Android Product Improvement
This function is set by default to “off”. If you choose to activate it, we will receive and use - with your explicit consent - the following TV log data for the purpose of improving our products and service for users.
Device data.
Such as Model number, platform, country, TV brand, device ID, feature code, capability code, TV OS and location.
Device App and function data.
Such as the following:
· Apps: app usage duration, usage of the browser.
· TV: TV usage duration, time of usage.
· Network: network usage duration, number of TVs active on the network.
· Menu: usage of the TV settings, such as Sound mode, Picture mode, Aspect ratio, Dynamic Backlight, Local Dimming, MEMC, Noise Reduction, HDMI Dynamic Range and Digital Audio Out.
· First Time Experience: information on which steps users skip during the ‘first time set-up’ process, and information on TV settings, including: country, language, time zone, TV mode.
· Remote Control: the actions chosen.
· Casting: the number of times casting is used, the date and time of casting.
· Hardware usage: usage of the input sources, usage of the “inputs” menu, the external device information for HDMI which includes type, brand, power status and connection status.
· Enhanced Viewing Service: usage of Enhanced Viewing Service.
· Live TV: usage data such as the channel list, the channel and program name, the watching duration.
Trouble shooting purpose data.
Such as the following:
· Error Alert: app open, video/picture/music digital media player.
· Service Error log: the UI running status.
The data described above is used exclusively for statistical and internal improvement purposes, and will help us to detect technical or process-related problems and the need to fix them as well as to optimize our products and services in general. The data will not be disclosed to any third parties.
You can withdraw your consent at any time by deactivating this function via Settings > System>About >Legal Information>EULA&Privacy > Accept Product Improvement, then we will cease processing the data forthwith. The withdrawal of your consent will not have any effect of the lawfulness of processing based on your consent before your withdrawal.
For questions, please kindly contact us at:
Hisense International Co., Ltd.
No. 218, Qianwangang Road, Economic and Technique Development Zone, Qingdao, China
E-mail: product.tv.info@gmail.com
If you are based in EEA or EEA residents, please contact us by sending an email to product.tv.info@gmail.com, or you may also contact our EU representative:
VERDATA Datenschutz GmbH & Co. KG
Roemerstr 12, D – 40476 Duesseldorf
Email: hisense.representative@verdata.eu
Privacy Policy for the "TV Control with Amazon Alexa" Application
(Effective Date: March 01, 2025)
This Privacy Policy for the TV Control with Amazon Alexa Application (“Privacy Policy”) applies to the information Hisense International Co., Ltd., (“we”, “us” or “our”) collects through TV Control with Amazon Alexa Application (“Application”). The Application is an application to enable an Amazon Alexa compatible voice-control device controlling your TV.
In this Privacy Policy, we describe the types of information used to provide the Application, how we use the information, with whom we share the information, and the choices available to you regarding your use of the information. We also describe the measures we take to safeguard your personal information and tell you how to contact us about our data protection practices.
1. SUMMARY OF KEY POINTS
· We use the "Information" (defined below) to provide you with features and functions of the Application: Please read Section 2 (What Information do we obtain about you?) and Section 3 (How do we use the Information?), to learn more.
· This Privacy Policy describes your data protection rights, including a right to object to some of the processing which we carry out.
· We disclose the Information when we engage a third party to process data on our behalf, when such sharing is required by law, or in certain other situations whereby to enable the Application works. Please read Section 4 to learn more.
2. What information do we obtain about you?
We may receive the following information or data (collectively, the "Information”) that you provide and that is collected automatically from your TV or third parties when you use this Application. Some of the Information may be considered personal Information under applicable law in your Jurisdiction.
(I) Information Collected about you
· TV name (that you have entered yourself into the Application)
· My Brilliant Life (“MBL”) Account Name and Account ID（that you log in on the phone or table）for the purpose of linking your TV and Amazon Alexa service.
(II) Information Collected about your TV
· Data regarding how your TV responded to voice commands
· Timestamp
· Language
· Software package region of your TV
· Names of applications and packages that are installed on your TV
· List of inputs on your TV
· Power state of your TV
· Playback state of your TV
· TV MAC （for the remote wakeup feature support purpose）
3. How do we use the Information?
To provide you service we use the Information to process your request via Alexa-compatible device such as turning on/off your TV, channel switching, volume control and turning on/off installed application. Upon receiving your request information, we process the voice command for your TV and send back a response from your TV to Amazon; It is necessary for us to use this information to provide you with the service. We may share with government authorities, law enforcement officials and content owners of the Information if mandated by applicable law.
4. Information Sharing.
The Information that is communicated to and stored by us will be made available to Amazon in order to provide you with this Application, and to our subsidiaries and affiliates and third-party service providers, as follows:
(I) Amazon
To link your TV and the compatible voice-control device via this Application, we will share the following Information with Amazon:
· TV name (that you have entered yourself Into the /Application)
· Power state of your TV
· Playback state of your TV
· List of inputs on your TV
· TV MAC
· MBL Account token
For more Information, please see Amazon's Website (https://www.amazon.com/gp/help/customer/display.html?nodeld=201809740), which also explains where and how such information collected by Amazon can be deleted.
(II) Others
We do not share personal information collected about you through the Application except as described in this Privacy Policy. We may share your personal information with our subsidiaries, affiliates, service providers, contractors, agents, advisors and business partners for the purpose of providing the Application. We do not authorize our service providers to use or disclose the information except as necessary to perform services on our behalf and to comply with legal requirements.
We and our third-party service providers may also disclose information about you (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response or requests by government agencies, such as law enforcement authorities; (3) to establish, exercise, or defend our legal rights; (4) when we believe disclosure is necessary to appropriate to prevent physical or other harm; (5) in connection with an investigation of suspected or actual illegal activity; (6) in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, reorganization, dissolution or liquidation); or (7) otherwise with your consent.
5. How We Protect Personal Information.
We maintain physical, administrative, technical and organizational safeguards designed to maintain the confidentiality and security of the personal information we obtain through the Application against accidental, unlawful or unauthorized destruction, interference, loss, alteration, access, disclosure or use. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through use of the smart TV.
6. Updates to Our Privacy Notice.
This Privacy Notice may be updated periodically to reflect changes in our personal information practices with respect to the Application, or changes in applicable law. We will indicate at the top of this Privacy Policy when it was most recently updated.
7. How to Contact Us.
To ask us questions about this Privacy Policy, please contact us by sending an email to product.tv.info@gmail.com or by mailing us at:
Hisense International Co., Ltd.
No. 218, Qianwangang Road, Economic and Technique Development Zone, Qingdao, China.
If you are based in EEA or EEA residents, please contact us by sending an email to product.tv.info@gmail.com, or you may also contact our EU representative:
VERDATA Datenschutz GmbH & Co. KG
Roemerstr. 12
D – 40476 Duesseldorf
Email: hisense.representative@verdata.eu
END USER LICENSE AGREEMENT
(Effective Date: July 29, 2025)
This End User License Agreement (“EULA”) governs and regulates the use of your Device and the use of Smart Services available through it. This EULA is a legal agreement between the end user (referred to as “you” or “your”) and Hisense International Co., Ltd, its affiliates and subsidiaries (referred to as “we”, “us”, or “our”).
USE OF THE DEVICE’S SMART SERVICES
Please read this EULA carefully. By using the Device and installing and/or accessing or using the Smart Services through this Device, or any other internet-connected features or functionality made available on your Device, you agree to be legally bound and abide by this EULA. Your use of the Device and/or the Smart Services indicates that you have read and accepted this EULA and any other applicable terms. If you do not wish to agree to this EULA, you will not be able to access or use the Smart Services in connection with the Device.
By using the Device and/or the Smart Services, you also acknowledge our Data Protection Policy (available at your Device’s first setup process or go to “Home” >“Settings”), which governs the collection and use of your Personal Data.
Please note that we will only collect Personal Data in relation to a specific Smart Service if you choose to interact with that Smart Service. For example, as set out below, your Personal Data will not be collected via the Amazon Alexa Service unless you choose to enable that service.
Please note as well that, as part of your use of the Device and/or Smart Services, you may access Applications, Materials, or services offered and controlled by unaffiliated third parties, whose practices may be governed by a separate privacy policy and/or terms of use (for example, a channel or Application whose operator is unaffiliated with us). You should review the applicable privacy policy and/or terms of use of any third-party service providers or Applications whose Smart Services you access via the Device or Services.
1. IMPORTANT DEFINITIONS
“Application(s)” means an embeddable, downloadable, and/or executable software application owned by us or a third party and made available on the Device.
“Content” means all audio and visual elements and ideas offered by us or third parties, including, but not limited to, data, movies, videos, photographs, software, games, designs, likenesses, artwork, images, music, sound, information and other materials, tangible and intangible, including derivative works, on all media and formats, existing or in the future.
“Device” means a device or hardware through which this EULA is made available, including, but not limited to, a smart television set.
“Intellectual Property Rights” means all legal and beneficial titles and/or interest in all patents, utility models, rights to inventions, copyright and related rights, moral rights, trademarks, trade names, rights to domain names, rights in get-up and trade dress, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets), and any other intellectual property rights, in each case whether registered or unregistered and including all applications, rights to apply for and obtain, and renewals or extensions of, rights to claim priority from such rights, and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world.
“Materials” collectively means any Content, Submitted Content (where applicable and as further defined herein), messaging, blogging, chatting, social networking, information, advertising, and/or Internet links, etc., accessible or delivered through the Device.
“Personal Data” refers to any information that identifies or makes an individual identifiable. The definition of Personal Data (used interchangeably in this EULA with the term “Personal Information”) depends on the applicable law based on your physical location. Only the definition that applies to your physical location will apply to you under this EULA or our Data Protection Policy.
“Smart Service(s)” means the access, procurement, disposal, sale, purchase, subscription, lease, rental, consultation, or other use of Materials, and all other types of services or functions typically available from the Internet, offered by us or by third parties through Applications. Note that Applications offered by unaffiliated third parties may be subject to terms and conditions or privacy policies offered by the developers or operators of such third-party Applications and services, which you should review prior to your use of them.
2. USE OF DEVICES AND SMART SERVICES
From time to time, we may directly offer certain Smart Services and make such Smart Services available to you. Your use of such Smart Services shall be subject to this EULA. Smart Services may be provided locally subject to local laws and regulations and, depending on your residence, location, and network availability, the types and levels of the Smart Services available may be limited. The EULA for the use of such Smart Services may differ for each different country, region, or market, and are subject to relevant local, country, and regional laws and regulations. All Smart Services are provided solely for personal use by you (or your household) in connection with your use of the Device. You may not use any Smart Services in a manner that has not been expressly authorized in this EULA. Without limiting the foregoing, except as expressly permitted by this EULA and/or applicable laws and regulations, you may not modify, copy, re-publish, upload, post, transmit, translate, sell, create derivative works of, exploit, or distribute in any manner or medium any of the Smart Services accessed through this Device.
Smart Services are intended for use by persons who are eighteen (18) years of age (or local adult age) or older, or by younger people under supervision of legal guardian. If you are under eighteen (18) years of age (or local adult age), or are legally, or otherwise, restricted from using the Smart Services, legal guardian must accept this EULA on your behalf. By using any portion of the Smart Services, you accept this EULA and are certifying that you are at least eighteen (18) years of age (or local adult age). Any use of any Smart Services by any individuals not of such age shall be considered a violation of this EULA. The use of any portion of the Smart Services is restricted solely to personal/household use and no other uses are permitted.
WE RESERVE THE RIGHT TO BLOCK OR TERMINATE ANY USER ACCOUNT IN THE EVENT WE REASONABLY DETERMINE THAT ANY USE OF ANY SMART SERVICES IS IN VIOLATION OF THIS EULA, INCLUDING CREATING ACCOUNTS WITH FALSE INFORMATION.
Smart Services offered through the Device that require a fee may not be accessed by persons who have not paid the appropriate fee. In the event that registration, creation of a user account, and/or a fee is required for the Smart Services offered or provided by the provider or licensor of such Smart Services, such registration, creation of a user account, and/or a fee shall be subject to privacy policies, terms and conditions of such Smart Services provider or licensor.
