Effective as of:
February 01, 2022
Outsmart™ Automation and its Affiliates (as hereinafter defined) (“we”, “us”, “our”,
or “Outsmart”) are committed to protecting your privacy. Outsmart Privacy Policy (this “Policy”) describes our practices in
connection with information privacy on Personal Data (as hereinafter defined)
we process through your use of our services (for instance, products, the Outsmart™ Mobile Application (the “App”) (collectively, the “Services”).
Before you start using the Services, please carefully read this
Policy which details our purposes for collecting and processing your Personal
Data, as well as how we use, store, share and transfer your Personal Data. In
this Policy you will also find ways to exercise your rights of access, update,
delete or protect your Personal Data.
If you have any question regarding this Policy, please do not
hesitate to contact us.
You are not obliged to provide to us your Personal Data (as
defined below). However, we may be unable to provide you with certain products
and/or Services if you decline to provide such data.
DEFINITIONS
In this Policy:
Affiliate means any company, firm
or legal entity that: (1) is directly or indirectly controlled by Outsmart; or (2) directly or indirectly controls Outsmart; or (3) jointly with Outsmart, controls the same
company; or (4) is, directly or indirectly, under common control of the same
company with Outsmart. Affiliates shall
include, without limitation, Outsmart parent companies,
subsidiaries, and such subsidiaries under common control of the same parent
company as Outsmart.
Personal Data means information
generated, collected, recorded and/or stored, electronically or otherwise, that
can be used to identify an individual or reflect 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, etc. according to
various data protection laws and regulations. When we collect Personal
Sensitive Data from you, we will generate an explicit notification for your
consent before we collection 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.
WHAT PERSONAL DATA DO WE COLLECT?
In order to provide the Services to you, we will ask you to
provide 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
the Services.
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 Outsmart
services, such as searching and browsing any features on the Services, by
creating a guest ID. When you are using the Try Now mode, we will not collect
Personal Data, the only data being collected is the time of entering the App,
operating system of your mobile phone, etc. Use of the data collected here will
be limited to 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 the Try Now mode, the location data will be uploaded for
supporting the function. Once you have 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.
1. INFORMATION YOU VOLUNTARILY PROVIDE TO US
Account Data: When you register an account with us, we may
collect your account name and contact details, such as your email address,
phone number, user name, and login credentials. During your interaction with
the Services, 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 Services 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 Outsmart
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.
Feedback: When using feedback and suggestion features in the
Services, 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:
In order to offer you with 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,
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 Device, 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 corresponding data protection measures,
which you may refer to Google Data Protection Terms for more details. You may
disable the collection and use of your location information by managing the
device level settings, 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.
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, so as 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.
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.
5) Additional services based on storage permissions:
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.
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
previous collection and use of information based on your authorization.
2.
INFORMATION WE COLLECT AUTOMATICALLY
Mobile Device Information: When you interact with our Services,
in order to provide and maintain the common operation of our services, improve
and optimize our service, and protect your account security as well, we
automatically collect device information, such as mobile device model number,
IP address, wireless connection information, operating system type and version,
mobile hardware serial number (a unique mobile identifier, which is a string
representing the device manufacturer coded in the mobile device), Android ID,
application version number, push notification identifier, log files, and mobile
network information.
Usage Data: During your interaction with our websites and Services,
we automatically collect usage data relating to visits, clicks, downloads,
messages sent/received, and other usage of our websites and Services.
Log Information: When you use the App, the system and exception
log may be uploaded.
Please note that one 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 and 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 Reported by Smart Devices: Depending on the
different Smart Devices you elect to connect with the Services, we may collect
different information reported by your Smart Devices. For example, smart
weights or fitness trackers may report your height, weight, body fat mass (BFM),
BMI and skeletal muscle mass (SMM); smart cameras may report images or videos
captured by it. Particularly,when you proactively consent to the
Services**** connecting with third party Health platform to enable the
fundamental feature for you (such as Apple Health, Google Fit, Fitbit, etc), we
will share your health data (exclusively to your BMI, height, weight and body
fat%) with them for the sole purpose of measuring and analyzing heath related
indicators about you. We will not disclose such health data to any other third
party. You may disconnect the Services with third party Health platform at any
time by managing your health settings on your mobile device.
PURPOSES AND LEGAL BASIS FOR PROCESSING PERSONAL DATA
The purpose for which we may process information about you are
as follows:
Provide You Services: We process your account and profile data,
device information, usage data, location information, and Smart Device related
information to provide you with the Services and Services that you have requested.
