宁波大叶园林工业股份有限公司服务协议
Ningbo Daye Garden Industry
Co.,Ltd Mobile Privacy Policy
Effective Date: May.20,2022
Ningbo Daye Garden Industry Co.,Ltd and subsidiaries (“we”,
“us”, “our”, “Ningbo Daye Garden Industry Co.,Ltd”) 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”):
Confirm1: If the App has integrated the ‘Try Now’ or other features
representing non-login (visitor mode), if yes, please refer to the following
description and if no, please delete then.
If you do not want to provide your profile data when you start to use
any of the Services, you may use the App without login or creating an account,
and you may still use certain Ningbo Daye Garden
Industry Co.,Ltd services, such as searching and browsing any features on the Services.
At this moment, we will not collect Personal Data about account or profile, and
the collected data will be limited to those you have authorized to be collected
for purpose of using the additional functions of the App and/or the Smart
Devices, as well as corresponding usage information. However, if the Services
you request or purchase are based on your account, please go to the
registration/login page for guidance.
·Smart Garden Mobile Application
Before you use our Products, please carefully read through this Policy
and understand our purposes and practices of collection, 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 question r regarding this Policy, please do
not hesitate to contact us via:
Confirm2:please enter the contact
information of corporate customer privacy office or other responsible party who
deal with privacy matters.
Confirm3: Whether the customer will OEM/customize the App to your
customers. If yes, please refer to the following description; if not, please
delete then.
For other branded mobile applications powered by Ningbo Daye Garden
Industry Co.,Ltd, our Clients control all the Personal Data collected
through our Products. We collect the information under the direction of our
Clients and the processing of such information shall be limited to the purpose
of providing the service for which our Clients has engaged us. If you are a
customer of one of our Clients and would no longer like to be contacted by one
of our Clients that use our service, please contact the Client that you
interact with directly.
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 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 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.
Apps refers to those mobile applications developed by Ningbo
Daye Garden Industry Co.,Ltd 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
In order to provide our 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 our
products or services.
1.Information You Voluntarily
Provide Us
·Account or Profile 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.
Confirm4: Determine whether the account registration/login is integrated
with a third-party account system, such as WeChat or Facebook. If yes, please
refer to the following description; if not, please delete then.
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 Ningbo Daye
Garden Industry Co.,Ltd 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 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: 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 Smart Garden. Please note,
if you do not provide such information, you may continue to use basic Services
of the Smart Garden 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 real-time precise or 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:
https://privacy.google.com/businesses/gdprservices/. You may reject such use of
your location information by managing the permission settings in the Services,
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 the previous
collection and use of information based on your authorization.
2.Information We Collect
Automatically
·Device Information: When you interact with our Product, we
automatically collect device information, such as the MAC address of your
devices, IP address, wireless connection information, operating system type and
version, application version number, push notification identifier, log files,
and mobile network information.
·Usage Data: During your interaction with our Sites and Services,
we automatically collect usage data relating to visits, clicks, downloads,
messages sent/received, and other usage of our Sites and Services.
·Log Information: When you use our 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 non-personal 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 anonymize and
desensitize such non-personal information.
·Location Information: When you enable location-based functions
through permission settings on your mobile device, we will collect and process
your location information to enable certain functions, such as pairing with
your Smart Devices. Also, we may collect information about your real-time
precise or non-precise geo-location when you use our specific Products or
Services, such as Smart Garden.
Based on your consent, when you enable the geo-fence feature on the
Products, your location information will be generated and shared with Google
Map services. Please note that Google has corresponding data protection
measures, which you may refer to Google Data Protection Terms for more details:
https://privacy.google.com/businesses/gdprservices/. You may reject such use of
your location information by managing the permission settings in the Products,
upon which we will cease to collect and use your location information.
3.Smart Devices Related
Information:
·Basic Information of Smart Devices: When you connect your Smart
Devices with our Products or 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 our Products or Services, we may
collect different information reported by your Smart Devices. For example, Please
enter information about the smart device report.
