EMARK INNOVATIONS privacy policy V4
Effective Date: 24rt
September 2018
Updated: 23rd March 2024
EMARK INNOVATIONS and subsidiaries (“we”, “us”, “our”, “EMARK
INNOVATIONS”) are committed to protecting your privacy. This Privacy Policy
(“Policy”) describes our practices in connection with information privacy on
Personal Data we process through your individual use of the following services,
products, and related mobile applications (collectively, the “Products”):
Bharat Switch Mobile Application
Before you use our Products, please carefully read through this Policy
and understand our purposes and practices of collection, and processing of your
Personal Data, including how we use, store, share and transfer Personal Data.
In the Policy, you will also find ways to execute your rights of access,
update, delete or protect your Personal Data.
When you accept this Policy when you register with your Personal Data,
or if you start to use our Products and does not expressly object to the
contents of this Policy, we will consider that you fully understand and agree
with this Policy. If you have any questions r regarding this Policy, please do
not hesitate to contact us via:
Email: info@emarkinnovations.com or Contact us through phone at +919992999811 and you can Write us at M/S EMARK INNOVATIONS, 49-12-1/1A, IRR, Kandrika, Vijayawada, Andhra Pradesh-520015, INDIA. Definition
In this Policy, Personal Data means information generated, collected,
recorded, and/or stored, electronically or otherwise, that can be used to
identify an individual or reflect the the activity of an individual, either
from that information alone or from that information and other information we
have access to about that individual.
Personal Sensitive Data includes personal biometric information,
communication records, and contents, health information, transaction
information, and precise location information. When we collect Personal
Sensitive Data from you, we will generate an explicit notification for your
consent before we collect personal sensitive data about you.
Smart Devices refers to those computing devices produced or manufactured
by hardware manufacturers, with human-machine interface and the ability to
transmit data that connect wirelessly to a network, including smart home
appliances, smart wearable devices, smart air-cleaning devices, etc.
Apps refer to those mobile applications developed by EMARK
INNOVATIONS that provide end-users remote control to Smart Devices and with the
ability to connect to the supplier IoT Platform.
What Personal Data do we collect
To provide our services to you, we will ask you to provide the necessary
Personal Data that is required to provide those services. If you do not provide
your Personal Data, we may not be able to provide you with our products or
services.
1. Information You Voluntarily Provide Us
·Registered Account Data: When you register an account with us, we may
collect your name and contact details, such as your email address, phone
number, user name, and login credentials. During your interaction with our
Products, we may further collect your nickname, profile picture, country code,
language preference, or time zone information into your account.
·If you authorize login to the Products with a third-party account, we
will obtain from such third party your account information (such as portrait,
nickname, region, gender, etc.) which may be bound with your EMARK INNOVATIONS account
for quick login. We will ensure compliance with applicable data protection laws
and regulations, as well as agreements, policies, or documentations, agreed
with such third party regarding sharing personal information, in processing
your Personal Data.Non-registered Account: If you do not want to provide your
account data when you start to use any of the Services, you may use the App
without logging in or creating an account, namely the “Try Now” mode, and you
may still use certain Services, such as searching and browsing any features on
the App by creating a guest ID. When you are using the In "Try Now"
mode, we will not collect Personal Data related to your account. Collection and
use of the Personal Data collected here will be limited to: the time of
entering the App, the operating system of your mobile phone, and the purposes
you have authorized in using the additional functions of the App and/or the
Smart Devices. For instance, if you enable the location setting in In the
"Try Now" mode, the location data will be uploaded for supporting the
function. Once you exit from the "Try Now" mode, we will remove your
data instantly and permanently.
However, if the Services you request or purchase are based on your
account, please go to the registration/login page for guidance.
·Feedback: When using feedback and suggestion features in our Products,
we will collect your email address, mobile phone number, and your feedback
content to address your problems and solve device failures on a timely basis.
Information based on additional functions:
Confirm: the system permissions that allow in your App
To offer you more convenient and higher-quality Services with optimized
user experiences, we may collect and use certain information if you consent to
use additional functions in the App. Please note, that if you do not provide
such information, you may continue to use basic Services of the App and
connected Smart Devices, but certain features based on these additional
functions may not be available. These additional functions may include:
1)Additional functions based on location information:
When you enable the location-based functions through permission settings
on your mobile device, we will collect and process your location information to
enable these functions, such as pairing with your Smart Devices. Also, we may
collect information about your: a) real-time and precise location, for instance
when you choose to use the automation scenarios for controlling your Smart
Devices, or b) non-precise geo-location when you use certain Smart Devices or
the Services, such as robot cleaner and weather service.
