Privacy Policy
Effective date: 11/02/2023
Updated: 11/02/2023
LOTUS COMERCIAL DE FERRAGENS E FERRAMENTAS LTDA and subsidiaries ("we", "us", "our", "LOTUS PLUS") are committed to protecting your privacy. This Privacy Policy ("Policy") describes our practices regarding the privacy of Personal Data information that we process through your individual use of the following related services, products and mobile applications (collectively, the "Products"):
If you do not want to provide your profile data when you start using any of the Services, you can use the application without logging in or creating an account, and you can still use certain LOTUS PLUS services, such as searching and browsing any features of the Services. At this time, we will not collect personal data about the account or profile, and the data collected will be limited to that which you have authorized to be collected for the purposes of using the additional functions of the application and/or smart devices, as well as the corresponding usage information. However, if the Services you order or purchase are based on your account, please go to the registration/login page for guidance.
-LOTUS PLUS app
Before using our Products, please read this Policy carefully and understand our purposes and practices for collecting and processing your Personal Data, including how we use, store, share and transfer Personal Data. In the Policy you will also find ways to enforce your rights to access, update, delete or protect your Personal Data.
When you accept this Policy when registering with your Personal Data, or if you start using our Products and do not expressly object to the content of this Policy, we will consider that you fully understand and agree with this Policy. If you have any questions about this Policy, do not hesitate to contact us at: smart@lotuscomercial.com.br
For other branded mobile applications powered by LOTUS COMERCIAL DE FERRAGENS E FERRAMENTAS LTDA, our Customers control all Personal Data collected through our Products. We collect information at the direction of our Customers and the processing of such information will be limited to the purpose of providing the service for which our Customers have 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 who use our service, please contact the Client with whom you interact 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, whether 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 content , health information, transaction information, and precise location information. When we collect Personal Sensitive Data from you, we will generate explicit notice for your consent before we collect Personal Sensitive Data about you.
Smart Devices refers to 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 wear devices, cleaning devices smart air vents, etc.
Applications refer to those mobile applications developed by LOTUS COMERCIAL DE FERRAGENS E FERRAMENTAS LTDA that provide end users with remote control for Smart Devices and with the ability to connect to the supplier's IoT Platform.
What personal data do we collect
In order to provide our services to you, we will ask you to provide the necessary personal data that is required to provide these 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 to 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, telephone number, username and login credentials. During your interaction with our products, we may also collect your nickname, profile photo, country code, language preference or time zone information from your account.
-Feedback: When using the feedback and suggestion features in our Products, we will collect your email address, mobile phone number and your feedback content to address your issues and troubleshoot device failures in a timely manner.
-Information based on additional functions: In order to provide you with more convenient and higher quality services with optimized user experiences, we may collect and use certain information if you consent to using additional functions in the application. Please note that if you do not provide such information, you may continue to use the basic Application Services 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 location-based functions through permission settings on your mobile device, we collect and process your location information to enable these functions, such as pairing with your Smart Devices . Additionally, we may collect information about your precise or non-precise geographic location in real time when you use certain Smart Devices or the Services, such as the robot cleaning service and the weather service.
Based on your consent, when you enable the geolocation feature , your location information will be generated and shared with Google Maps services. Please note that Google has corresponding data protection measures, which you can refer to in the Google Data Protection Terms for further details: https://privacy.google.com/businesses/gdprservices/ . You may opt out of such use of your location information by managing your permission settings on the Services, upon which we will no longer collect and use your location information. 2)Additional camera-based services:
You can use the camera to scan the code, enabling the camera to pair with a Smart Device, take video, etc. Please be aware that even if you have agreed to enable camera permission, we will only obtain information when you actively use the camera to scan codes, record video, etc.
3)Additional services for accessing and uploading photos/videos based on photo albums (photo/video library):
You can use this function to upload your photos/photos/videos after turning on photo album permission, so as to perform functions such as changing avatar, reporting device usage problems, providing photo evidence, etc. When you use photos and other functions, we will not recognize this information; but when you report a device usage problem, we may use the photos/photos you upload to locate your problem.