All Smart Services accessible through this Device may be changed, suspended, removed, terminated, or interrupted, or access may be denied, blocked, or disabled at any time, without notice, and we make no representations or warranties that any Smart Services will remain available for any period of time. All Materials are transmitted by means of networks and transmission facilities over which we have no control. We may impose limits on the use, disabling, removal, or suspension of any Smart Services made available through this Device at any time, without notice or liability. We may impose limits on the use of, or access to, certain Smart Services in any case and without notice or liability. You must accept this EULA and the Data Protection Policy if you wish to use the Smart Services accessible through your Device.
All third-party Smart Services provided via the Device are managed and controlled by their respective owners. We are not responsible for the included third-party pre-loaded, user downloaded, or other third-party Smart Services, which may be modified, removed, deleted, or changed, with or without notice by their respective owners. Any questions or requests for services relating to such Smart Services should be made directly to the respective third-party Smart Services providers, and not to us. For instance, where the YouTube Application is pre-loaded on a Device, you should refer to YouTube Terms of Service at https://www.youtube.com/t/terms. While we use YouTube API Services to make available YouTube Smart Service to you, if you have any questions or requests with respect to privacy matters related to YouTube Smart Service, you should refer to YouTube’s governing privacy policy at https://policies.google.com/privacy?hl=en#intro.
Access to certain portions of the Smart Services through the Device or Applications may require registration and creation of a user account and/or a fee. Such registration and creation of a user account, or payment of a fee may need to be completed on a webpage run by us (or an affiliate of ours) or by a third party (including a payment gateway provider). Such registration may require providing Personal Data to us or third parties (e.g., choosing a unique, secret password that may not be shared with others). Any Personal Data provided by you to us will be Processed in accordance with our Data Protection Policy (available at your Device’s first setup process or by visiting “Home”> “Settings”). The Personal Data you provide for registration must be complete and accurate. You shall not use any third-party Personal Data to create an account in connection with the use of the Smart Services, and you are not allowed to access others’ accounts. We are not responsible for any use or misappropriation of any other’s Personal Data to access the Smart Services.
As between you and us, we own all right, title, and interest in and to our owned Applications, and each respective third-party Application owner owns all right, title, and interest in and to their respective third-party Application, including but not limited to, all applicable Intellectual Property Rights or other proprietary rights in the Application throughout the world, regardless of whether registered or legally secured. As the case maybe, some third-party Application owners allow us to sublicense their Application to you; otherwise, your license to use a third-party Application will come directly from the owner of the Application. Subject to the respective license agreements between us and the respective third-party Application owner, and your full compliance with this EULA, we grant to you a non-exclusive, limited, non-transferable, and personal license (without the ability to sublicense) to download and/or use the Applications (other than any third-party Application which is governed by its own and separate license terms and conditions) to display, receive, or otherwise use (only to the extent permitted in each case) the Smart Services through the Application from your Device only. No other rights to the Application are granted. The scope of rights for Smart Services shall be subject to the terms and conditions of the respective Smart Services and other licensing requirements and restrictions otherwise imposed or required by the relevant Smart Services providers. All rights including all Intellectual Property Rights in the Applications and the Smart Services remain our property or that of the relevant licensors or owners of the Application or the Smart Services. Any breach of this EULA will result in the revocation of the rights granted herein in whole or in part, and we or the respective owners of the Application and the Smart Services may take further legal action if necessary.
Your continued use of our Smart Services, including your continued use after any changes to the EULA as noted below, will constitute your acceptance of the new EULA and your agreement to abide and be bound by any modifications to them. You or any third party (directed by you) may not display, copy, store, modify, sell, trade, resell, reproduce, publish, broadcast, redistribute, or make derivative works of any Materials, whether a portion of or in their entirety, and such displaying, copying, storing, modification, sale, publishing, broadcasting or redistribution shall be prohibited unless you have obtained all necessary rights and permissions from us or each of the respective relevant owners or right holders of such Materials or as permitted by applicable law. Unauthorized use of the Materials is prohibited and may result in criminal prosecution and/or civil liability, for which you shall be solely responsible. Likewise, if we suspect or become aware that you have obtained your Device through illicit means, including but not limited to via theft or through purchasing known stolen goods, we reserve the right to deactivate your Device remotely at any time.
You may not use any portion of the Device for any other purposes other than as permitted herein, including but not limited to illegal activity, to make solicited and/or unsolicited offers or advertisements, to impersonate or falsely claim affiliation with any person or entity, to misrepresent, harass, defraud, or defame others, to post, upload, transmit, or disseminate any obscene, unreasonably offensive, or any other unlawful material, or any information that may negatively impact our reputation, goodwill, and/or the Smart Services, nor for any commercial purposes. Except as expressly permitted by this EULA, and except to the extent provided for by applicable laws, you may not disassemble, reverse engineer, and/or tamper with the Application(s), or transmit hidden or malicious code, or collect information of other users through the Application(s). You are not permitted to copy, edit, modify, alter or create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any Application, unless expressly permitted by us in writing, or to the extent permitted under the laws applicable to you, and you will not permit or grant a license to any third party to do so. You may not take any action to interrupt the functionality of or tamper with the Materials contained in or provided through the Smart Services or its servers or to unreasonably affect others’ enjoyment of the Smart Services in any way. You may not in any manner attempt to gain unauthorized access to 1) any portion or feature of the Device; 2) the Smart Services, or any other systems or networks connected to the Device; 3) the Smart Services or to any of our controlled servers; or 4) to any of the Applications, Materials, or other services offered on or through the Smart Services.
WE RESERVE THE RIGHT TO BLOCK, DENY OR TERMINATE YOUR ACCESS TO THE SMART SERVICES IN OUR SOLE DISCRETION FOR ANY REASON AND AT ANY TIME WITHOUT NOTICE OR LIABILITY.
Any Content submitted, uploaded, or posted by you, on behalf of you, or by other users, on or through your Device or the Smart Services (herein “Submitted Content”) will be considered non-confidential and non-proprietary, subject to local laws and regulations. We also reserve the right to disclose your Personal Data as necessary to any third party who claims that any Submitted Content constitutes an infringement of third-party Intellectual Property Rights or their right to privacy. By posting, submitting, uploading, or otherwise transmitting Submitted Content in any way, you grant us a perpetual, irrevocable, unrestricted, non-exclusive, worldwide, fully paid-up, royalty-free, and sub-licensable license to use, modify, change, copy, disclose, license, perform, display, post, publish, distribute, transmit, or otherwise use such Submitted Content in any manner, create derivative works thereof, or incorporate the Submitted Consent into other work anywhere in the world. We have the right to remove any Submitted Content from the smart systems, and any other of our systems, for any reason including if, in our sole opinion, such Submitted Content is unnecessary, offensive, indecent, or objectionable.
We do not control the Submitted Content and do not warrant the nature, accuracy, integrity, appropriateness, or quality of the Submitted Content. You warrant that any of your Submitted Content does not and will not infringe any third-party Intellectual Property Rights. You are solely responsible for all Submitted Content that you upload, post, email, transmit, or otherwise make available in any portion of the Smart Services. We assume no liability for such Submitted Content and you are solely responsible for any liability arising from or related to any Submitted Content posted, uploaded, or transmitted by you or on behalf of you on or through your Device or the Smart Services. We reserve the right to remove Submitted Content that may be infringing on another person’s Intellectual Property Rights with or without notice to the infringer and in accordance with applicable laws.
You understand and agree that the Smart Services may include certain communications from us or third parties such as update announcements, administrative messages, and other materials (“Communications”). As those Communications are part of the Smart Services, you may not opt out of receiving them. Certain Materials may not be suitable for minors or other users. Such Materials may not be rated or identified as being unsuitable. Therefore, you understand and agree that you are using the Materials at your own risk and we shall have no liability to you for any unsuitable Materials.
The Device may enable you to interact with, link to, or associate with third parties providing Smart Services that are not owned, controlled, or operated by us. This access or interaction with third-party Smart Services may be facilitated by, for example, the country location you identified during the setup process. We are not responsible for the functionality, quality, or content of third-party Smart Services, and do not assume any obligation to review any third-party Smart Services. You expressly acknowledge and agree that collection of information from your Device by third party Applications, your use of, link to, or access to any third-party Smart Services is entirely at your own risk, and it is your responsibility to view and abide by the terms of use, privacy policies, and any other policies applicable to such third-party Smart Services. We make no representations or warranties with respect to any third-party Smart Services, and you understand and agree that, to the maximum extent permitted by law, we shall in no event be liable for any direct, indirect, incidental, special, or consequential loss or other damage, attorney’s fees, and expenses arising out of, or in connection with, your use of or access to third-party Smart Services. Any activities you engage in connection with third-party Smart Services are subject to the privacy policies, terms and conditions, and other rules of the third parties.
We are committed to respecting your privacy and the confidentiality of your Personal Data. To learn about how we protect and handle your Personal Data and other information when you use our website and other services, please view our Data Protection Policy.
Where available, we offer an Enhanced Viewing Service (“EV Service”) that, when operating, adjusts your sound and video quality based on what you are watching in real time and provides you with useful, interactive features, content recommendations, and personalized advertisements. This is an optional service that you must opt-in to via your Device during the initial setup or any time after within the Device’s “Settings” menu. From the Settings menu, you may also choose to enable all, some, or none of Enhanced Viewing Service’s features. Please note that the EV service is not available in all areas worldwide nor in all makes and models of Device, it may not currently be available on your Device even if you choose to opt-in to the EV Service.
The EV Service uses Automated Content Recognition (“ACR”) technology, which works by analyzing and matching onscreen audio sounds that come from your Device (such as a TV show’s dialogue or a movie streaming from an app or music playing during a commercial) against an extensive database of programming content. When the content is recognized, we can use this ACR data for content recommendations, advertising, and where available, to automatically optimize your picture quality based on the type of content you are watching (e.g., optimizing the picture mode to watch sports versus a movie).
Through the EV service and ACR technology, we may collect and use data from your Device, including: device and usage information; log data about your use of apps and services; user ID or other identifiers; your Device’s IP address; product registration data; geolocation or information that can be used to derive geolocation; your Device viewing history; behavioral and demographic information; and your general device location (together, “Viewing Data”). If you opt-in to the EV Service, we may collect and use your Viewing Data even if the EV Service is not currently available on your Device.
Viewing Data will be used to help our advertising partner Nexxen Inc. and its partners select, deliver, and measure personalized ads shown to you on your Device or other linked devices sharing the same IP address, based on audience segmentation created from your viewing habits. By giving your consent to personalized ad targeting, you therefore also allow Nexxen Inc. to use your household IP address to identify other devices linked to you or your household for such advertising purposes. If you do not consent to personalized ads, you will still see ads, but they may not be as interesting to you.
For more information, including regarding how Nexxen Inc. may share your data with its partners for such purposes, please review Nexxen’s privacy policy (available at: https://nexxen.com/services-privacy-policy/ ) You can also see each partner and how they may use data about you and your household at https://nexxen.com/acr-data-partners/
We use and may share this information for the purpose of delivering to you the EV Service, device-specific viewing recommendations, and serving relevant advertising. You may opt-in or opt-out of EV Service at any time.
For more information, including details on the technical aspects of the EV Service and ACR data, please see Enhanced Viewing Service Privacy Notice.
DEVICE
FOR THE DEVICE, WE GRANT TO YOU A SPECIAL WARRANTY TO THE EXTENT AS SPECIFIED AND UNDER THE PREREQUISITES SET IN THE DEVICE WARRANTY CARD. IN CASE OF A DEFECT OF THE DEVICE, YOU ARE NOT ENTITLED TO ANY FURTHER CLAIMS, IRRESPECTIVE OF THEIR LEGAL BASIS, AGAINST US. THE FOREGOING LIMITATIONS SHALL NOT APPLY IN CASES OF WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR PERSONAL INJURY. FOR THE AVOIDANCE OF DOUBT, THE AFORESAID DOES NOT LIMIT OUR LIABILITY FOR DAMAGES ACCORDING TO MANDATORY STATUTORY PROVISIONS. FURTHERMORE, THE SPECIAL WARRANTY GRANTED BY US DOES NOT EXCLUDE OR LIMIT ANY CONTRACTUAL OR STATUTORY CLAIMS YOU MAY HAVE AGAINST THE SELLER OF THE DEVICE.