Based on your consent, when you enable the geo-fence feature, your
location information will be generated and shared with Google Maps services.
Please note that Google has a corresponding data protection measures, which you
may refer to as Google’s Data Processing and Security Terms for more details.
You may disable the collection and use of your location information by
changing your mobile device settings ("My - Setting - Privacy Right
Setting - Switch on/off Location Information"), upon which we will cease
to collect and use your location information.
2)Additional services based on camera:
You may use the camera to scan the code by turning on the camera
permission to pair with a Smart Device, take video, etc. Please be aware that
even if you have agreed to enable the camera permission, we will only obtain
information when you actively use the camera for scanning codes, video
recording, etc.
You may opt out of the use of camera permission: "My - Setting -
Privacy Right Setting - Switch on/off Camera".
3)Additional services for accessing and uploading pictures/videos based
on photo albums (picture library/video library):
You can use this function to upload your photos/pictures/videos after
turning on the photo album permission, to realize functions such as changing
the avatar, reporting device usage problems by providing photo proofs, etc.
When you use the photos and other functions, we will not recognize this
information; but when you report a device usage problem, we may use the
photos/pictures you upload to locate your problem.
You may opt-out of the use of photo album permission: "My - Setting
- Privacy Right Setting - Switch on/off Photo Album".
4)Additional services related to microphone-based service:
You can use the microphone to send voice information after turning on
the microphone permission, such as shooting videos, waking up the voice
assistant, etc. For these functions, we will collect your voice information to
recognize your command. Please be aware that even if you have agreed to enable
the microphone permission, we will only obtain voice information through the
microphone when you voluntarily activate the microphone in the App.
You may opt-out of the use of microphone permission: "My - Setting
- Privacy Right Setting - Switch on/off Microphone".
5)Additional services based on storage permission (Android):
The purpose is to ensure the stable operation of the App by utilizing
the storage permission. After you give or indicate the permission to read/write
your mobile device’s storage, we will access pictures, files, crash log
information, and other necessary information from your mobile device’s storage
to provide you with functions, such as information publications, or record the
crash log information locally.
You may opopt-outf the use of storage permission: "My - Setting -
Privacy Right Setting - Switch on/off Storage".
6)Additional services based on Notification permission:
The reason why we ask you for the permission is to send you
notifications about using the Smart Devices or Services, especially if you have
purchased security services and you require an alert or message so that you can
capture the real-time status.
You may opt out of the use of the App notifications: "My - Message
Center - Setting - Switch on/off Notifications".
7) Additional services based on Alert Window permission:
You may choose to bind a camera in the App and require the App to
display the real-time image of the camera in a separate window.
You may opt-out of the use of alert window information: "My -
Setting - Privacy Right Setting - Switch on/off Alert Window".
8) Additional services based on Bluetooth permission:
You can enable Bluetooth functions after turning on the permission,
including controlling the Smart Devices, acquiring the status of, discovering,
and configuring Smart Devices. In these functions, we will communicate with
Smart Devices via Bluetooth. Please be aware that even if you have agreed to
enable the Bluetooth permission, we will only use Bluetooth for communication
in these scenarios: a display device status on the home page and Smart Device
panel; perform device control on the home page and Smart Device panel;
discovering Smart Devices on the home page and the add device page, Smart
Device distribution network.
You may opt-out of the use of Bluetooth via "My - Settings -
Privacy Setting - Disable/Enable Bluetooth permission".
9)Additional
services based on HomeKit permission (iOS):
You can enable related functions after enabling HomeKit permissions,
including discovering Smart Devices, enabling Smart Device network
configuration, controlling Smart Devices, and checking device status. Among
these functions, we will process data with the "Home“ An app that comes
with the iOS system through HomeKit. Please be aware that even if you have
agreed to enable the HomeKit permission, we will only use it in these
scenarios: on the home page, to discover HomeKit devices, HomeKit device network
configuration; in "Settings - HomeKit" for discovering HomeKit
devices, HomeKit device network configuration.
You may opt-out of the use of HomeKit permission via "My - Settings
- Privacy Settings-Turn off/on HomeKit permission".
10)Additional
services based on HealthKit (iOS):
You can proactively enable related functions after enabling HealthKit
permission, including statistics on weight, height, running and swimming. In
these functions, we will exchange data with the health-related functionalities
that come with the iOS system through HealthKit. Please be aware that even if
you have agreed to enable HealthKit permission, we will only use them in these
scenarios: when you use the health-related Smart Device, such as body fat
scales, bracelets, watch and consent to use the HealthKit, the data reported by
the Smart Device will be transferred to HealthKit.
