DATA PROTECTION POLICY

(Effective Date: January 1, 2020)

The Data Protection Policy set forth below (the “Data Protection Policy”) applies to your use of the Device, Application(s), and any Smart Services accessible through the Device.

We will provide you with an opportunity to give your consent to the terms of this Data Protection Policy and if this Device is using Android operating system, the Google privacy policy as well as part of the Device set up process, and subsequently to the privacy policies of any third-party providers whose services you chose to receive.  By using the Device, Application(s) and/or the Smart Services, you agree to accept the terms and conditions of this Data Protection Policy, and you consent to our use and disclosure of information that is collected by us or submitted by us as described in this Data Protection Policy.

In addition, if this Device is using Android operating system, by using the Device, Android operating system, Application(s) and/or the Smart Services, you agree to accept the terms and conditions of the Google privacy policy as well as the terms of any third-party providers’ privacy policies whose services you chose to receive, and you consent to Google’s and such third-party providers use and disclosure of information that is collected, or submitted, by Google as described in the Google privacy policy, and such third-party providers’ respective privacy policies.

Introduction

We are committed to protecting the privacy of all users of the Device.  The purpose of this Data Protection Policy is to inform you about the types of information we gather about you when you access or submit information through the Device, how we may use that information, and how we share it with third parties.

This Data Protection Policy applies to information about you that is collected by us as set forth herein, including Hisense International Co., Ltd., its affiliates, subsidiaries and/or parents (“we” or “us” or “our” or “ours”). 

This Data Protection Policy does not apply to information that you provide directly to, or is collected by, third parties or Smart Services you access via the Device, each of which are controlled by such third parties and whose use may be governed by a separate privacy policy and/or terms of use.  This Data Protection Policy may reference certain services being provided by third-parties through the Device; you are subject to, and should review, the applicable privacy policy and/or terms of use of any third-party service providers whose services you access via the Device.

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 this 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.

“Smart 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 Smart Services.

2.     INFORMATION WE COLLECT AND HOW WE COLLECT IT

·       Below summarizes our collection, use, and disclosure of personal information:

o    Identifiers from User submitted information such as account creation, in registration forms, in surveys or polls, and communications with our customer service department, for the purpose of i) registering and administration of the hardware and deliver related services; ii) analyzing programming and application usage; iii) internal record keeping and operations; iv) marketing similar products and services; and v) providing customer support.  We will disclose for a business or commercial purpose, but we will not disclose to third parties.

o    Address Information from User submitted information such as account creation, in registration forms, in surveys or polls, and communications with our customer service department, automatic collection from our Devices and Smart Services, for the purpose to i) registering and administration of the hardware and deliver related services; ii) analyzing programming and application usage; iii) internal record keeping and operations; iv) marketing similar products and services; and v) providing customer support.  We will disclose for a business or commercial purpose, but we will not disclose to third parties.

o    Demographic Information from User submitted information such as account creation, in registration forms, in surveys or polls, and communications with our customer service department, for the purpose of i) registering and administration the hardware and deliver related services; ii) providing the Smart Services; iii) internal record keeping; iv) marketing similar products and services; and v) providing customer support.  We will disclose for a business or commercial purpose, but we will not disclose to third parties.

o    Educational History from User submitted information such as account creation, in registration forms, in surveys or polls, and communications with our customer service department, automatic collection from our Devices and Smart Services, for the purpose of i) registering and administration of the hardware and deliver related services; ii) analyzing programming and application usage; iii) internal record keeping and operations; and iv) marketing similar products and services.  We will disclose for a business or commercial purpose, but we will not disclose to third parties.

o    Consumer Preferences from User submitted information such as account creation, in registration forms, in surveys or polls, and communications with our customer service department, automatic collection from our Devices and Smart Services, for the purpose of i) delivering the services and analyzing programming and application usage data; ii) analyzing programming and application usage; iii) internal record keeping; iv) marketing similar products and services; and v) providing customer support.  We will disclose for a business or commercial purpose, but we will not disclose to third parties.

o    TV Viewing History from automatic collection from our Devices and Smart Services, for the purpose of i) analyzing programming and application usage; ii) internal record keeping; iii) marketing similar products and services; and iv) providing customer support.  We will disclose for a business or commercial purpose, but we will not disclose to third parties.

o    Website Browsing Activity from Web tracking technology such as browser cookies, flash cookies, and web beacons, for the purpose of i) Website functionality and security; and ii) advertising and marketing.  We will disclose for a business or commercial purpose and to third party web tracking providers.

·       Personal Information.  In connection with your use of the Device, we may collect various categories of information about you, some of which can be used, either by itself or in combination with other information, to identify or contact you directly, including your name, e-mail address, mailing address, and home or work telephone number (referred to in this Data Protection Policy as “Personal Information”).  We may collect Personal Information that you provide to us at various locations, including upon account creation, in registration forms, in surveys or polls, and when you contact our customer service department in connection with the Device or the Smart Services. 