The legal basis for this processing is to perform our contract with you
according to our User Agreement.
Improve Our Services: We process your 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 and
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.
Non-marketing Communication: We process your Personal 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; Settings on the upper right corner &rt; App Notification &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.
Data Analysis: In order 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 relate 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 Outsmart App (“My &rt; Settings at the upper right corner &rt; Privacy Settings &rt;
Data Analysis”) to opt-out your selection. The legal basis for such processing
is based on your consent.
Personalization: We may process your account and profile 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 at the upper right corner &rt; Privacy Settings &rt;
Personalization” in the App. The legal basis for this processing is your
consent.
Marketing Communication: We may process your Personal Data to
provide marketing and promotional materials to you on the Services. If we do
so, each communication we send you will contain instructions permitting you to
opt-out of receiving future communications of that nature. If you do not agree
to Outsmart sending you marketing communications, you may opt out when you
enter the App, or by changing your preferences in [Privacy Settings] of the
App. The legal basis for this processing is your consent.
Legal Compliance: We may process your Personal Data as we
believe to be necessary or appropriate:
a) to comply with applicable laws and regulations;
b) to comply with legal process;
c) to respond to requests from public and government
authorities;
d) to enforce our terms and conditions;
e) to protect our operations, business and systems;
f) to protect our rights, privacy, safety or property, and/or
that of other users, including you; and
g) to allow us to pursue available remedies or limit the damages
that we may sustain.
l If there is any change in the purposes for processing your
Personal Data, we will inform such change to you with 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 WITH?
At Outsmart, we only share Personal Data in ways that we tell
you about. We do not sell you Personal Data to third parties. Without your
consent, we will not disclose your Personal Data to third-party companies,
organizations, or individuals except in the following cases:
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 Privacy Policy and other appropriate
confidentiality and security measures.
To an affiliate or other 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 access 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 Terms of Use and other agreements, policies, and
standards, including investigation of any potential violation thereof
(c) Protect the rights, property or safety of us, our users, a
third party or the public as required or permitted by law.
(d) Perform risk management, screening and checks for unlawful,
fraudulent, deceptive or malicious activities.
DATA TRANSFER
Outsmart operates in South East Asia (SEA), and Personal Data may be transferred, stored and processed outside of the country or region where it was initially collected. Also, the applicable laws in the countries and regions where we operate may differ from the laws applicable to your country of residence. Under the Personal Data protection framework and in order to facilitate our operation, we may transfer, store and process your Personal Data in jurisdictions other than where you live.
We protect Personal Data in accordance with this Privacy Policy
wherever it is processed and take appropriate contractual or other steps to
protect it under applicable laws.
DATA SUBJECT RIGHTS
We respect your rights and control over your Personal Data. You
may exercise any of the following rights:
Via the “Me &rt; Settings &rt; Account and Security” or via “Me
&rt; FAQ&Feedback” in the Services (for Product version 3.2 and later).
1) For privacy permissions acquired through device system
settings, your consent can be withdrawn by changing device permissions,
including 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; Settings at the upper right corner &rt; Notification Settings” to manage
your selection;
3) You may opt-out the data analysis features through “Me &rt;
Settings at the upper right corner &rt; Privacy Settings”;
4) You may opt-out the Personalization feature through “Me &rt;
Settings at the upper right corner &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 product with the visitor mode, we will not collect
any profile data about you.
When you withdraw your consent or authorization, we may not be
able to continue to provide you with the products or services correspondingly.
However, your 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 at the upper right corner &rt; Account and Security
&rt; Delete Account” (“Deactivate Account” for the App version under 3.16.5).
SECURITY MEASURES
We use commercially reasonable physical, administrative, and
technical safeguards to preserve the integrity and security of your Personal
Data. Outsmart provides various security strategies to effectively ensure data
security of user and device. As for device access, Outsmart proprietary
algorithms are employed to ensure data isolation, access authentication,
applying for authorization. As for data communication, communication using
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 audit
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 support@outsmart.sg
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.
1- For as long as you require us to fulfill the products and
services you request from us as defined in the User Agreement;
2- 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 POLICY
We may update this Policy to reflect changes to our information
practices, at least on an annual basis. If we make any material changes we will
notify you by email (send to the e-mail address specified in your account) or
by means of a notice in the mobile applications prior to 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 Policy,
please contact us as follows:
Outsmart Automation
Email: hello@outsmart.sg