You may opt-out of the use of HealthKit permission via "My -
Settings - Privacy Settings - Turn off/on HealthKit permission".
Please note that if you turn on any permission, you authorize us to
collect and use relevant personal information to provide you with corresponding
Services. Once you turn off any permission, we will take it as canceling the
authorization, and we will no longer continue to collect Personal Data based on
the corresponding permissions, and the related functions may be terminated.
However, your decision to turn off the permission will not affect the previous
collection and use of information based on your authorization.
2. Information We Collect Automatically
·Mobile Device Information: When you interact with our Services,
to provide and maintain the normal operation of our Services, to improve and
optimize our Services, and to protect your account security as well, we
automatically collect mobile device information, such as mobile device model
number, IP address, wireless connection information, the type, and version of
the operating the system, application version number, push notification
identifier, log files, and mobile network information. Meanwhile, we will
collect your software version number. To ensure the security of the operating
environment or to provide services, we will collect information about the
installed mobile applications and other software you use.
·Usage Data: During your interaction with our websites and
Services, we automatically collect usage data relating to visits, clicks,
downloads, messages sent/received, and another user of our websites and
Services.
·Log Information: When you use the App, to improve your user
experience, the system and exception log maybe uploaded, including your IP
address, language preference setting, operating system version, date or time of
access, so that we can facilitate and accurately identify problems and help you
solve them promptly.
Please note that we cannot identify a specific
individual by using device information or log information alone. However, if
these types of non-personal information, combined with other information, may
be used to identify a specific individual, such information will be treated as
Personal Data. Unless we have obtained your consent or unless otherwise
provided by data-protection laws and regulations, we will aggregate or
desensitize such information.
3. Smart Devices Related Information:
·Basic Information of Smart Devices: When you connect your Smart
Devices with the Services, we may collect basic information about your Smart
Devices such as device name, device ID, online status, activation time,
firmware version, and upgrade information.
·Information collected during the process of connecting to a Smart
Device: Based on the type of Smart The device you need to connect, the
basic information collected includes: Wi-Fi information, device MAC address,
etc.
·Information Reported by Smart Devices: Depending on the
different Smart Devices you elect to connect with our Products or Services, we
may collect different information reported by your Smart Devices. For example, Please
enter information about the smart device report.
·Please note that when you actively agree to enter the App name and the
application is connected to the Apple Health(or some other Health-related
platform, name it?), we will share your measurement data with Apple Health
(including only your BMI, height, weight, and body fat% data). The purpose of
sharing data is only to measure and analyze health-related indicators related
to you, and it will never be disclosed to other third parties. You can close at
any time by managing the HealthKit settings page.
Purposes and legal basis for processing Personal Data
The purpose for which we may process information about you are as
follows:
·Provide You with Our Services: We process your account data,
mobile device information, usage data, location information, and Smart Device
related information to providing you with the Services that you have requested.
The legal basis for this processing is to perform our contract with you
according to the user agreement or some other terms of the user? Confirm.
·Improve Our Services: We process your mobile device information,
usage data, location information and Smart Device related information to ensure
the functions and safety of the Services, to develop and improve the Services,
to analyze the efficiency of our operations and to prevent and trace fraudulent
or inappropriate usage. The legal basis for this processing is to perform our
contract with you according to our user agreement or some other terms of the
user? Confirm.
·Non-marketing Communication: We process your Data to send you
important information regarding the Services, changes to our terms, conditions,
and policies, and/or other administrative information. At the same time, we
will also send you notifications related to the services you have purchased,
such as alert services. You can check the “App Notification” in the App
("Me &rt; Message Center &rt; Setting &rt; Notification
Setting”) to manage these communications. When you decide not to enable the
Notifications function, we will no longer process your information for such
purpose. The legal basis for this processing is to perform our contract with
you according to our user agreement or some other terms of user? Confirm.
·Data Analysis: To analyze the usage of the products we provide
and improve your user experience, we will analyze the data you provide us, a)
we need to check your problems when you encounter any malfunctions during the
usage of the product, under such circumstance, you may not able to opt-out
because it is highly related to your functionalities and quality of using our
product and service, and b) analyze data about how you interface with the
product or under particular scenarios so that you can better enjoy the convenience
brought by our Services, under such circumstance, if you do not agree to data
analysis of your data, you can enter the privacy settings of the opt-out app
(“My &rt; Settings &rt; Privacy Settings &rt; Data Analysis”) to
opt-out your selection. The legal basis for such processing is based on your
consent.