·       Non-Personal Information.  When you use the Device, we may also collect certain information that, by itself or in combination with other such information, cannot be used to identify or contact you personally, such as demographic information (i.e., your age, gender, education level, profession, zip code, country, etc.) (“Non-Personal Information”).  Non-Personal Information also includes technical information related to your use of the Device, including but not limited to Device performance information, your IP Address, your Device MAC Address, Device usage information, Application usage information, and/or other unidentifiable technical data involving your use of the Device.  Non-Personal Information may also include certain data or information that you provide us through your use of the Device operating system, or your use of the Device, such as query terms you enter into the search functions of the Device, page requests, content or programming accessed or viewed, or data about specific services or applications accessed by you, the date and time of your request, etc. If you expressly Opt-In to the ACR service as described in this Data Protection Policy, Non-Personal Information will also include SmartTV Viewing Data as defined and discussed in the following sections.

·       Personal Information of Children Under Age 13.  We are committed to protecting the Personal Information of children, and recognize that parents, guardians, or other adults may purchase the Device for family use, including by minors.  As such, Smart Services accessed through the Device are not intended for use by individuals under the age of 13 and we will not knowingly collect personal information from individuals under such age for any purpose, nor will we accept registration from such individuals.  In some cases, particularly where information is collected electronically, we may not be able to know whether information was collected from children under age 13, and we treat such information as though it were provided by an adult.  If we learn that a child under the age of 13 has provided any Personal Information, we will use commercially reasonable efforts to delete such information.  WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR THE USE, OR MISUSE, OF SUCH FEATURES BY CHILDREN IN VIOLATION OF THIS DATA PROTECTION POLICY.

·       Cookies and Other Tracking Technologies.  At times, the Device or Application(s) may use “cookies” or other technologies (such as browser cookies, flash cookies, and web beacons).  A “cookie” is a small data file that is placed on the Device and stored locally on the Device.  These technologies help us better understand user behavior, tell us about Smart Services that you have viewed or accessed and help us make your experience with the Device or Application(s) more convenient and customized.  Additionally, cookies and other technologies may be used to collect information about your online activities over time and across third-party websites or other services.  We treat information collected by cookies and other technologies as Non-Personal Information.  However, to the extent that IP addresses or similar identifiers are considered Personal Information by local law, we will treat such identifiers as Personal Information as described in this Data Protection Policy.  See Section 6 of this Data Protection Policy: “YOUR RIGHTS AND CHOICES” for information on how you can disable these tracking technologies.

3.     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:

o   Registering your account on the Device;

o   Providing and maintaining services in connection with the Device;

o   Administering the Device as well as other Smart Services, if applicable, enabled and compatible devices and/or software applications which are connected to your (same) account (including processing any searches or requests for certain Materials, recommending Materials, providing blogs, open forums, discussion pages or personalized features);

o   Internal record keeping; and

o   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.

·       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.  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 (such as ACR services, where applicable) and to other third parties, 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.

·       Combinations of Information.  We may combine Personal Information and Non-Personal Information collected with other data in order to provide and improve services provided in connection with the Device and the Smart Services.  We may also, from time to time, transfer or merge any Personal Information collected off-line to our online databases or store off-line information in an electronic format.  We may also combine Personal Information we collect online with information available from other sources, including information received from our affiliates, marketing companies, or advertisers.  If we combine any Non-Personal Information with Personal Information, the combined information will be treated as Personal Information under this Data Protection Policy for as long as it remains combined.

4.     HOW WE SHARE AND DISCLOSE INFORMATION

There are times where we may share the information described in this Data Protection Policy, and this section describes how we may share such information.

·       Personal Information and Non-Personal Information.  We may share Personal Information and Non-Personal Information as follows:

o   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 Smart Services.

o   With our professional advisors.

o   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).

o   When required to or are permitted to do so by law or valid legal process.

o   With carefully selected third-parties, including suppliers or commercial partners as necessary to provide a service to us or to perform a function on our behalf in connection with the Device and/or the Smart Services.  For any disclosure of your Personal Information by us to a carefully selected service provider or to any service provider referred to in this Data Protection Policy, we will comply with data protection law by ensuring that there are arrangements in place to ensure that the service provider keeps your data secure, does not use your personal information for any purposes other than the purposes we specify and in accordance with the purposes outlined in this Data Protection Policy.

o   With other third-parties solely at your direction and with your express consent, and only for the purposes that you request.

5.     THIRD PARTY MATERIALS, APPLICATIONS AND ADVERTISEMENTS

Third parties who offer Applications or Materials on the Device may collect Personal or Non-Personal Information when you access their Application(s) and Materials on the Device, or their applications through the Device.  We are not responsible for the data collection and privacy practices employed by such third parties or their services, and they may be collecting data about you and may be sharing it with us and/or others.  These third parties and their services may also track you across websites and time, serve you their own advertisements (including interest-based advertisements) and may or may not have their own published privacy policies. 

