecting the validity of the actions and situation based on your previous consent. If you find our collection and usage of your personal information are in violation of the Law or our mutual agreements, you may contact us to request for the deletion of your personal information. Please note that you may not unsubscribe or refuse to receive any emails related to your website and/or App account (e.g. website and App account verifications, order confirmations, changes or updates of service functions, or notices regarding technology and safety, etc.) as long as you did not cancel Ecovacs and/or the App account owner.
4. How to correct your personal information. If you find the personal information we collected and stored has any errors, you may contact us at [www.parts-apac.ecovacs.com] or talk to our online customer service staff, and ask them to correct your information.
5. To ensure data security, we will need to verify your ID, evidence and materials before responding to your requests under the above Paragraph 3 or 4. We will complete the deletion or correction within five (5) business days after the verification; in special circumstances, we will respond to you within not more than thirty (30) days or any period specified by the Laws, etc., with reasonable explanations for the failure of prompt response. Furthermore, we will also notify third parties, who receive your information according to Chapter IV, to respond to your requests under Paragraph 3 or 4.
6. How to cancel your Ecovacs account. You may initiate cancellation of your Ecovacs account in your account setting or contact us at [www.parts-apac.ecovacs.com] and apply for cancellation of your Ecovacs account. Please note that we will delete or de-identify your personal information after the cancellation of your account.
7. Your other rights. If the applicable law provides for your rights other than the above (such as data portability, if applicable), you may contact us at any time by sending an email to us, clearly indicating the right you wish to exercise and attach the documents required for the identification verification process. You may also file a claim with the competent Data Protection Authority in your country.
8. Notwithstanding the foregoing, under the following circumstances, we may not respond to your request pursuant to laws and regulations:
- Directly related to national security or national defence;
- Directly related to public safety, public health or vital public interests;
- Directly related to criminal investigation, prosecution, trial and execution;
- We have sufficient evidence to prove that you conduct acts in bad faith or abuse your rights;
- Responding your request will cause severe damages to your lawful rights and interests or those of any other individuals or organizations; or
- Involving trade secrets.
VI. Statement of liabilities to third parties
Please note that third-party website operators you visit, third-party service access to through us and third parties receiving your personal information from Ecovacs may have separate privacy policies. We encourage you to read and learn about their privacy policies published on their official websites. Please note that we are not directly involved in the abovementioned third parties’ data collection and use, therefore are not liable for this. The third parties’ data collection is bound by their own private policies. However, we will use commercially reasonable efforts to have these third parties adopt data protection measures on your personal information. However, we may not guarantee that they will 100% follow our requirements. You can opt out these third parties’ services, following the corresponding parts in their private policies if you wish them not to further collect or use your personal information.
Ecovacs commits to take (or have) all reasonable measures (taken) to its best ability to safeguard the protection of the personal data through technical safety measures and an appropriate safety policy for its employees. The personal data are stored with Ecovacs, or, if applicable, with the processor of the personal data, on servers located in the United States. You acknowledge and accept that the transfer and storage of personal data is never without risk and consequently, the damage that you may suffer from the unlawful use of your personal data by third parties can never be collected from Ecovacs.
Claims for damages for a breach of duty and in tort, and claims for reimbursement of futile expenses, are excluded with regard to our employees, agents and us.
This limitation of liability shall not apply, if the damage was willfully caused or by gross negligence, or on a breach of material contractual obligations, meaning contractual obligations that enable proper enforcement of the contract in the first place and which the contractual partner can rely on to be fulfilled on a regular basis, and may endanger fulfilling the purpose of the contract if in violation. It shall also not apply to damage caused by injuries to life, limb or health, if we are held responsible for breach of duty. The limitation shall further not apply to damage that is caused by the absence of a warranted quality or for which liability is stipulated under the Law.
IX. Special provision on right to privacy of minors
We expect parents or guardians may instruct minors to use our services. If you are under 18 years old or you are a minor pursuant to the laws and regulations of the place in which you reside, we recommend you to ask your parents or guardians to read this Policy and use our services or provide your information to us with the prior consent from your parents or guardians. If your guardians do not allow you to use our services or provide your information to us according to this Policy, please stop using our services immediately and give a notice on time so that we can react accordingly. Ecovacs will keep personal information of minors confidential and safe in accordance with the relevant laws and regulations of the state.
X. Location of data storage, and cross-border transfer of personal information
(a) Location for storing your personal information. Personal information collected and generated from your use of the website, products and services will be stored in China
(b) International transfer of your personal information. Since we provide products or services based on our resources and servers worldwide, your personal data might be transmitted to a jurisdiction or accessed from a jurisdiction outside of where you locate. Such destination jurisdictions include, (i) the jurisdiction where your personal information is stored (if it is the same as where you locate, the cross-border transfer does not apply); (ii) China, where our registered office, our affiliates which are involved in the website, App, products and services and most of our service providers, are located, and when our employees need to have access to your personal information for handling your issues and also conducting general analysis; (iii) the storage location of some other service providers which serve you on behalf of us through their Api/Sdk integrated into the App, mostly at your located jurisdictions, or at the jurisdiction where their relevant branch resides to peculiarly serve your located jurisdiction (U.S. in Zendesk case); and (iv) some other jurisdictions from where your App account was once logged in, provided that the data storage location for such jurisdictions differs from your domicile country. In particular, if you send to [support-APAC@ecovacs.com] an email, your personal information contained in such email and its delivery will directly enter China, where our email-box server is located. All such international transfers are made in connection by and between the relevant servers housed in third-party cloud facilities and physically located in such jurisdictions, and we will prompt third-party cloud suppliers to adopt appropriate safeguards in compliance with the Law.
XI. Scope of and amendment to this Policy
This Policy applies to all customers and users of Ecovacs products and services.
Whenever possible, the provisions of this Policy shall be interpreted in such a manner as to be valid and enforceable under the applicable law. However, if one or more provisions of this Policy are found to be invalid, illegal or unenforceable, in whole or in part, the remainder of that provision and of this Policy shall remain in full force and effect as if such invalid, illegal or unenforceable provision had never been contained herein.
XIII. Definitions of keywords in this Policy“Affiliates of Ecovacs” in this Policy refer to any companies, legal organizations and their lawful successors that are or will be controlled by one party, or one party is under the control of, or under the common control with ECOVACS Robotics HOLDINGS LINITED related to the data collection, storation, processing.
“Data subject” is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.
Annex: Third Party List
- Operating company: Shanghai MaBang Technology Co., Ltd
- Functions in support: MABANG is an ERP software company and Ecommerce solution organization. the service such as : open stores, build your brand to multichannel, product selection, logistics, supply chain, finance, sales channel expansion, etc.
- What type of your information is accessed: User information
- What permissions of your mobile device is sought: short message notice;
- How to obtain information from our products and services: User information.
- Language Translate & Currency
- Operating company: Fireapps
- Functions in support: auto-translate the store into selected languages What type of your information is accessed: text messageWhat permissions of your mobile device are sought: Nil
- How to obtain information from our products and services: According to your commands or upon our instructions.