SMART SERVICES
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS, AND UNDERTAKINGS WITH RESPECT TO ANY THIRD-PARTY SMART SERVICES, EITHER EXPRESS OR IMPLIED, AND ALL ASSOCIATED RISKS FROM THE USE OF THE DEVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE FOREGOING LIMITATIONS SHALL NOT APPLY IN CASES OF WILLFUL MISCONDUCT, GROSS NEGLIGENCE, PERSONAL INJURY, OR FRAUDULENT CONCEALMENT OF A LEGAL OR MATERIAL DEFECT OF THE RESPECTIVE SMART SERVICES BY US. WE DO NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, LEGALITY, OR COMPLETENESS OF ANY THIRD-PARTY SMART SERVICES MADE AVAILABLE THROUGH THE DEVICE AND DO NOT WARRANT THAT THE SMART SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE DEVICE IS OR WILL BE COMPATIBLE WITH ALL SMART SERVICES, OR THAT OPERATION OF THE DEVICE OR SMART SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU AGREE TO ASSUME ALL RISKS OF USING THE SMART SERVICES, AND, TO THE EXTENT PERMITTED BY LAW, NOT TO HOLD US OR ANY OF OUR HOLDINGS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, CONTRACTORS, LICENSORS, OR ADVERTISERS RESPONSIBLE FOR ANY DAMAGES, LOSSES, OR HARM, TANGIBLE OR INTANGIBLE, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, LOSS OF PROFIT, REVENUE, INTEREST OR BUSINESS, OR CORRUPTION OF DATA OR ATTORNEY’S FEES ARISING FROM THE USE OF THE SMART SERVICES AND/OR MATERIALS. DUE TO THE VARIOUS CAPABILITIES OF DEVICES FEATURING THE SMART SERVICES, AS WELL AS LIMITATIONS IN THE AVAILABLE SMART SERVICES OFFERED VIA THE DEVICE OR APPLICATION(S), CERTAIN FEATURES AND/OR SMART SERVICES MAY NOT BE AVAILABLE ON ALL DEVICES OR IN ALL TERRITORIES OR MAY CHANGE OVER TIME. SOME FEATURES OF THE SMART SERVICES MAY ALSO REQUIRE ADDITIONAL PERIPHERAL DEVICES THAT ARE SOLD SEPARATELY. WE DO NOT ENDORSE ANY OF THE IDEAS, PRODUCTS, PERSONS, OR OPINIONS EXPRESSED IN THE SMART SERVICES AND/OR MATERIALS.
WE SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF PROFIT, REVENUE, INTEREST, BUSINESS, OR CORRUPTION OF DATA, ATTORNEY FEES, EXPENSES, OR ANY OTHER LOSS OR DAMAGES, INCLUDING PUNITIVE DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, ANY SMART SERVICES CONTAINED IN, OR AS A RESULT OF THE USE, OF THE DEVICE, OR ANY SMART SERVICES ACCESSED OR USED BY YOU, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
CERTAIN LEGISLATION MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON US, WHICH CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED, OR CANNOT BE EXCLUDED, RESTRICTED, OR MODIFIED EXCEPT TO A LIMITED EXTENT. THIS EULA MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH WE ARE ABLE TO DO SO, OUR LIABILITY UNDER THOSE PROVISIONS WILL BE LIMITED, AT OUR OPTION, IN THE CASE OF SERVICES TO (A) THE SUPPLYING OF THE SERVICES AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN AND, IN THE CASE OF GOODS, TO (A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF THE GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (D) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED. THE FOREGOING LIMITATIONS SHALL NOT APPLY IN CASES OF WILLFUL MISCONDUCT, GROSS NEGLIGENCE, PERSONAL INJURY, OR FRAUDULENT CONCEALMENT OF A LEGAL OR MATERIAL DEFECT OF THE RESPECTIVE SMART SERVICES BY US.
YOU UNDERSTAND THAT USE OF SMART SERVICES REQUIRES A CONNECTION TO THE INTERNET AND THAT DATA USAGE CHARGES, CAPS AND OTHER LIMITS MAY APPLY. YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGES, LOSSES, COSTS, OR HARM ARISING FROM YOUR USE OF THE SMART SERVICES. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITIES WITH RESPECT TO YOUR USE OF THE SMART SERVICES (REGARDLESS OF WHETHER OR NOT SUCH USE REQUIRES REGISTRATION, CREATION OF A USER ACCOUNT AND/OR PAYMENT OF A FEE) AND MATERIALS. THE FOREGOING LIMITATIONS SHALL NOT APPLY IN CASES OF WILLFUL MISCONDUCT, GROSS NEGLIGENCE, PERSONAL INJURY, OR FRAUDULENT CONCEALMENT OF A LEGAL OR MATERIAL DEFECT OF THE RESPECTIVE SMART SERVICES BY US. IF ANY PORTION OF THIS EULA IS ILLEGAL OR UNENFORCEABLE, OR THERE IS A CLAIM THAT WE HAVE BREACHED ANY OF THIS EULA, IT DOES NOT AFFECT OR INVALIDATE THE OTHER TERMS. THIS EULA MAY NOT BE WAIVED OR MODIFIED WITHOUT WRITTEN CONSENT FROM US.
FOR THIRD-PARTY SMART SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE HELD RESPONSIBLE FOR ANY THIRD-PARTY SMART SERVICES THAT MAY BE ACCESSED THROUGH THE DEVICE OR APPLICATION(S), NOR SHALL WE BE HELD RESPONSIBLE FOR HIDDEN OR MALICIOUS CODE CONTAINED ON OR DISTRIBUTED THROUGH THE APPLICATIONS OR OUR DEVICE BY THIRD PARTIES. WE DO NOT GUARANTEE THAT THERE WILL BE NO INTERRUPTIONS, DELAYS, OR INACCURACIES IN THE SMART SERVICES AND DO NOT GUARANTEE THE CONTINUED AVAILABILITY OF SUCH SMART SERVICES.
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE DEVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY DEVICE, APPLICATION, CONTENT, SUBMITTED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY RIGHTS OWNED, LICENSED, USED, OR CONTROLLED BY US (INCLUDING YOUR SUBMITTED CONTENT) OR OUR LICENSORS.
You agree to defend, indemnify and hold harmless us, our affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this EULA or your use of the Device and/or Smart Services, including, but not limited to, your Submitted Content, and any use of the Materials, services and products other than as expressly authorized in this EULA or your use of any information obtained through the Device.
Please Read This Provision Carefully. It Affects Your Legal Rights.
United States of America residents/consumers applied ONLY.
This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based on contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence) or any other legal or equitable theory, and includes the validity, enforceability, or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between You and Us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to You (such as Our licensors, suppliers, dealers, or third-party vendors) whenever You also assert claims against Us in the same proceeding.
This Provision provides that all disputes between You and Us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of Your right to litigation claims and all opportunities to be heard by a judge or jury. We prefer this because We believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means You would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, You must first give Us an opportunity to resolve the Dispute which is first done by emailing Us at product.tv.info@gmail.com the following information: (1) Your name, (2) Your address, (3) A written description of Your Claim, and (4) A description of the specific relief You seek. If We do not resolve the Dispute within 45 days after receiving Your notification, then You may pursue Your Dispute in arbitration. You may pursue Your dispute in court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, You or We may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Us at product.tv.info@gmail.com the following information: (1) Your name; (2) Your address; (3) A clear statement that You do not wish to resolve disputes with Us through arbitration. Either way, We will not take any decision You make personally. In fact, We promise that Your decision to opt-out of this Arbitration Provision will have no adverse effect on Your relationship with Us. But, We do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and You must pursue Your dispute in arbitration or small claims court.
Arbitration Procedures
a. If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either You or We may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
b. For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action, representative procedures, or rules apply to the arbitration.
c. Because Smart Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
d. Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
e. Location of Arbitration – You or We may initiate arbitration in either California or the federal judicial district that includes Your billing address.
f. Payment of Arbitration Fees and Costs – So long as You place a request in writing prior to the commencement of the arbitration, We will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator’s hearing fees, costs, and expenses upon Your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, You will still be responsible for all additional fees and costs that You incur in the arbitration, which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if You provide notice and negotiate in good faith with Us as provided in the above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that You are the prevailing party in the arbitration, You will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both You and We specifically agree to do so in writing following initiation of the arbitration. If You choose to pursue Your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to You. Neither You, nor any other user can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury Waiver
You understand and agree that by accepting this Provision in these Terms, You and We are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, You and We might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that You would have if You went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
Continuation
Notwithstanding any provision in these Terms to the contrary, We agree that if We make any change to this Provision (other than a change to the Notice Address), You may reject any such change and require Us to adhere to the present language in this Provision if a dispute between Us arises.
For Residents of the European Union. Exceptions to Liability Limitations: Nothing in this EULA excludes or limits our liability for personal injury arising from our negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law. ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
For Residents of the United Kingdom. Exceptions to Liability Limitations: Nothing in this EULA excludes or limits our liability for personal injury arising from our negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law. ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). THE AGREEMENT TO ARBITRATE WILL NOT APPLY TO IF NOT PERMITTED BY LAW.
To the extent permitted by law, this EULA shall be governed by the laws of your residence country, and by accepting this EULA, and by your use of the Smart Services, you are agreeing that such EULA and all other aspects of the Smart Services will be construed in all respects in accordance with the laws of your residence country.
We may need to comply with the requirements of local law enforcement agencies from time to time. We may restrict access to any part of the Smart Services and the Device or terminate your access to the Smart Services, at any time in our sole discretion if required by law, relevant authorities, or regulatory agencies to do so.
You are not permitted to transfer, assign or otherwise dispose of this EULA which is personal to you, or any of your rights or obligations arising under this EULA without our prior written consent.
No waiver by us of any term or condition set forth in this EULA shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any of our failure to assert a right or provision under this EULA shall not constitute a waiver of such right or provision.
If any provision of this EULA is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the EULA will continue in full force and effect.
This EULA constitutes the sole and entire agreement between you and us with respect to your use of the Device and/or the Smart Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to your use of the Device and/or the Smart Services.
We may revise and update this EULA from time to time at our sole discretion. All changes will be posted within your Device or through an update within a reasonable period of time before they become effective. They are deemed to be accepted by you unless you have notified us of your refusal within 30 days after the updated effective date. In case of refusal, you can terminate the EULA with immediate effect, in which you may no longer be eligible to receive Smart Services. In all other cases, the updated EULA applies to all access to and use of the Device and the Smart Services thereafter. You acknowledge and agree that it is your responsibility to review our Smart Services and this EULA from time to time to familiarize yourself with any modifications.
Where permitted under applicable law, your continued use of our Smart Services, including your continued use after any changes to the EULA as noted above, will constitute acknowledgment of the new EULA and your agreement to abide and be bound by any modifications to them.
We may provide you with notices (including notices relating to changes to this EULA or termination of the Smart Services or parts thereof) by email, ordinary mail, or postings on or via the Device or Smart Services.
Please direct any additional questions you may have regarding this EULA to the local after-sales service center written on the warranty card inside the box of each Device or email to product.tv.info@gmail.com.
Privacy Policy
This television is equipped with Automatic Content Recognition that enables the use of your television’s anonymized viewing data for the purpose of providing you with a better television experience. This anonymized viewing data may be shared with the broadcasters who provide you with the television broadcast. By enabling Aspect or any individual features of Aspect you are acknowledging, accepting, and consenting to the provisions of the Aspect Privacy Policy:
ASPECT PRIVACY POLICY
Aspect™ is a technology provided with this television by Verance Corporation. Aspect enables content providers to allow televisions to use Internet-enabled features. Aspect works by identifying the content that is played on the device, sending information over its Internet connection and retrieving information about available services to enable enhanced features of the television, such as interactivity or personalization.