4)Additional services related to the microphone-based service:
You can use the microphone to send voice information after turning on the microphone permission, such as recording 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 microphone permission, we will only obtain voice information through the microphone when you voluntarily enable the microphone in the app.
5)Additional services based on storage permissions:
The aim is to ensure the stable operation of the application using the storage permission. After you give or indicate permission to read/write your mobile device's storage, we will access images, files, crash log information and other necessary information from your mobile device's storage to provide you with functions such as publishing information , or record the fault log information locally.
Please note that if you authorize us to collect and use relevant personal information to provide you with the corresponding services. Once you turn off any permission, we will take it as a cancellation of the authorization, and we will not continue to collect Personal Data based on the corresponding permissions, and the related functions may be terminated. However, your decision to opt-out will not affect the prior 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 your devices MAC address, IP address, wireless connection information, operating system type and version, application version number, identifier push notification , log files and mobile network information.
-Usage Data: During your interaction with our Sites and Services, we automatically collect usage data related to visits, clicks, downloads, messages sent/received and other uses of our Sites and Services.
-Log Information: When you use our application, the system and exception log may be loaded.
Please note that you cannot identify a specific individual using Device Information or Log Information alone. However, if these types of non-personal information, combined with other information, can be used to identify a specific individual, such information does not -personal data will be treated as Personal Data. Unless we have obtained your consent or data protection laws and regulations provide us otherwise, 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. Additionally, we may collect information about your precise or non-precise geographic location in real time when you use our specific Products or Services, such as LOTUS PLUS.
Based on your consent, when you enable the geolocation feature in 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 can consult in the Terms of Google Data Protection for more details: https://privacy.google.com/businesses/gdprservices/ . You may opt out of such use of your location information by managing the permission settings on the Products, upon which we will no longer 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 update information.
-Information reported by Smart Devices: Depending on the different Smart Devices you choose to connect with our Products or Services, we may collect different information reported by your Smart Devices. For example, smart scales or fitness trackers can tell you your height, weight, body fat content (BFM), body mass index (BMI), and skeletal muscle content (SMM);
Please note that when you actively agree to join LOTUS PLUS and the app 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 percentage data). The purpose of sharing data is only to measure and analyze health-related indicators related to you, and will never be disclosed to other third parties. You can close at any time by managing the HealthKit settings page . The app is authorized to connect with Apple Health.
Smart cameras can collect images or videos taken by them.
Purposes and legal basis for processing personal data
The purposes for which we may process information about you are as follows:
-Provide you with services: We process your account and profile data, device information, usage data, location information and information related to Smart Devices 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 in accordance with 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 security of our Products, to develop and improve our Products and Services, to analyze the efficiency of our operations and to prevent and track fraudulent or inappropriate use. The legal basis for this processing is to perform our contract with you in accordance with our Terms of Use.
-Non-marketing communication: We process your Personal Data to send you important information about 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 [Application Notification] in the Application to manage these communications. When you decide not to activate the Notifications function, we will no longer process your information for this purpose. The legal basis for this processing is to perform our contract with you in accordance with our Terms of Use.
-Marketing Communication: We may process your personal data to provide you with marketing and promotional materials about the Services. If we do so, each communication we send you will contain instructions allowing you to opt-out of receiving future communications of this nature. If you do not agree to LOTUS PLUS sending you marketing communications, you may opt out of receiving communications from us when you log into the app, or by changing your preferences in [Privacy Settings] in 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 to you, such as recommending and displaying information and advertisements about products that suit you, and invite you to participate in surveys related to your use of the Services. If you do not allow us to process your Personal Data for personalization, you may opt out when logging into 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 is 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 those of other users, including you; and (g) to allow us to pursue available remedies or limit the damages we may sustain.
If there is any change in the purposes for processing your personal data, we will inform you of such change via email and/or a prominent notice on our website about such changes in purposes and choices you may have in relation to your personal data.