·Marketing Communication and Personalization: We may process your
account data, usage data, device information to personalize product design and
to provide you with services tailored for you, such as recommending and
displaying information and advertisements regarding products suited to you, and
to invite you to participate in surveys relating to your use of the Services.
If you do not allow us to process your Personal Data for personalization, you
may opt out when you enter the App, or by changing your preferences in “Privacy
Settings” (“Me&rt; Settings &rt; Privacy Settings &rt;
Personalization”) in the App. The legal basis for this processing is your
consent.
·Legal Compliance. We disclose information if we are legally
required to do so, or if we have a good faith the belief that such use is
reasonably necessary to:
·comply with a legal obligation, process, or request;
·enforce our User Agreement and other agreements, policies, and
standards, including investigation of any potential violation thereof;
·protect the rights, property or safety of us, our users, a third party,
or the public as required or permitted by law; or
·detect, prevent or otherwise address security, fraud, or technical
issues.
If there is any change in the purposes for processing your data, we will
inform you of such changes to you via email and/or a prominent notice on our
website of such changes of purposes, and choices you may have regarding your
Personal Data.
Who do we share Personal Data?
At EMARK INNOVATIONS, we only share Personal Data in ways that we tell
you about.
We may share your Personal Data with the following recipients:
·To our third-party service providers who perform certain
business-related functions for us, such as website hosting, data analysis,
payment and credit card processing, infrastructure provision, IT services,
customer support service, e-mail delivery services and other similar services
to enable them to provide services to us.
·To our customers and other business partners who provide you, directly
or indirectly, with your Smart Devices, and/or networks and systems through
which you access and use our websites and Services.
·To subsidiaries or affiliates within our corporate family for purpose
of regular business activities based on our instructions and in compliance with
applicable law, this Policy and other appropriate confidentiality and security
measures.
·To an affiliate or other a third party in the event of any
reorganization, merger, sale, joint venture, assignment, transfer, or other
disposition of all or any portion of our business, assets, or stock (including
without limitation in connection with any bankruptcy or similar proceedings).
In such an event, you will be notified via email and/or a prominent notice on
our website of any change in ownership, and choices you may have regarding your
Personal Data.
·As we believe in good faith that accesses to, or use, preservation, or
disclosure of the information is reasonably necessary or appropriate to:
(a)Comply with applicable law, regulation, legal process, or lawful
governmental request;
(b)Enforce our User Agreement and other agreements, policies, and
standards, including investigation of any potential violation thereof;
(c) Protect our operation and business systems;
(d)Protect the rights, property, or safety of us, our users, a third
party or the public as required or permitted by law; or
(e)Perform risk management, screening, and checks for unlawful,
fraudulent, deceptive, or malicious activities.
Except for the third parties mentioned above, we only disclose your
Personal Data to other third parties with your consent.
International Transfer of Information Collected
EMARK INNOVATIONS will comply with applicable data localization
requirements in corresponding jurisdictions concerning the storage of data. To
facilitate our operation, we may transfer, store and process your Data in
jurisdictions other than where you live. Laws in these countries may differ
from the laws applicable to your country of residence. When we do so, we will
ensure that an adequate level of protection is provided for the information by
using one or more of the following approaches:
·Agreement based on approved EU standard contractual clauses per GDPR
Art. 46. For more information,
see https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en.
If you would like further detail on the safeguards we have in place, you
can contact us directly as described in this Privacy Policy.
Your Rights Relating to Your Personal Data
We respect your rights and control over your Personal Data. You may
exercise any of the following rights:
We are providing 2 approaches for the individual user to execute their
privacy rights, for instance, via the privacy office email address; info@emarkinnovations.com,
or via the route of Feedback is embedded in the App. You do not have to pay a fee and we will aim to respond to you within 30
days. If you decide to email us, in your request, please make clear what
information you would like to have changed, whether you would like to have your
Personal Data deleted from our database or otherwise, let us know what
limitations you would like to put on our use of your Personal Data. Please note
that we may ask you to verify your identity before taking further action on
your request, for security purposes.
You may:
·Request access to the Personal Data that we process about you:
"My-Setting-Privacy Settings-Personal Data Export";
·Request that we correct inaccurate or incomplete Personal Data about
you: 1) Modify your account number (email address or phone number):
"My-Setting-Account and Security-Change your Account"; 2) Modify the
nickname and/or time zone: "My-Personal Information";
·Request deletion of Personal Data about you: "My-Setting-Account
and Security-Delete Account", when you confirm the deletion of your
account, your Personal Data will be deleted accordingly.