What Information is collected from your television?
When the Aspect feature of this television is enabled, it may collect the following types of information (what we call “Aspect Information” in the rest of this document):
· IP Address – the Internet Protocol address generated in the household where the television is connected. This is usually assigned by your Internet Service Provider.
· Program Information – information regarding the broadcaster and program content
· Device Information – information about the television itself, such as manufacturer and model, version of firmware, and a device identifier, as well as information regarding the applications installed on the device
· Time Information – information about when the program content was viewed, and when it was broadcast
What information is NOT collected from your television?
Only the information listed above is collected via Aspect. This means, among other things, that Aspect does NOT collect any of the following:
· Your name, or the name of anybody in your household;
· Your household mailing address or precise location;
· Your contact info (email address, telephone number, etc.);
· Any account or log-in information for any services on your television;
· Any credit card or other payment information for any services on your television
What is done with information collected?
Information collected via the Aspect signal technology is used and shared in the following ways:
· Aspect Information may be used to inform broadcasters and advertisers about viewing trends.
After using the IP address to match the information collected from your Aspect-enabled television with third-party marketing and demographic data, and to determine the ZIP Code of your household (but not any other geolocation information, such as your physical address), the IP address is then translated to create an anonymous household ID, so that no individual household is actually identified. The IP address is discarded within thirty (30) days. This information is then provided in aggregated form (i.e., so that no individual households are identified or singled out) to television broadcasters and advertisers to provide an understanding of viewing activity nationally and in each television market. This allows the broadcasters and advertisers to make informed decisions about how to schedule various programs and advertisements.
· Aspect Information may be used to trigger certain features and services within the television.
The Aspect signal can also be used to trigger additional features and services on televisions, such as enhanced audio, enhanced emergency alert, interactivity, personalized content, and other valuable features. In this case, the information collected can be used to determine the ability of your television to take advantage of these features and services, and to deliver content and information via the television’s Internet connection as part of these features and services.
· Aspect Information may be shared with third parties interested in aggregated viewer data.
Aspect Information may be shared with certain third-party marketing data providers and with television broadcasters and advertisers interested in aggregated viewing data. In all cases, the sharing of information will be governed by agreements which require such third parties to maintain the privacy and security of the Aspect Information in a manner that is at least consistent with the terms of this policy document, as well as with all applicable laws and regulations regarding consumer data privacy, and prohibit the third parties from attempting to identify any individual.
· Aspect Information may be aggregated with other data from third parties.
Verance obtains various marketing data from third parties, including certain basic demographic data. You should be aware that this information will be matched, using the IP address, to certain Aspect Information provided by your Aspect-enabled television. However, we do not use any information from these third parties to identify any individual.
How long is Aspect Information retained?
As described above, your IP address is retained for only 30 days, after which it is discarded. Collected Program Information and Device Information may be retained longer to fulfill the purposes discussed in this policy, for other legitimate business purposes or such longer time as may be necessary to comply with applicable law.
Security
Reasonable data security measures are in place to protect data held by Verance and to minimize the potential for loss, theft, misuse, or unauthorized access to or disclosure of the Aspect Information. Verance takes other steps to protect the collected Aspect Information. For example, all collected IP addresses are “hashed” before the Aspect Information is provided to third parties and the IP addresses are discarded within 30 days. In addition, the Aspect signal does not collect personal information (i.e., information that alone or in combination can identify an individual). Third-party partners who analyze or use Aspect Information are also required to implement reasonable security measures. These third parties are also not permitted to combine or associate the Aspect Information with any personal information. The Aspect Information is encrypted when it is transmitted to any third party.
International
The Aspect service operates only in the United States of America. Implementers of Aspect are not permitted to collect data from, or transfer collected data to, territories outside the US.
Your Rights
Opt-in at television setup.
During the initial set up of your television, or if your television is reset to factory settings, you will be presented with this policy and the opportunity to choose to enable the Aspect technology to take full advantage of your smart television. The format of this presentation and opt-in opportunity may vary depending on applicable law in your area.
Opt-out anytime.
By accessing your television’s settings menu or resetting your television to its factory default settings, you can choose at any time to discontinue (i.e., opt-out) the Aspect signal detection and information collection. Please note that this may impact your television’s ability to take advantage of any additional features or ancillary services which are enabled by the Aspect signal. You can also contact Verance to instruct us to discard any Program Information or Device Information that may have been stored in association with your household ID. Please consult the manufacturer’s manual or other instructions for your television on how to opt out of the Aspect signal and/or have Verance discard stored household information.
California Rights.
California residents have the following rights under the CCPA/CPRA:
· The right to know what personal information we collect about you, from whom it is collected, why it is collected, and, if sold, to whom it was sold;
· The right to delete personal information about you collected by us;
· The right to opt-out of the sale of your personal information, or, for consumers under the age of 16, the right to opt-in to the sale of their personal information;
· The right to non-discriminatory treatment for exercising any of these rights;
· The right to initiate a private cause of action for data breaches;
· The right to correct inaccurate personal information collected by us; and
· The right to limit the use and disclosure of sensitive personal information (e.g., social security number, driver’s license number, account log-in information, precise geolocation, racial or ethnic origin, the contents of mail or email, genetic data).
Other Rights.
Depending on where you live, you may have other and/or additional rights. We will comply with all applicable privacy requirements.
Changes to this Aspect Privacy Policy.
From time to time we may modify this Aspect Privacy Policy. The most current version will always be available via your television’s settings menu.
How to contact us:
Aspect
PO Box 86851
San Diego, CA 92131
ATTN: Aspect Privacy Officer
AspectPrivacyOfficer@verance.com
(858) 202-2800
DATA PROTECTION POLICY
(Effective Date: July 29, 2025)
The Data Protection Policy set forth below (the “Data Protection Policy”) applies to your use of the Device, Application(s), Site, and any Smart Services (collectively, including the Device, Applications, and Smart Services, the “Services”) accessible through the Device. This Data Protection Policy is provided by Hisense International Co., Ltd (hereinafter referred to as “we”, “us” or “ours”).
The entity responsible for processing your personal data pursuant to this Data Protection Policy is:
Hisense International Co., Ltd.
No. 218, Qianwangang Road, Economic and Technique Development Zone, Qingdao, China
E-mail: product.tv.info@gmail.com
EU representative for EEA residents:
VERDATA Datenschutz GmbH & Co. KG
Roemerstr. 12
D – 40476 Duesseldorf
Email: hisense.representative@verdata.eu
By using our Services, you understand and acknowledge that the collection and use of your Personal Data will be made in accordance with the Data Protection Policy. If you do not feel comfortable with any part of this Data Protection Policy, please discontinue the use of the Services or engage with us immediately.
Introduction
We are committed to protecting the privacy of all our users. The purpose of this Data Protection Policy is to inform you about the types of information we gather about you, how we may use that information, how we disclose it to third parties, and the rights and controls you have with respect to your personal information.
This Data Protection Policy applies to information about you that is collected by us as set forth herein.
This Data Protection Policy does not apply to information that you provide directly to, or is collected by, unaffiliated third parties whose Smart Services you access via the Device, which are controlled by such third parties and whose use may be governed by a separate privacy policy and/or terms of use (for example, a channel or Application operator that is unaffiliated to us). You should review the applicable privacy policy and/or terms of use of any third-party service providers whose Smart Services you access via the Services.
1. IMPORTANT DEFINITIONS
“Adequate Jurisdiction” means a jurisdiction that has been formally designated by the European Commission as providing an adequate level of protection for Personal Data.
“Application(s)” means an embeddable, downloadable, and/or executable software application owned by us or a third party and made available on the Device.
“Content” means all audio and visual elements and ideas offered by us or third parties, including but not limited to, data, movies, videos, photographs, software, games, designs, likenesses, artwork, images, music, sound, information, and other materials, tangible and intangible, including derivative works, on all media and formats, existing or in future.
“Controller” means the entity that decides how and why Personal Data are Processed.
“Data Protection Authority” or “Supervisory Authority” means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.
“Device” means this Smart TV.
“EEA” means the European Economic Area.
“Materials” collectively means any Content, Submitted Content (where applicable and as further defined herein), messaging, blogging, chatting, social networking, information, advertising, and/or Internet links, etc., accessible or delivered through the Device.
“Personal Data” (used interchangeably with the term “Personal Information”) may refer to any information that identifies or makes an individual identifiable or, depending on as defined by the law applicable in your location. In the UK and EEA, Personal data shall mean any information relating to an identified or identifiable natural person. Only the definition that applies to your physical location will apply to you under this Data Protection Policy.
“Process”, “Processing” or “Processed” means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
“Sensitive Personal Data” means personal data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offenses or penalties, national identification number, or any other information that may be deemed to be sensitive under applicable law. Other non-EU jurisdictions, such as Mexico, may define sensitive personal data more generally to include the following: photographs, national origins, or payment records (e.g., credit card numbers, expiration dates, and records of checks.)
“Site” means any website operated, or maintained, by us or on our behalf.
“Smart Services” means the access, procurement, disposal, sale, purchase, subscription, lease, rental, consultation, or other use of Materials, and all other types of services or functions typically available from the Internet, offered by us or by third parties, through Application(s).
“Submitted Content” means any Content submitted, uploaded, or posted by you, on behalf of you, or by other users, on or through your Device or the Smart Services.
2. WHAT DATA DO WE COLLECT
We collect Personal Data when you interact with our Services.
The types of Personal Data that we may collect about you include but are not limited to: information you provide to us, information collected automatically about your use of our Services, and information from third parties.
Information You Voluntarily Provide to Us: The Personal Data we collect on or through our Services may include:
(1) Data you provide: We may obtain your name, email address, mailing address, or other contact details when you provide it to us (e.g., where you contact customer service via email or telephone, register an account, submit a form through our Site, your Device, or newsletter signup).
(2) Relationship data: We may collect or obtain information in the ordinary course of our relationship with you (e.g., your contact information for technical support or fulfillment purposes, or if you purchase a product or service from us, including any Smart Service).
(3) Data you make public: We may collect or obtain your Personal Data that you choose to make public, including via social media (e.g., we may collect information from your social media profile(s), if you make a public post about us).
(4) Application data: We may collect or obtain your Personal Data when you download or use any Applications, including your user name, device ID, or other technical identifiers.
(5) Submitted Content: We may collect or obtain your Personal Data when you provide any Submitted Content.
(6) Site data: We may collect or obtain your Personal Data (including non-directly identifiable information, such as IP address, cookie IDs, and login information) when you visit any of our Sites or use any features or resources available on or through a Site.
(7) Registration details: We may collect or obtain your Personal Data when you use, or register to use, any Applications or Smart Services.
(8) Content and advertising information: If you choose to interact with any third-party Content or advertising in any Applications or Smart Services, we may receive Personal Data about you either directly or from the relevant third party providing that Application or Smart Service.
(9) Promotions and feedback: We may collect or obtain your Personal Data relating to your voluntary participation in a promotion or survey that we may ask you to complete for research purposes.
(10) Payment information: We, or service providers on our behalf, may collect payment card, transaction or financial account information, if you make a purchase online or sign up via order forms.
(11) Device permissions: We may collect information relating to your use of features on our Services that may ask you to grant us access to location information, photos, microphone, video camera, or media on your computer, mobile device, or other Device.
(12) Third-party information: We may collect information that you provide to us about others, such as the name or contact information of individuals with whom you would like to share one of our webpages or promotions. Please only share such information with us if you have obtained the permission of the other person to do so.
Information Collected Automatically: As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
(1) Activity and Usage Data: when you browse our Site, our systems automatically collect information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, domain names, referring and exit pages and URLs, platform type, pages viewed and the order of these page views, the amount of time spent on particular pages, and the date and time of your request.