·Confirm 5.1: If the product involves sensitive personal information,
such as health products, please be sure to explain it in the privacy policy.
For example: smart scales or fitness trackers may report your height, weight,
body fat content (BFM) , Body mass index (BMI) and skeletal muscle content (SMM);
Confirm5.2 (depending on the 5.1): Whether integrated third-party health
analysis functions, such as Apple Health, Google Health, etc., if so, please
refer to the following description; if not, you can delete then:
Please note that when you actively agree to enter the App name and the
application is connected to the Apple Health app, 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. Please enter the App name. The application is authorized to
connect with Apple Health.
·Confirm 5.3: If the product involves sensitive personal information,
such as camera products, especially with facial recognition equipment, please
be sure to make relevant explanations in the privacy policy. For example, smart
cameras may collect images or videos taken by them.
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 our Products and Services that you have
requested or purchased. The legal basis for this processing is to perform our contract with
you according to our Terms of Use.
·Improve Our Services: We process your device information, usage
data, location information and Smart Device related information to ensure the
functions and safety of our Products, to develop and improve our Products 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 Terms of Use.
·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 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 Terms of Use.
·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 Ningbo Daye Garden Industry Co.,Ltd 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..
·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]
in 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.
If there is any change in the purposes for processing your personal
data, we will inform such change 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
with?
At Ningbo Daye Garden Industry Co.,Ltd, 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 Sites and Services.
·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, incompatible new uses of your Personal
Data, and choices you may have regarding 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, including public
and government authorities outside your country of residence; (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.
·To subsidiaries or affiliates within our corporate family, to carry out
regular business activities.
Except for the third parties described above, to third parties only with
your consent.
International Transfer of Information
Collected
Ningbo Daye Garden Industry Co.,Ltd will comply with applicable data
localization requirements in corresponding jurisdictions with respect to
storage of data. To facilitate our operation, we may transfer, store and
process your Personal 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:
lAgreement on the basis of 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:
Confirm6: please provide at least 2 approaches for individual user
executing their privacy rights, for instance, via the privacy office email
address; ***@***.com, or via the route of Feedback imbedded in
the App: Me&rt;Personal Center&rt;Account and Security&rt;, etc.
You do not have to pay a fee and we will aim to respond 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;
·Request that we correct inaccurate or incomplete Personal Data about
you;
·Request deletion of Personal Data about you;
·Request restrictions, temporarily or permanently, on our processing of
some or all Personal Data about you;
·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; and
·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: 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 location,
camera, photo album (picture library/video library), microphone, Bluetooth
settings, notifications and other related functions;
2) In the marketing communications that you agree to, the information we
send to you contains instructions that allow you to withdraw your consent in
accordance with the “unsubscribe” method described in the information;
3) Unbind the Smart Device through the app, and the information related
to the Smart Device will not be collected;
4) By using product with the visitor mode, we will not collect any
personal 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.
Confirm7: if the App enables the account deletion/termination, please
fill out the route in the App to delete/terminate the account.
Security
We use commercially reasonable physical, administrative, and technical
safeguards to preserve the integrity and security of your Personal Data. Ningbo
Daye Garden Industry Co.,Ltd provides various security strategies to
effectively ensure data security of user and device. As for device access, Ningbo
Daye Garden Industry Co.,Ltd 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 sales@dayegarden.com
Data Retention
We process your Personal Data for the minimum period necessary for the
purposes set out in this Privacy 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. 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 anyone under the age of thirteen
(13) unless we first obtain permission from that child’s parent or legal
guardian. If we become aware that we have collected Personal Data from anyone
under the age of thirteen (13) 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 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 Privacy Policy,
please contact us as follows:
Ningbo Daye Garden Industry Co.,Ltd
Postal Mailing Address: No.1 Chaoyang
Road, Yuyao,Zhejiang
Email: sales@dayegarden.com