·Request restrictions, temporarily or permanently, on our processing of
some or all Personal Data about you: Please send over your request through
"My-FAQ & Feedback", or send over the email request to Confirm:
the email box.
·Request transfer of Personal Data to you or a third party where we
process the data based on your consent or a contract with you, and where our
processing is automated: Please send over your request through "My-FAQ
& Feedback", or send over the email request to Confirm: the email box.
·Opt-out or object to our use of Personal Data about you where our use
is based on your consent or our legitimate interests.
Withdrawal of consent Confirm the following details: We will exercise
your privacy right to withdraw consent through the following approaches:
1)For privacy permissions acquired through device system settings, your
consent can be withdrawn by changing device permissions, including confirming:
location, camera, photo album (picture library/video library), microphone,
Bluetooth settings, notification settings and other related functions;
2)You may opt out the non-marketing communication through “Me &rt;
Message Center &rt; Notification Settings” to manage your selection;
3)You may opt-out of the data analysis features through “Me &rt;
Settings &rt; Privacy Settings”;
4)You may opt out the Personalization feature through “Me &rt;
Settings &rt; Privacy Settings &rt; Personalization”;
5)Unbind the Smart Device through the App, and the information related
to the Smart Device will not be collected;
6)By using products with the "Try Now" mode, and not
enable certainly location setting for a particular smart scene, we
will not collect any Personal Data about you;
7)If you previously agreed to associate App account with a third-party
service, such as a health platform, please unbind it on the third-party
platform.
When you withdraw your consent or authorization, we may not be able to
continue to provide you with certain products or services correspondingly.
However, the withdrawal of your consent or authorization will not affect the
processing of personal information based on your consent before the withdrawal.
About Deletion of the Account: You can find the Delete
function through “Me &rt; Settings &rt; Account and Security &rt;
Delete Account” (Deactivate Account)
Security Measures
We use commercially reasonable physical, administrative, and technical
safeguards to preserve the integrity and security of your Personal Data. EMARK
INNOVATIONS provides various security strategies to effectively ensure
data security of user and device. As for device access, EMARK INNOVATIONS' proprietary
algorithms are employed to ensure data isolation, access authentication,
applying for authorization. As for data communication, communication using a
security algorithms and transmission encryption protocols and commercial
level information encryption transmission based on dynamic keys are
supported. As for data processing, strict data filtering and validation and
complete data audits are applied. As for data storage, all confidential
information of users will be safely encrypted for storage. If you have reason
to believe that your interaction with us is no longer secure (for example, if
you feel that the security of any account you might have with us has been
compromised), you could immediately notify us of the problem by emailing Please
enter your private email address.
Data Retention
We process your Personal Data for the minimum period necessary for the
purposes set out in this Policy, unless there is a specific legal requirement
for us to keep the data for a longer retention period. We determine the
appropriate retention period based on the amount, nature, and sensitivity of
your Personal Data, and after the retention period ends, we will destruct your
Personal Data.
·For as long as you require us to fulfill the products and services you
request from us as defined in the Confirm user agreement or some other terms of
use;
·Personal Data will no longer be retained when you request to remove
your Personal Data, we will accordingly, complete the task.
When we are unable to do so for technical reasons, we will ensure that
appropriate measures are put in place to prevent any further such use of your
Personal Data.
Children’s Privacy
Protecting the privacy of young children is especially important to us.
The Services are not directed to individuals under the age of thirteen (13) (or
such other age provided by applicable law in your country/region of residence),
and we request that these individuals do not provide any Personal Data to us.
We do not knowingly collect Personal Data from any child unless we first obtain
permission from that child’s parent or legal guardian. If we become aware that
we have collected Personal Data from any child without permission from that
child’s parent or legal guardian, we will take steps to remove that
information.
Changes to this Privacy Policy
We may update this Privacy Policy to reflect changes to our information
practices. If we make any material changes we will notify you by email (send to
the e-mail address specified in your account) or using a notice in the mobile
applications before the change becoming effective. We encourage you to
periodically review this page for the latest information on our privacy
practices.
Contact Us
If you have any questions about our practices or this Privacy Policy,
please contact us as follows:
EMARK INNOVATIONS Private Limited.
Postal Mailing Address: 49-12-1/1A, IRR, Kandrika, Vijayawada, Andhra Pradesh-520015,
INDIA.Email: Info@emarkinnovations.com