(2) Mobile Device Information: if you access the Services through a mobile device (e.g., a smart phone or a tablet), we may be able to identify the general location of your mobile device, your mobile device’s brand, model, operating system, resolution, screen size, system version, and mobile network information.
(3) Performance Data: information about your preferences to make your use of the Services more productive, via the use of cookies or similar tracking technologies.
Information from Third Parties: When you interact with our Services or accounts on a social media platform, we may collect the Personal Data that you or the platform make available to us on that page or account, including your social media account ID and/or user name associated with that social media service, your profile picture, email address or information about the people and groups you are connected to and how you interact with them, and any information you have made public in connection with that social media service.
The information we obtain depends on your privacy settings on the applicable social media service; we will comply with the privacy policies of the social media platform and we will only collect and store such Personal Data that we are permitted to collect by those social media platforms. When you access our Services through social media channels or when you connect our Services to social media services, you are authorizing us to collect, store, and use such information and content in accordance with this Data Protection Policy.
3. COOKIES AND OTHER TRACKING TECHNOLOGIES
Where applicable, we and our third-party service providers and partners may use cookies, embedded scripts, and other similar technologies (collectively, “Tracking Technologies”) to collect additional Personal Data automatically as you interact with the Services and to personalize your experience with our Services. |
Cookies.
Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information. We use first-party and third-party cookies for the following purposes:
to make our Services function properly;
to improve our Services;
to make login to our Services easier (such as by remembering your user ID);
to recognize you when you return to our Services and to remember the information you have already provided;
to track your interaction with the Services;
to collect information about your activities over time and across third-party websites or other online services in order to deliver content and advertising tailored to your interests;
and to provide a secure browsing experience during your use of our Services.
We may place cookies from third-party service providers and partners who may use information about your visits to other websites to target advertisements for products and services available from us. We do not control the types of information collected and stored by these third-party cookies. You should check the third-party’s website for more information on how they use cookies. The following types of cookies are used on our Site:
Strictly Necessary Cookies. These cookies are essential because they enable you to use our Site as you reasonably expect. For example, strictly necessary cookies allow you to access secure areas on our Site and provided necessary security functions. Without these cookies, some Site features cannot be provided. This category of cookies is essential for our Site to work and so they cannot be disabled.
Functional or Preference Cookies. We use functional cookies to remember your choices so that we may tailor our Site to provide you with enhanced features and personalized content. For example, these cookies can be used to remember your name or preferences on our Site. While these cookies can be disabled, this may result in less functionality during your use of our Site.
Performance or Analytic Cookies. These cookies collect passive information about how you use our Site, including webpages you visit and links you click. We use the information collected by such cookies to improve and optimize our Site. You can disable these cookies.
Advertising or Targeting Cookies. These cookies are used to make advertising messages more relevant to you. They may perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting ads that are based on your inferred interests. Our third-party advertising partners may use these cookies to build a profile of your interests and deliver relevant ads on other sites. You may disable the use of these cookies as noted below.
Your Choices.
Your web browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. You can exercise your preferences in relation to cookies served on our Site by taking the steps outlined below.
First-Party Cookies. You can use the browser with which you are viewing this Site to enable, disable, or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the Site. Also, if you disable cookies, other parts of the Site may not work properly. You can find more information about how to change your browser cookie settings at http://www.allaboutcookies.org.
Third-Party Cookies. Many advertising companies that collect information for interest-based advertising are members of the Digital Advertising Alliance (DAA) or the Network Advertising Initiative (NAI), both of which maintain websites where people can opt out of interest-based advertising from their members. To opt-out of website interest-based advertising provided by each organization’s respective participating companies, visit the DAA’s opt-out portal available at http://optout.aboutads.info/, or visit the NAI’s opt-out portal available at http://optout.networkadvertising.org/?c=1.
Residents of the European Union may opt-out of online behavioral advertising served by the European Interactive Digital Advertising Alliance’s participating member organizations by visiting https://www.youronlinechoices.eu/.
To opt-out of data collection for interest-based advertising across mobile applications by participating companies, download the DAA’s AppChoices mobile application opt-out offering here: https://youradchoices.com/appchoices.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. In addition, most web browsers provide help pages relating to setting cookie preferences. More information may be found for the following browsers here:
Google Chrome: https://support.google.com/chrome/answer/95647
Internet Explorer: https://support.microsoft.com/en-us/topic/description-of-cookies-ad01aa7e-66c9-8ab2-7898-6652c100999d
Mozilla Firefox: https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer
Safari (Desktop): https://support.apple.com/en-us/guide/safari/sfri11471/mac
Android Browser: https://support.google.com/nexus/answer/54068?visit_id=638035184398113524-4063500978&hl=en&rd=1
Opera Mobile: https://help.opera.com/en/mobile/android/#privacy
Other Tracking Technologies.
To see how our Site is performing, we sometimes use conversion beacons, tags, scripts and pixels, which fire a short line of code to tell us when you have clicked on a particular button or reached a particular page. We also use these tracking technologies to analyze usage patterns of our Services. The use of these technologies allows us to record that a particular device, browser, or application has visited a particular webpage.
Cross-Device Use.
We and our third-party service providers may use the information that we collect about you (whether directly from our Site, from our mobile applications, through your device(s), from a third party, or via your use of Services through your Device, such as Enhanced Viewing Service) to help us and our third party service providers identify other devices that you use (e.g., a mobile phone, tablet, other computer, etc.). We and our third-party service providers may also use the cross-device use and other information we learn about you to serve targeted advertising on your devices and send you emails. To opt-out of cross-device advertising, you may disable or opt-out of personalized advertising at any time via opting out of advertising cookies on our website or by disabling personalized advertising via your Device. Please note that your opt-out will be specific to the web browser, app, or device from which you accessed the opt-out. If you use multiple devices or web browsers, you will need to opt-out each browser or device that you use.
Do Not Track.
Because uniform standards for “Do Not Track” signals have not been adopted, our Site does not currently process or respond to “DNT” signals.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your Personal Data as described in this Data Protection Policy or as disclosed to you prior to such processing taking place. The purposes for which we may use your Personal Data include:
(1) Provision of Services to you: providing Sites, Applications and Smart Services to you; registering your account on your Device; providing you with other products and services that you have requested; providing you with promotional items at your request; and communicating with you in relation to those products and services; operating and managing Sites, Applications and Smart Services; providing Content to you; displaying advertising and other information to you; communicating and interacting with you via Sites, Applications and Smart Services; and notifying you of changes to any Sites, Applications and Smart Services.
(2) Operation of the Device: providing and maintaining services in connection with the Device; administering the Device (including Processing any searches or requests for certain Materials, recommending Materials, providing blogs, open forums, discussion pages or personalized features).
(3) Maintain legal and regulatory compliance: our Services are subject to certain laws and regulations which may require us to process your personal information. For example, we process your personal information to fulfill our business obligations, to manage risk as required under applicable laws and regulations, or to respond to requests by judicial process or governmental agency.
(4) Enforce compliance with our terms, agreements and policies (“Terms”): when you access or use our Services, you are bound to our terms, including our End User License Agreement. We may process your personal information for compliance purposes, such as carrying out our obligations and enforcing our Terms or other legal rights, including those arising from any contracts entered into between you and us, including for billing and collection.
(5) Detect and prevent fraud and security risks: we may process your personal information to help monitor, prevent and detect fraud and abusive use of our Service, monitor and verify your identity so that unauthorized users do not gain access to your information, enhance system security, and combat spam, malware, malicious activities, or other security risks, operation of IT security systems, and conducting IT security audits.
(6) Provide support or respond to you: we collect any information that you provide to us when you contact us. Without your personal information, we cannot respond to you or ensure your continued use and enjoyment of our services.
(7) Provide you with service-related communications: we may send you administrative or account-related information to keep you updated about your account and our services. Such communications may include information about Data Protection Policy updates, confirmations of your account actions or transactions, security updates, or other relevant transaction-related information. Service-related communications are not promotional in nature. You are not able to unsubscribe from such communications, otherwise, you may miss important developments relating to your account or our services.
(8) Provide other communications to you: communicating with you via any means (including via email, telephone, text message, social media, post or in person) news items and other information in which you may be interested, subject to ensuring that such communications are provided to you in compliance with applicable law; maintaining and updating your contact information where appropriate; and obtaining your prior, opt-in consent where required.
(9) Financial management: sales; finance; corporate audit; and vendor management.
(10) Surveys and polls: engaging with you for the purposes of obtaining your views on our products and services, including for research purposes.
(11) Investigations: detecting, investigating and preventing breaches of policy and criminal offences in accordance with applicable law.
(12) Improving our Sites, Applications and Smart Services: identifying issues with Sites, Applications, and Smart Services; planning improvements to Sites, Applications, and Smart Services; and creating new Sites, Applications, and Smart Services.
(13) Personalize your experience: saving your user account, registration and profile data or other Personal Data (so you do not have to re-enter it each time you visit or use the Device or Services); tracking your return visits to and use of the Services; tailoring your experience on the Services; using information about your viewing history or purchase history to make contextual inferences while using our Services; and/or otherwise customizing what you see when you visit and use the Services;
(14) With your consent: for any other purpose disclosed to you before you provide us with your Personal Data or which is reasonably necessary to provide the Services or other related products and/or services requested, with your permission or upon your direction.
5. HOW WE SHARE AND DISCLOSE DATA
There are times where we may share the information described in this Data Protection Policy, and this section describes how we may share such information. Generally speaking, we will only disclose your Personal Data to the extent that such disclosure is necessary: (i) to provide you with Smart Services you have requested; (ii) for compliance with applicable law; (iii) to establish, exercise or defend our legal rights; or (iv) to the extent necessary in connection with the sale or reorganization of any relevant portion of our business. Such sharing applies to all of the categories of Personal Data that we collect.
We may share or disclose your personal information in the following circumstances:
(1) Within Our Corporate Organization. We may share your Personal Data with our subsidiaries and affiliates in order to provide you with the Services and take actions based on your request, as well as for the purpose of management and analysis.
(2) Service Providers. We may employ other companies and individuals to facilitate our Services, provide services on our behalf, perform service-related business activities, or assist us in analyzing how our Services are used. These service providers provide us support services such as credit card processing, payment gateways, subscription processing, website hosting, online store platforms, customer relationship management, order fulfillment, email and postal delivery, analytics, surveys, digital rewards, and marketing services. The service providers have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
(3) To Facilitate Corporate Acquisitions, Mergers and Transactions. We may disclose Personal Data to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by us about our Services users is among the assets transferred. You agree to and do hereby consent to our assignment or transfer of rights to your Personal Data.
(4) As Required by Law and to Protect Lawful Interests. We may disclose your information if we believe that the disclosure is required by law, if we believe that the disclosure is necessary to enforce our agreements or policies, in response to valid requests by public authorities (e.g., a court or a government agency), or if we believe that the disclosure will help us investigate or prevent crimes (including fraud) or protect the rights, property, or safety of us or our customers. We may also share your information with our data protection officers, legal counsels, and other professional advisors , for the management of our business and for legal compliance purposes.
(5) With Business Partners. We may provide Personal Data to unaffiliated third-party business partners, such as personalized advertising partners where it is available on your Device. You may opt out of such sharing at any time by contacting us or by disabling the use of services that enable such sharing, such as Enhanced Viewing Service within a Device.
(6) With Your Consent. We may disclose your personal information for any purpose with your consent.
Please note that we may disclose, without restriction, aggregated or anonymized information about the users of our Services, which is information that does not identify any specific individual.
6. ENHANCED VIEWING SERVICE AND AUTOMATED CONTENT RECOGNITION
Where available, we offer an Enhanced Viewing Service (“EV Service”) that, where available and when activated, adjusts your sound and video quality based on what you are watching in real time and provides you with useful, interactive features, content recommendations, and personalized advertisements. This is an optional service that you must opt-in to via your Device during the initial setup or any time after within the Device’s “Settings” menu. From the Settings menu, you may also choose to enable all, some, or none of Enhanced Viewing Service’s features. Please be noted that the EV service is not available in all regions worldwide nor in all models of Device. It may not currently be available on your Device.
