Eccotemp Smart Privacy Policy
The latest version: December 14, 2023
Eccotemp Systems, LLC, and its Affiliates (as hereinafter defined) ("we," "us," "our," or "Eccotemp") are committed to protecting your privacy. The Eccotemp Smart Privacy Policy (this "Policy") describes our practices in connection with information privacy on Personal Data (as hereinafter defined) we process through your use of our services, products, and the Eccotemp Smart Mobile Application (the "App") and related mobile applications (collectively, the "Services").
Before you use the Services, please carefully read this Policy, and understand our purposes and practices of the collection and processing of your Personal Data, including how we use, store, share, and transfer Personal Data. In this Policy, you will also find ways to execute your rights of access, update, delete, or protect your Personal Data.
When you accept this Policy during your registration with your Personal Data, or if you start to use the Services and do not expressly object to the contents of this Policy, we will consider that you fully understand and agree with this Policy. If you have any questions regarding this Policy, please do not hesitate to contact us via:
Eccotemp Customer Service Department: 866-356-1992
DEFINITIONS
In this Policy:
Affiliate - Refers to any company, firm, or legal entity that: (1) isdirectly or indirectly controlled by Eccotemp; or (2) directly or indirectlycontrols Eccotemp; or (3) jointly with Eccotemp, controls the same company; or(4) is, directly or indirectly, under the common control of the same companywith Eccotemp. Affiliates shall include, without limitation, Eccotemp's parentcompanies, subsidiaries, or such subsidiaries under the common control of thesame parent company as Eccotemp.
Personal Data - Encompasses information generated, collected, recorded, and/or stored, electronically or otherwise, that can be used to identify an individual or reflect the activity of an individual, either from that information alone or from that information and other information we have access to about that individual.
Personal Sensitive Data - Encompasses personal biometric information, communication records and contents, health information, transaction information, and precise location information. When we collect Personal Sensitive Data from you, we will generate an explicit notification for your consent before collecting personalsensitive data about you.
Smart Devices - Refers to those computing devices produced or manufacturedby hardware manufacturers, with human-machine interface and the ability totransmit data that connect wirelessly to a network, including: smart homeappliances, smart wearable devices, smart air cleaning devices, etc.
WHAT PERSONAL DATA DO WE COLLECT?
In order to provide the Services to you, we will ask you to provide necessary Personal Data required for those Services. Failure to provide your Personal Data mayresult in our inability to offer you the Services.
If you choose not to provide profile data during the initial use of any of theServices, you can use the App without logging in or creating an account. Youmay still access certain Eccotemp services, such as searching and browsingfeatures on the Services. At this point, we will not collect Personal Datarelated to your account or profile. The collected data will be limited to whatyou have authorized for the purpose of using additional functions of the Appand/or the Smart Devices, along with corresponding usage information. However,if the Services you request or purchase are based on your account, please referto the registration/login page for guidance.
1. INFORMATION YOU VOLUNTARILY PROVIDE TO US
Account or Profile Data: When you register an account with us, we may collect your account name and contact details, such as your email address, phone number,user name, and login credentials. During your interaction with the Services, wemay further collect your nickname, profile picture, country code, languagepreference, or time zone information into your account.
If you authorize login to the Services with a third-party account, we will obtain your account information (such as portrait, nickname, region, gender, etc.) fromsuch third party, which may be linked with your Eccotemp account for quicklogin. We ensure compliance with applicable data protection laws and regulations, as well as agreements, policies, or documentation agreed with such third-party regarding sharing personal information, in processing your Personal Data.
Feedback: When using feedback and suggestion features in the Services, we will collect your email address, mobile phone number, and your feedback content to address your problems and solve device failures on a timely basis.
Information based on additional functions: To offer you moreconvenient and higher-quality Services with optimized user experiences, we maycollect and use certain information if you consent to using additionalfunctions in the App. Please note that if you do not provide such information,you may continue to use basic Services of the App and connected Smart Devices,but certain features based on these additional functions may not be available.