Who do we share your personal data with?
At LOTUS PLUS, we only share personal data in ways that are respectful of you. 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, services email delivery 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 their 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). In such an event, you will be notified via email and/or a prominent notice on our website of any change in ownership, new incompatible uses of your Personal Data, and choices you may have regarding your Personal Data.
-As we believe is 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 those of other users, including you; and (g) to allow us to pursue available remedies or limit the damages 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 Collected Information
LOTUS COMERCIAL DE FERRAGENS E FERRAMENTAS LTDA will comply with applicable data localization requirements in the corresponding jurisdictions with regard to data storage. To facilitate our operation, we may transfer, store and process your personal data in jurisdictions other than your residence. The laws of these countries may differ from the laws applicable to your country of residence. When we do so, we will ensure an adequate level of protection for information using one or more of the following approaches:
If you would like more details about the safeguards we have in place, you can contact us directly as described in this Privacy Policy.
Your rights in relation to your personal data
We respect your rights and control over your personal data. You can exercise any of the following rights:
For individual users executing their privacy rights, for example via the privacy office email address; smart@lotuscomercial.com.br,
or through the Feedback route built into the App: Me&rt;Personal Center&rt;Account and Security&rt ;, etc
You do not need to pay a fee and we 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 to 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 can:
-Request access to the Personal Data we process about you;
-Request us to correct inaccurate or incomplete personal data about you;
-Request the deletion of your Personal Data;
-Request restrictions, temporary or permanent, on our processing of some or all Personal Data about you;
-Request the 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; It is
-Opt-in 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 your consent through the following approaches:
1) For privacy permissions acquired through device system settings, your consent may be withdrawn by changing device permissions, including location, camera, photo album (image library/video library), microphone, Bluetooth settings, notifications and others related functions;
2) In marketing communications to which you agree, the information we send you contains instructions allowing you to withdraw your consent in accordance with the " unsubscribe " method described in the information;
3) Unlock the Smart Device through the application, and information related to the Smart Device will not be collected;
4) When using the product in guest 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 corresponding products or services. However, your withdrawal of your consent or authorization will not affect the processing of personal information based on your consent before the withdrawal.
The application allows account deletion/termination via APP Settings &rt; Account and security &rt; Delete account” (Deactivate account ）.
Security
We use commercially reasonable physical, administrative, and technical safeguards to preserve the integrity and security of your Personal Data. LOTUS COMERCIAL DE FERRAGENS E FERRAMENTAS LTDA provides several security strategies to effectively guarantee the security of user and device data. Regarding access to the device, algorithms owned by LOTUS COMERCIAL DE FERRAGENS E FERRAMENTAS LTDA are used to guarantee data isolation, access authentication, requesting authorization. As for data communication, communication using security algorithms and commercial-grade information transmission and transmission encryption protocols based on dynamic keys are supported. As for data processing, strict data filtering and validation and full data auditing are applied. As for data storage, all users' sensitive information will be securely 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 may have with us has been compromised), you may immediately notify us of the issue by sending an email to smart @lotuscomercial.com.br
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 upon expiration of the retention period, we will destroy your Personal Data. Where we are unable to do so for technical reasons, we will ensure that appropriate steps are taken to prevent any further 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) years (or such other age as provided by applicable law in your country/region of residence), and we request that such individuals do not provide us with any Personal Data. We do not knowingly collect Personal Data from anyone under thirteen (13) years of age 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 thirteen (13) years of age without the permission of 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 in our information practices. If we make any material changes, we will notify you by email (send to the email address specified in your account) or by means of a notice in the mobile applications before the change becomes effective. We encourage you to periodically review this page for the latest information about our privacy practices.
Contact us:
If you have any questions about our practices or this Privacy Policy, please contact us as follows:
LOTUS COMERCIAL DE FERRAGENS E FERRAMENTAS LTDA
Address: R. Porto de Praia Mole, SN - Civit I, Serra - ES, 29168-005