The EV Service uses Automated Content Recognition (“ACR”) technology, which works by analyzing and matching onscreen audio sounds that come from your Device (such as a TV show’s dialogue or a movie streaming from an app or music playing during a commercial) against an extensive database of programming content. When the content is recognized, we can use this ACR data for content recommendations, advertising, and where available, to automatically optimize your picture quality based on the type of content you are watching (e.g., optimizing the picture mode to watch sports versus a movie).
Through the EV service and ACR technology, we may collect and use data from your Device, including: device and usage information; log data about your use of Applications and services; user ID or other identifiers; your Device’s IP address; product registration data; geolocation or information that can be used to derive geolocation; your Device viewing history; behavioral and demographic information; and your general device location (together, “Viewing Data”). If you opt-in to the EV Service, we may collect and use your Viewing Data even if the EV Service is not currently available on your Device.
Viewing Data will be used to help our advertising partner Nexxen Inc. and its partners select, deliver, and measure personalized ads shown to you on your Smart TV or other linked devices sharing the same IP address, based on audience segmentation created from your viewing habits. By giving your consent to personalized ad targeting, you therefore also allow Nexxen Inc. to use your household IP address to identify other devices linked to you or your household for such advertising purposes. If you do not consent to personalized ads, you will still see ads, but they may not be as interesting to you.
For more information, including regarding how Nexxen Inc. may share your data with its partners for such purposes, please review Nexxens privacy policy (available at: https://nexxen.com/services-privacy-policy/). You can also see each partner and how they may use data about you and your household at https://nexxen.com/acr-data-partners/ .
We use and may share this information for the purpose of delivering to you the EV Service, device-specific viewing recommendations, and serving relevant advertising. You may opt-in or opt-out of EV Service at any time through the Device’s “Settings” menu.
For more information, including details on the technical aspects of the EV Service and ACR data, please see our Enhanced Viewing Service Privacy Notice.
7. SECURITY OF THE INFORMATION WE COLLECT
We maintain physical, administrative, technical, and organizational safeguards designed to maintain the confidentiality and security of your Personal Data. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted through use of any Device or Smart Services. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures for the Device or the Smart Services. The safety and security of your information also depends on you. Where you have chosen a password for access to certain parts of our Services, please keep your account and password safe. Please do not share your password with anyone.
8. RETENTION
We store your Personal Data within the period of your valid consent or the period under the contract between you and us, unless there are other different requirements according to applicable laws. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data or the information you provided to us to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. We will retain your marketing contact information until you unsubscribe from our marketing communications. We will also retain Site, Applications, and Device usage data for internal analysis purposes.
9. COLLECTION OF CHILDREN PERSONAL DATA IS NOT PERMITTED
We are committed to protecting the Personal Data of children, and recognize that parents or legal guardians may purchase the Device for family use, including by minors. As such, Smart Services accessed through the Device are not intended for use by individuals under the local adult legal age minimum, and we will not knowingly collect Personal Data from individuals under such age for any purpose, nor will we accept registration from such individuals. In some cases, particularly where information is collected electronically, we may not be able to determine whether information was collected from children under local legal age, and we treat such information as though it were provided by an adult. If we learn that a child under the local legal age has provided any Personal Data, we will use commercially reasonable efforts to delete such information immediately.
WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR THE USE OR MISUSE OF SUCH FEATURES IN OUR SERVICES BY CHILDREN IN VIOLATION OF THIS DATA PROTECTION POLICY.
10. ACCESS, CORRECTION, AND DELETION OF YOUR PERSONAL DATA
You have the ability to access, correct, and delete your Personal Data that you shared with us on our Services or through other written or oral means. We are committed so that your Personal Data is kept accurate and up to date. However, it is up to you to update it with any changes. In most cases, you can review and submit changes to your Personal Data by logging into your account and visiting your account profile page. You may also notify us via the information in the “Contact Us” section below to request access to, or to correct any Personal Data that you have provided to us. We may not accommodate a request to delete or change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you no longer wish to have your Personal Data processed, you may request to delete your account (username and password), subject to certain limitations, by contacting us as described in “Contact Us” section below.
Please note that if you would like to deactivate the Smart Services or withdraw your consent, this does not automatically delete all of your Personal Data collected by us or on our behalf. However, you can delete all of the account-related Personal Data you have provided us by deleting your account or by contacting us with your request as described below.
11. COMMUNICATION PREFERENCES
In order to provide service to you, we may send you communications related to your transactions, security, or the administration of our Services. From time to time, we may also send you other messages or updates about us, our website, our operating systems, Device, or our other products and offerings. If you do not wish to receive non-marketing communications from us, you may opt-out by clicking the “unsubscribe” link in the communication or by contacting us as specified in the “Contact Us” section below.
Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process, and apply, during which time your information shall remain subject to the prior privacy settings.
By downloading and using our mobile applications, you may receive messages, reminders, offers, news, and information from us within the mobile application itself. These “in app” messages are part of our mobile application’s functionality but can be adjusted using your device or app settings.
12. SENSITIVE PERSONAL DATA
We do not seek to collect or otherwise Process your Sensitive Personal Data in the ordinary course of our business. We ask that you not provide us with any Sensitive Personal Data. In some jurisdictions, the uploading of photos to a user account or the storage of payment card information, for instance, may constitute collection of Sensitive Personal Data, and we comply with applicable law in relation to residents of those locations. Although we generally do not collect or Process Sensitive Personal Data, in situations where applicable law requires it, we rely on one of the following legal bases:
Compliance with applicable law: We may Process your Sensitive Personal Data where the Processing is required or permitted by applicable law;
Detection and prevention of crime: We may Process your Sensitive Personal Data where the Processing is necessary for the detection or prevention of crime (including the prevention of fraud);
Establishment, exercise or defense of legal rights: We may process your Sensitive Personal Data where the processing is necessary for the establishment, exercise, or defense of legal rights; or
Explicit Consent: We may Process your Sensitive Personal Data where we have, in accordance with applicable law, obtained your prior, express consent prior to processing your Sensitive Personal Data (this legal basis is only used in relation to processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
13. NOTICE TO EEA, U.K, AND SWISS RESIDENTS
This section provides general information about how we collect, store, use, transfer and otherwise process personal data in or from certain countries in the European Economic Area, the United Kingdom, and Switzerland, in accordance with the General Data Protection Regulation (“GDPR”) and its local implementations.
We may ask you to identify which country you are located in when you use or access some of the Services, or we may rely on your IP address to identify which country you are located in. If any terms in this section conflict with other terms contained in this Data Protection Policy, the terms in this section shall apply to respective individuals.
a. Legal Bases for Processing Your Personal Data
Our legal bases for processing your Personal Data under the GDPR will depend on the Personal Data at issue, the specific context in which the Personal Data is collected and the purposes for which it is used. Below is how we use and share your Personal Data, as described above in Section 4 and Section 5 with the corresponding legal bases for processing.
1. Based on our legal obligations. Article 6(1) lit.(c) GDPR:
Section 4(3) Maintain legal and regulatory compliance.
Section 4(5) Detect and prevent fraud and security risks.
Section 5(4) As Required by Law and to Protect Lawful Interests.
2. Based on our contract with you or to take steps at your request prior to entering a contract. Article 6(1) lit.(b) GDPR:
Section 4(1) Provision of Services to you.
Section 4(2) Operation of the Devices.
Section 4(4) Enforce compliance with our Terms, Agreements and Policies.
Section 4(6) Provide support or respond to you.
Section 4(7) Provide you with service-related communications.
Section 4(9) Financial management.
Section 4(10) Surveys and polls.
Section 4(11) Investigations.
Section 5(1) Within Our Corporate Organization.
Section 5(2) Our Service Providers.
3. Based on our legitimate interest to operate our business and not overridden by your data protection interests or fundamental rights and freedom. Article 6(1) lit.(f) GDPR:
Section 4(8) Provide other communications to you.
Section 4(12) Improving our Sites, Applications and Smart Services.
Section 4(13) To personalize your experience.
Section 5(3) To Facilitate Corporate Acquisitions, Mergers, and Transactions.
4. Based on your consent. Article 6(1) lit.(a) GDPR:
Section 4(14) With your consent.
Section 5(6) With Your Consent.
b. Data Subject Rights.
Your rights in relation to our processing of Personal Data concerning you are set out below. Please note that not all such rights apply in all circumstances.
If you would like to exercise your rights under applicable laws, please contact us via the identified at the beginning of this policy. In your request, please make clear which right you would like to exercise. Upon receiving your rights request, we may seek to verify your identity to ensure the security of your Personal Data. If you assert any of these rights, we will make reasonable efforts to do so within one (1) month or, to the extent permitted by applicable law, as soon as reasonably practicable.
● Right to access. You have the right to obtain to access the Personal Data that we hold about you, as well as other supplementary information, such as the purposes of processing, and the entities to whom we disclose your Personal Data. You are also entitled to copies of the Personal Data you have provided to us that we process, unless there are reasons why we cannot provide these, for instance, if by doing so we will adversely affect the rights and freedoms of others in relation to Personal Data concerning them.
● Right to rectification. You have the right to correct any incorrect Personal Data in our files.
● Right to erasure. Under certain circumstances, you may have the right to the erasure of the Personal Data that we hold about you. This right is not absolute, and we may refuse your right to erasure if there are compelling legitimate grounds for keeping your Personal Data.
● Right to restrict processing. You have the right to request that we restrict our processing of your Personal Data in certain circumstances. For instance, this right may be available if you contest the accuracy of the Personal Data.
● Right to object to processing. You may have the right to object to our processing of your Personal Data at any time and as permitted under applicable law if we process your Personal Data on the legal bases of consent or legitimate interests. However, we may continue to process your Personal Data if it is necessary for the defense of legal claims, or for any other exceptions permitted under applicable laws.
● Right to portability. Under certain circumstances, you may have the right to receive Personal Data we hold about you in a structured, commonly used, and machine-readable format so that you can provide that Personal Data to another controller.
● Right to lodge a complaint. Without prejudice to any other administrative or judicial remedy, you may have the right to lodge a complaint with a supervisory authority if you consider that the processing of Personal Data relating to you infringes applicable laws. If you ask us, we will endeavor to provide you with information about relevant complaint avenues which may be applicable to your circumstances.
● Automated Decision-Making. You have the right to not have automated decision making made about you. We do not make any decisions based solely on algorithms or other automated processing that produces legal effects or similarly significantly affects you.
You also have the right, for reasons arising out of your particular situation, at any time to withdraw your consent for the processing of the data concerned. In this case, we will no longer process the data concerning you, unless we can prove compelling reasons of protection for the processing that outweigh your interests, rights and freedoms, or processing is for the purpose of asserting, exercising, or defending legal claims.
c. Retention.
As a general rule, we keep your Personal Data for only as long as it is needed to complete the purpose for which it was collected or as required by law. We may need to keep your data for longer than our specified retention periods to honor your requests, including to continue keeping you opted out of marketing emails, or to comply with legal, regulatory, accounting or other obligations. For more information, please see Section 8 above.
14. NOTICE TO RESIDENTS OF CERTAIN STATES IN THE UNITED STATES
This section advises residents of the United States who reside in states that have a comprehensive consumer privacy law currently in effect. This section describes how residents of such states, including California, Colorado, Connecticut, Oregon, Texas, Utah and Virginia, may exercise rights under the consumer privacy laws applicable to their state of residence (“U.S. State Privacy Laws”).
The definition of “personal information” depends on the applicable law in your U.S. State Privacy Law state. For purposes of this section, “personal information” is any data that identifies or makes an individual identifiable. Personal information does not include information that is publicly available, deidentified or aggregated, or otherwise excluded from the scope of applicable U.S. State Privacy Laws.
Privacy rights include the following:
(a) Right to Know/Access. You may have the right to obtain a copy, or a list of categories of the personal information that we hold about you, as well as other supplementary information, such as the purposes of processing, and the entities to whom we disclose your personal information.
(b) Right to Correct. You may have the right to correct any of your personal information in our records and systems that is inaccurate.