In addition, when you are on the Device you may be directed to other services that are operated and controlled by third parties that we do not control.  For example, if you browse the Internet and “click” on a link on a website, the link may take you to a different website.  We encourage you to note when you access a new website or application and to review the privacy policies of all third-party locations and exercise caution in connection with them.  We are not responsible for the availability, completeness or accuracy of such third parties’ policies or notices.

6.     YOUR RIGHTS AND CHOICES

Personal Information

We will only retain and use your Personal Information for the purposes for which it was intended, and only for as long as required to provide the Smart Services or as required under contract or applicable laws and regulations.

You have the right to access the Personal Information we possess, to correct any inaccuracies, and to remove it when no longer needed for the purposes described in this Data Protection Policy or if you identify that it is being used for purposes you have not consented to, and oppose such usage by us, which you must clearly express.

If you would like to access, correct, or remove your Personal Information from our databases, please email us at customercare@hisense-usa.com or call 1-888-935-8880.

If we receive a request to access, correct, or remove your Personal Information, we will make reasonable efforts to do so as soon as reasonably practicable.  If you request removal of your Personal Information, you acknowledge that your Personal Information may continue to exist in a non-erasable form that will be difficult or impossible for us to locate, and for archival file purposes, we reserve the right to retain any information removed from, or changed in our active databases for non-commercial purposes including for dispute resolution, improving the Smart Services, troubleshooting problems, and enforcing the End User Terms and Conditions and this Data Protection Policy.  This paragraph does 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 data removal shall be justified under the applicable legislation.

All users of the Device are required to provide true, current, complete and accurate Personal Information when prompted, and we will reject and delete any entry that we believe in good faith to be incorrect, false, falsified, or fraudulent, or inconsistent with or in violation of the Data Protection Policy.

Cookies

Almost all browsers allow the blocking of cookies in their entirety, the removal of existing cookies or the warning against cookies to prevent them from being placed on your Device. Further information on this can be found in the documentation or help file of your browser or at www.aboutcookies.org.  Please note that blocking cookies can significantly affect the use of the websites.  Some features of our websites cannot be offered without the use of cookies.

If you want to clear cookie data stored on the Device, please go to “Home”, “Settings”.

Interest-Based Advertising

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.

7.     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 Smart 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 Smart 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 Smart 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.

8.     BULLETIN BOARDS AND OTHER PUBLIC AREAS

We may offer bulletin boards or other public functions on the Device and/or Smart 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 Smart 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-party websites.  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.

9.     INTERNATIONAL TRANSFER OF INFORMATION

We may transfer and store Personal Information you provide to us in connection with your use of the Device on servers located in countries outside of your jurisdiction.  We may also transfer Personal Information we collect from you to the People's Republic of China or to other countries outside of your jurisdiction to us or to the third parties referred to in this Data Protection Policy.  By providing your personal information to us, you consent to us transferring your information outside of your jurisdiction.

10.  DO NOT TRACK SETTINGS

Certain State laws require that we indicate whether we honor “Do Not Track” settings in your browser concerning targeted advertising. “Do Not Track” is a standard that is currently under development. As it is not yet finalized, we adhere to the standards set out in this Data Protection Policy and do not monitor or follow any Do Not Track browser requests.

11.  YOUR CALIFORNIA PRIVACY RIGHTS

Data Subject Rights – California Residents

This portion of our Data Protection Policy advises California residents of the applicable rights as provided in the California Consumer Privacy Act (“CCPA”) and how to effectuate these rights by communicating with us. Please note, we will seek to verify your identity when we receive an individual rights request from you in order to ensure the security of your personal information.

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. 

12.  DATA PROTECTION POLICY VERSIONS AND CHANGES

We reserve the right to change this Data Protection Policy at any time or for any reason and will post any changes to this Data Protection Policy within a reasonable period after they go into effect.  If we make any material changes that have a significant effect on the way we use or disclose your information, we also will announce the changes in a more prominent way, such as on our website, the Device or Smart Services.  This Data Protection Policy will remain in full force and effect as long as you are a user of the Device, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.

The latest version of the Data Protection Policy will always be available at your Device “Home”> “Settings”.

CONTACT US

You may exercise any of the rights described above by calling or emailing us at the phone number or 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.

Please direct any additional questions you may have regarding this Data Protection Policy to the Customer Service Director at Hisense USA Corporation via phone, email or regular mail to:

HISENSE USA Corporation

ATTN: Customer Service Director

7310 McGinnis Ferry Road, Suwanee, GA, 30024

Phone: 1-888-935-8880

Email: customercare@hisense-usa.com