(c) Right to Delete. Under certain circumstances, you may have the right to request that we delete the personal information that we hold about you. This right is not absolute, and we may refuse such a request if there are compelling legitimate grounds for keeping your personal information or as required by law. In addition, in the event your deletion request is honored, we may retain a record of your deletion request as required under applicable laws and their exceptions.
(d) Right to Portability. You may have the right to receive a copy of the personal information we have collected about you in a structured, commonly used and machine-readable format.
(e) Right to Opt-Out Sale / Right to Opt-Out of Sharing for Targeted Advertising. You may have the right to opt-out of: (i) the sale of your personal information to third parties; and (ii) the sharing of your personal information for targeted advertising. While we do not sell your personal information for money, we use cookies, pixels, software development kits, advanced programming interfaces, third-party integrations within our Device operating systems, and similar technology, and we make available certain information, such as your IP address or device identifiers, to certain third-party advertising partners in order to improve your user experience and to optimize our marketing activities. Under some state privacy laws’ broad definition of “sell”, this could be considered a sale, and it could be considered “sharing” of your personal information for targeted, cross-context behavioral advertising purposes.
You have the right to direct us not to sell your personal information to third parties, and to direct us not to share or use your personal information for targeted advertising purposes. To exercise your right to opt-out, please submit a request by clicking on the “Do Not Sell/Share My Personal Information” link within the settings menu of your Device or Service, or by emailing us as described in the “Contact Us” section below. Please note that you may still receive generalized ads after opting out of targeted advertising.
(f) Right to Limit Use and Disclosure of Sensitive Personal Information. If you are a California resident, to the extent your sensitive personal information, as that term is defined under California privacy law, is used to infer characteristics about you, you have the right to object to our processing of your sensitive personal information. We do not use sensitive personal information to infer characteristics about you.
(g) Right to Opt-Out of Automated Decision-making or Profiling. You may have the right not to be subject to a decision which significantly impacts your rights that is based solely on automated processing (where a decision is taken about you using an electronic system without human involvement). No decision will be made by us about you solely on the basis of automated decision making which has a significant impact on you.
(h) Right Against Discrimination. You may have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your rights.
(i) Right to Appeal. In certain jurisdictions, you may have the right to appeal if we refuse to take action on your rights request. Instructions on how to appeal will be provided to you upon such a denial, but in any event, such instructions will be substantially similar to those provided below for submitting requests.
(j) Shine the Light. If you are a California resident, you have the right to ask us for a notice describing what categories of personal information we share with third parties or corporate affiliates for those third parties’ or corporate affiliates’ direct marketing purposes.
(k) Right to Withdraw Consent. In certain jurisdictions, to the extent the processing of your information is based on your consent, you may withdraw your consent at any time. Your withdrawal will not affect the lawfulness of our processing before your withdrawal.
(l) Marketing Communications. You may choose to provide us with your email address to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in emails that you receive. If you decide not to receive promotional emails, we may still send you service-related communications. If you sign up to receive text messages from us that contain promotional information, you can opt-out of receiving future messages by replying “STOP.”
Please note that “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process, and apply, during which time your information shall remain subject to this Section. Additionally, you should be aware that any information provided to third-parties prior to your election to unsubscribe will not be retrieved or rescinded, unless required by applicable law.
As mentioned above, depending on where you reside, you may be able to assert certain rights with respect to your personal information. To determine which rights you have, please refer to the table below that references the rights as described above in the “Consumer Privacy Rights” section. Any places that are not listed either do not have a law providing such rights, or their law does not apply to our operations.
Residence | Applicable Rights |
California | (a) Right to Know/Access; (b) Right to Correct; (c) Right to Delete; (d) Right to Portability; (e) Right to Opt-Out of Sale / Right to Opt-Out of Sharing for Targeted Advertising; (f) Right to Limit Use and Disclosure of Sensitive Personal Information; (g) Right to Opt-Out of Automated Decision-making or Profiling (upon issuance of regulations by the California Privacy Protection Agency); (h) Right Against Discrimination; and (j) Shine the Light. |
Colorado, Connecticut, Virginia, Oregon, Texas, Utah | (a) Right to Know/Access; (b) Right to Correct; (c) Right to Delete; (d) Right to Portability; (e) Right to Opt-Out of Sale / Right to Opt-out of Sharing for Targeted Advertising; (g) Right to Opt-Out of Automated Decision-making or Profiling; (h) Right Against Discrimination; (i) Right to Appeal; and (k) Right to Withdraw Consent. |
Any Location, including those listed above | (l) Marketing Communications; and (b) Right to Correct. |
Submitting a Request to Exercise Your Rights. In addition to the methods specified above, you may exercise these rights by sending your request via mail to the address provided in the “Contact Us” section.
Before fulfilling your request, we may be required by law to have you to verify the personal information we already have on file to confirm your identity. If we cannot verify your identity based on the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.
You may use an authorized agent to submit a rights request on your behalf. If you use an authorized agent to submit requests on your behalf, we will require you to directly verify your identity with us, or have you directly confirm with us that the authorized agent has been authorized to act on your behalf.
Special Notice to California Residents
This section applies solely to individuals who reside in the State of California. The purpose of this section is to inform California residents (“consumers” or “you”), at or before the time of collection of personal information, about our data collection practices and your privacy-related rights under California law, including the California Consumer Privacy Act of 2018, as amended (“CCPA”).
In the preceding twelve months we may have disclosed these categories of personal information for a business purpose:
· Identifiers
· Personal information categories listed in the CCPA
· Commercial information
· Internet or similar network activity
· Inferences drawn
The sources of this personal information are outlined in Section 2 above (“How We Collect Your Personal Data”); the purposes of information collection are outlined in section 4 (“How We Use Your Personal Data”); and the sharing of this personal information is described in section 5 (“How We Share and Disclose Data”).
We will promptly take steps to respond to your right request within forty five (45) days of receiving a verifiable request form you, when this time period is to be extended by an additional forty five (45) days wherein reasonably necessary, we will provide you notice of extension within the first 45-day period.
15. SPECIAL INFO FOR CANADIAN CITIZENS
Consent
We will obtain your consent to collect, use or disclose personal data except where we are authorized or required by law to do so without consent. For example, we may collect, use or disclose personal data without your knowledge or consent where: the information is publicly available, as defined by statute or regulation; we are obtaining legal advice; or we reasonably expect that obtaining consent would compromise an investigation or proceeding.
Other exceptions may apply.
Your consent can be express, implied, or given through an authorized representative. Consent may be provided orally, in writing, electronically, through inaction (such as when you do not notify us that you do not wish your personal data collected/used/disclosed for various purposes after you have received notice of those purposes), or otherwise.
You may withdraw consent at any time, subject to legal, contractual and other restrictions, provided that you give us reasonable notice of your withdrawal of consent. If you notify us that you withdraw consent, we will inform you of the likely consequences of that withdrawal, which may include our inability to provide certain services for which that information is necessary.
Limits on Collection of Personal Data
We will not collect personal data indiscriminately but will limit collection of personal data to that which is reasonable and necessary. We will also collect personal data as authorized by law.
Limits for Using, Disclosing, and Retaining Personal Data
Your personal data will only be used or disclosed for the purposes set out above and as authorized by law.
We will keep your personal data for as long as necessary in connection with the purposes identified above or as permitted or required by law. You must notify us if you no longer want us to retain your information.
Location of Service Providers, Hosting, and Servers
Our service providers may be located outside of the country in which you are located, and our servers are currently located in the United States of America. You therefore acknowledge that your personal data may be processed and stored in foreign jurisdictions and that governments, courts, law enforcement or government or regulatory agencies in the USA, Canada, and elsewhere may be able to access or obtain disclosure of your personal data under a lawful order or otherwise through the laws of the applicable jurisdiction, irrespective of the safeguards we have put in place for the protection of your personal information.
Access to my Personal Data
You may modify personal data that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of the Site or Application for a period of time.
In some situations, we may not be able to provide access to certain personal data. This may be the case where, for example, disclosure would reveal personal information about another individual, the personal information is protected by solicitor/client privilege, the information was collected for the purpose of an investigation, or where disclosure of the information would reveal confidential commercial information that, if disclosed, could harm our competitive position. We may also be prevented by law from providing access to certain personal data. When an access request is refused, we will notify you in writing, document the reasons for refusal, and outline further steps which are available to you.
Amendment to my Personal Data
Requests to modify any information that exists in Provider notes may be submitted to product.tv.info@gmail.com. Please allow up to thirty (30) days for us to process and respond to your request.
Limitations on Deletion of Data
You may request deletion of your personal data by us. However, we may be required (by law or otherwise) to keep this information and not to delete it. When we delete personal data, it will be deleted from the Services’ active database, but your personal data may remain in our archives. If we disclose some of your personal data to third parties, we may no longer have access to that personal data and cannot force the deletion or modification of any such information by those third parties. After we delete personal data, we may retain de-identified information, and will continue to use the information as permitted under this Privacy Policy.
What choices do I have regarding the use of my personal data?
We may send periodic promotional emails to you. You may opt-out of promotional emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us.
You may also withdraw your consent to our collections, uses and disclosures of your information at any time, subject to legal, contractual, and other restrictions and technical limitations, provided that you give reasonable notice of withdrawal of consent to us. On receipt of notice of withdrawal of consent, we will inform you of the likely consequences of the withdrawal of consent, which may include our inability to provide certain services for which that information is necessary.
16. YOUR MEXICO PRIVACY RIGHTS
You have the right to (i) access your Personal Data; (ii) rectify your Personal Data, if they are inaccurate or incomplete; (iii) cancel your Personal Data; and (iv) oppose the use of your Personal Data for specific purposes (jointly, the "ARCO Rights"). In case you wish to exercise any of the ARCO Rights, please send an email to the account at product.tv.info@gmail.com, which must contain, at least, the following information:
Full name and email address or address, in order to communicate the response to your request.
The documents that prove your identity, or if applicable, that of your legal representative.
A clear description of the Personal Data with respect to which you seek to exercise any of the ARCO Rights.
Any other element or document that facilitates the location of Personal Data.
If required, we may request additional information.
The response to your request will be communicated to you within the following 15 (fifteen) business days and, if it is appropriate, it will be implemented within a maximum period of 20 (twenty) business days.
How can you revoke your consent to the use of your personal data?
You can revoke the consent that, in your case, you have given us for the processing of your personal data. However, it is important that you bear in mind that not in all cases we will be able to respond to your request or terminate the use immediately, since it is possible that due to some legal obligation, we will need to continue processing your personal data. Likewise, you should consider that for certain purposes, the revocation of your consent will imply that we cannot continue to provide the service you requested, or the conclusion of your relationship with us.
To revoke your consent, or to inquire as to the procedure and requirements for doing so, you must submit your request at product.tv.info@gmail.com.
How can you limit the use or disclosure of your personal data?
In order for you to limit the use and disclosure of your personal data, we offer you the following means:
Your registration in the Public Registry to Avoid Advertising (Registro Público para Evitar Publicidad), which is in charge of the Federal Consumer Prosecutor's Office (Procuraduría Federal del Consumidor), so that your personal data is not used to receive advertising or promotions from goods or services companies. For more information about this registry, you can consult the PROFECO Internet portal, or you can contact it directly.
Your registration is in our exclusion list, so that your personal data is not processed for marketing, advertising, or commercial prospecting purposes by us. For more information, you can contact us at product.tv.info@gmail.com.
Non-conformity or complaint to the INAI
If you consider that your right to the protection of Personal Data has been damaged by any conduct or omission on the part of the Data Controller, or you presume any violation of the provisions set forth in the Law, its Regulations, and other applicable regulations, you may file your disagreement or complaint before the National Institute of Transparency, Access to Information and Protection of Personal Data (INAI). For more information, we suggest you visit their official website: www.inai.org.mx.
17. THIRD PARTY MATERIALS, APPLICATIONS, AND ADVERTISEMENTS
Third parties who offer Applications or Materials on a Device may collect Personal Data when you access their Application(s) and Materials. We are not responsible for the data collection and privacy practices employed by such third parties or their services, and they may be collecting data about you and may be sharing it with us and/or others. These third parties and their services may also track you across sites and time, serve you their own advertisements (including interest-based advertisements) and may or may not have their own published privacy policies.
In addition, when you are using the Device you may be directed to other services that are operated and controlled by third parties that we do not control. For example, if you browse the Internet and “click” on a link on a website, the link may take you to a different website. We encourage you to review the privacy policies of all third-party locations when you access a new website or Application and exercise caution in connection with them. We are not responsible for the availability, completeness, or accuracy of such third parties’ policies or notices.
18. BULLETIN BOARDS AND OTHER PUBLIC AREAS
We may offer bulletin boards or other public functions on the Device and/or Smart Services, and any posting by you in these areas is considered public information that is available to other users. We do not control, and are not responsible for, the actions of other users of the Device and/or Smart Services with respect to any information you post in public areas. In addition, information that you submit to public areas may be collected and used by others to send you unsolicited messages and for other purposes. Any posting in bulletin boards and public areas on the Device are governed by the EULA for the Device or the terms and conditions of the applicable third parties web sites. Portions of your user profile may also be available to other users, and you should take care to not use Personal Data in your user name or other information that might be publicly available to other users.
19. INTERNATIONAL TRANSFER OF INFORMATION
Our business operates on a global scale. When you access or submit information to us, your Personal Data may be transferred to, processed, maintained, and used on computers, servers, and systems located where the data protection laws may not be as protective as those in your jurisdiction. If you choose to provide information to us in connection with your use of the Device or Services, please note that we may transfer your Personal Data to servers located in the United States of America, and our processor or affiliates located elsewhere. We will take appropriate contractual or other steps to protect the relevant personal information in accordance with applicable laws.
We rely primarily on the European Commission’s Standard Contractual Clauses to facilitate the international and onward transfer of Personal Data collected in the EEA, to the extent the recipients of the European Personal Data are located in a country that the EEA consider to not provide an adequate level of data protection. We may also rely on an adequacy decision of the relevant regulatory body confirming an adequate level of data protection in the jurisdiction of the party receiving the information, or derogations in specific situations.
We are responsible for the processing of Personal Data we collect and subsequently transfer to a third party acting on our behalf. Before we share your information with any third party, we will enter into a written agreement requiring that the third party provide at least the same level of protection for the personal information as required under applicable data protection laws.
20. DATA PROTECTION POLICY VERSIONS AND CHANGES
We reserve the right to change this Data Protection Policy at any time or for any reason, and will post any changes to this Data Protection Policy within a reasonable period after they go into effect. This Data Protection Policy will remain in full force and effect as long as you are a user of the Service, even if your use of or participation in any particular service, feature, function, or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.
21. CONTACT US
Please direct any questions you may have regarding your data protection or requests to exercise applicable rights described in this Data Protection Policy to our email at product.tv.info@gmail.com.
If you are based in EEA or EEA residents, please contact us at product.tv.info@gmail.com. You may also contact our EU representative:
VERDATA Datenschutz GmbH & Co. KG
Roemerstr. 12
D – 40476 Duesseldorf
Email: hisense.representative@verdata.eu
For Australian residents, we will review your complaint and endeavor to respond to you as soon as possible. If you are unhappy with our response to your complaint, you have the right to make a complaint to the OAIC. Details of how to contact the OAIC are provided on its website at www.oaic.gov.au.
Enhanced Viewing Service Privacy Notice
(Effective Date: July 29, 2025)
This Enhanced Viewing Service Privacy Notice (“Privacy Notice”) applies to the information Hisense International Co., Ltd., (“we”, “us” or “our”) collects through the Enhanced Viewing Service (the “EV Service”) that may be available as an optional service within devices through which this Privacy Notice is made available.
In this Privacy Notice, we describe the types of information used to provide the EV Service, how we use the information, with whom we share the information, and the choices available to you regarding your use of the information. We also describe the measures we take to safeguard your personal information and tell you how to contact us about our data protection practices.
1. What is EV Service?
The EV Service is an optional service designed to provide you with useful, interactive features and interest-based advertisements offered by us and third parties across various devices connected to the same IP Address as your smart TV. When it is operating, the EV Service also adjusts your sound and video quality based on what you are watching in real time. Where the EV Service is available, the service can be activated during the initial setup of your smart TV or any time after within the smart TV’s settings.
Please note that EV Service is not available in all locations worldwide nor in all makes and models of the Devices. It may not currently be available on your Device, even if you opt-in to the EV Service. If EV Service is not currently available in your location, then the EV service features noted immediately above will not be delivered to your Device. If you do opt-in, and your Device supports, EV Service will be activated automatically once EV Service is available in your location.
If you have opted-in to enabling the EV Service on your smart TV, the EV Service will continuously analyze audio from any onscreen content accessed or displayed on your smart TV at that moment, including content from any set-top-boxes, media players, gaming consoles, over the air broadcast, or other audiovisual sources playing through your smart TV.
Subject to your opt-in to enabling the EV Service, the automatic content recognition (“ACR”) service included in this device will irreversibly encode the analyzed audio signals, and may also irreversibly encode video signals, from onscreen Content into hashed digital signatures (“Digital-print”), which are transferred from this device to the ACR service for further processing, such as to identify a match in a database of known hashed commercial programming signatures. This ACR process will associate the data with the public (WAN) IP Address used by this device, which identifies the general location where this device is connected to the Internet, but otherwise does not collect, store, or transfer any directly identifiable personal information, audio, or video from this device. The ACR service also generates a random number to associate with this device, called a “SmartTV Identifier”. The Digital-print, your IP Address, and SmartTV Identifier are referred to collectively as “SmartTV Viewing Data”.
The ACR service analyzes SmartTV Viewing Data in combination with other data or information from the ACR service, or third-party services, and produces aggregate, de-identified analytics (including user profiles, statistics, metrics, abstractions, and other analyses) that the ACR service uses to deliver more relevant advertising on other devices that share the IP address of this device, and to automatically adjust the picture mode and sound mode so as to match with the then-current content displayed on this device. The SmartTV Viewing Data may also be used to create aggregate and anonymized reports used to help third parties understand general TV viewing trends. Any data or information exchanged between this device and the ACR service provider(s) in this process is governed by this Privacy Notice, and our current ACR service provider, Nexxen privacy policy that is available at https://nexxen.com/services-privacy-policy.
2. Information We Obtain
Through the EV Service and ACR, we may obtain information about your smart TV, including:
· Device information, such as your device model, operating system version, IP address, SmartTV Identifier, device configurations, and settings and other device identifiers;
· Device usage and log information about how, when, and for how long you use your devices, including your interactions with the EV Service and our and third-party apps and services on the devices;
· Your smart TV viewing history, including information about the networks, channels, and programs viewed on your smart TV and the amount of time spent viewing them, to produce aggregate, de-identified analytics (user profiles, statistics, metrics, abstractions, and other analyses) that cannot be used to identify you (“Analytics”). The Analytics will be used by us and our authorized ACR service provider(s) and select third-party content providers to automatically adjust, where available, the picture mode and sound mode to match with the then-current content displayed on this device and deliver more relevant advertising on other devices that share the IP Address of this device. We obtain this information only if you have opted-in to enable EV Service on your smart TV;
· Behavioral and demographic information about you or your devices, such as your generalized location.
We also may collect other information about you, your devices, and apps in ways that we describe to you at the time of collection or otherwise with your consent.
3. How We Use the Information We Obtain
We, and our authorized ACR partner, Nexxen Inc., may use the information we obtain through the EV Service to:
· provide you with Device-specific viewing recommendations.
· provide you with relevant advertising on other devices that share the IP address of you smart TV that is personalized based on your viewing history.
· provide you with the EV Service on your smart TV and across your devices;
· optimize sound and video quality based on the content you are currently watching on your smart TV;
· improve and customize your experience with the EV Service;
· respond to your requests and inquiries;
· operate, evaluate and improve our business (including developing new products, enhancing, and improving our products and services; managing our communications; analyzing our products, customer base, and services; conducting market research; performing data analytics and performing accounting, auditing, and other internal functions);
· protect against identity theft, and prevent fraud and other criminal activity, claims, and other liabilities; and
· comply with and enforce applicable legal requirements, relevant industry standards, and our policies, including this Privacy Notice and our Data Protection Policy.
We may combine information about your online activities over time and across other of our and third-party devices, apps, websites, and online services. We also may use the information we obtain in other ways for which we provide specific notice at the time of collection or otherwise with your consent.
4. Information Sharing.
We do not share personal information collected about you through the EV Service except as described in this Privacy Notice and our Data Protection Policy. We may share your personal information with our subsidiaries, affiliates, service providers, contractors, agents, advisors, and business partners for the purpose of providing the EV Service. We do not authorize our service providers to use or disclose the information except as necessary to perform services on our behalf and to comply with legal requirements. We may disclose personal information and geographic information as described above with third-party advertising partners, who may provide you with relevant advertising.
We and our third-party service providers may also disclose information about you (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response or requests by government agencies, such as law enforcement authorities; (3) to establish, exercise, or defend our legal rights; (4) when we believe disclosure is necessary to appropriate to prevent physical or other harm; (5) in connection with an investigation of suspected or actual illegal activity; (6) in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, reorganization, dissolution, or liquidation); or (7) otherwise with your consent.
5. Right to Opt-out of Sale or Sharing of Personal Information with Third Parties or Targeted Advertising for Residents of Certain U.S States.
As described in more detail in our Data Protection Policy, depending on your U.S. state of residence, you may have a right to direct us not to sell or share your Personal Information with third parties. In the preceding twelve months we have not sold your personal information, as that term is generally understood, but we recognize that California law defines “personal information” in such a way that making available identifiers linked to you for a benefit, or doing so with respect to viewing/browsing history, may be considered a “sale”. If you are a California resident, or a resident of another state whose consumer privacy laws apply and are currently in effect, and you would like to exercise that right, please select the “Do Not Sell or Share My Personal Information” link within the “Settings” menu of your smart TV as in Settings->System->Advanced System. Alternatively, you may direct us to not to sell or share your Personal Information by contacting us as provided in the Contact Us section below.
6. Your Choices.
We offer you certain choices in connection with the personal information we obtain about you through the EV Service. You can revoke your consent for processing EV Service by turning off this feature anytime through your smart TV “Settings”. If you reset the SmartTV Identifier on your smart TV, any data collected and associated with your previous SmartTV Identifier will no longer be used to deliver more relevant advertising. Please note that if you reset your SmartTV Identifier, it may take some time for our systems to update your information due to technical reasons. Please also note that resetting your SmartTV Identifier will not stop relevant advertising to you, and will continue to automatically adjust the picture mode and sound mode so as to match with the then-current content displayed on this device. To opt out of receiving Device-specific viewing recommendations or more relevant advertising and disable automatically adjusting the picture mode and sound mode, please adjust the setting on your Device as described above.
7. How We Protect Personal Information.
We maintain physical, administrative, technical, and organizational safeguards designed to maintain the confidentiality and security of the personal information we obtain through the EV Service against accidental, unlawful, or unauthorized destruction, interference, loss, alteration, access, disclosure, or use. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through use of the smart TV or our operating system.
8. Updates to Our Privacy Notice.
This Privacy Notice may be updated periodically to reflect changes in our personal information practices with respect to the EV Service, or changes in applicable law. We will indicate at the top of this Privacy Notice when it was most recently updated.
9. How to Contact Us.
To ask us questions about this Privacy Notice, please contact us by sending an email to product.tv.info@gmail.com or by mailing us at:
Hisense International Co., Ltd.
No. 218, Qianwangang Road, Economic and Technique Development Zone, Qingdao, China.
If you are based in EEA or EEA residents, please contact us by sending an email to product.tv.info@gmail.com, or you may also contact our EU representative:
VERDATA Datenschutz GmbH & Co. KG
Roemerstr. 12
D – 40476 Duesseldorf
Email: hisense.representative@verdata.eu