1) Additional functions based on location information: When you enablelocation-based functions through permission settings on your mobile device, we will collect and process your location information to enable these functions,such as pairing with your Smart Devices. Additionally, we may collect information about your real-time precise or non-precise geo-location when you use certain Smart Devices or the Services, such as a robot cleaner and weather service.
Based on your consent, when you enable the geo-fence feature, your location information will be generated and shared with Google Maps services. Please note that Google has corresponding data protection measures, which you may refer to Google Data Protection Terms for more details: https://privacy.google.com/businesses/gdprservices/. You may reject such use of your location information by managing the permission settings in the Services, upon which we will cease to collect and use your location information.
2) Additional services based on camera: You may use the camera to scan the code by turning on the camera permission to pair with a Smart Device, take video, etc. Please be aware that even if you have agreed to enable the camera permission, we will only obtain information when you actively use the camera for scanning codes, video recording, etc.
3) Additional services for accessing and uploading pictures/videos based on photo albums (picture library/video library): You can use this function to upload your photos/pictures/videos after turning on the photo album permission, to realize functions such as changing the avatar, reporting device usage problems by providing photo proofs, etc. When you use the photos and other functions, we will not recognize this information; but when you report a device usage problem, we may use the photos/pictures you upload to locate your problem.
4) Additional services related to microphone-based service: You can use the microphone to send voice information after turning on the microphone permission, such as shooting videos, waking up the voice assistant, etc. For these functions, we will collect your voice information to recognize your command. Please be awarethat even if you have agreed to enable the microphone permission, we will onlyobtain voice information through the microphone when you voluntarily activatethe microphone in the App.
5) Additional services based on storage permissions: The purpose is to ensurethe stable operation of the App by utilizing the storage permission. After you give or indicate the permission to read/write your mobile device’s storage, we will access pictures, files, crash log information, and other necessary information from your mobile device’s storage to provide you with functions, such as information publications, or record the crash log information locally.
Please note that if you turn on any permission, you authorize us to collect and use relevant personal information to provide you with corresponding Services. Onceyou turn off any permission, we will take it as canceling the authorization, and we will no longer continue to collect Personal Data based on the corresponding permissions, and the related functions may be terminated. However, your decision to turn off the permission will not affect the previous collection and use of information based on your authorization.
2. INFORMATION WE COLLECT AUTOMATICALLY
Mobile Device Information: When you interact with our Services, we automatically collect device information, such as mobile device model number, IP address, wireless connection information, operating system type and version, mobile hardware serial number (a unique mobile identifier, which is a string representing the device manufacturer coded in the mobile device), Android ID, application version number, push notification identifier, log files, and mobile network information. This is done to provide and maintain the common operation of our services, improve and optimize our service, and protect your account security.
Usage Data: During your interaction with our websites and Services, we automatically collect usage data relating to visits, clicks, downloads, messages sent/received, and other usage of our websites and Services.
Log Information: When you use the App, the system and exception log may beuploaded.
Please note that one cannot identify a specific individual using device information or log information alone. However, if these types of non-personal information,combined with other information, may be used to identify a specific individual,such non-personal information will be treated as Personal Data. Unless we haveobtained your consent or unless otherwise provided by data protection laws andregulations, we will anonymize and desensitize such non-personal information.
3. SMART DEVICES RELATED INFORMATION:
Basic Information of Smart Devices: When you connect your Smart Devices with the Services, we may collect basic information about your Smart Devices, such as device name, device ID, online status, activation time, firmware version, and upgrade information.
Information Reported by Smart Devices: Depending on the different SmartDevices you elect to connect with the Services, we may collect differentinformation reported by your Smart Devices. For example, smart weights orfitness trackers may report your height, weight, body fat mass (BFM), BMI, andskeletal muscle mass (SMM); smart cameras may report images or videos capturedby it.
Particularly, when you proactively consent to the Services connecting withthird-party Health platform to enable the fundamental feature for you (such asApple Health, Google Fit, Fitbit, etc), we will share your health data(exclusively to your BMI, height, weight, and body fat%) with them for the solepurpose of measuring and analyzing health-related indicators about you. We willnot disclose such health data to any other third party. You may disconnect theServices with the third-party Health platform at any time by managing yourhealth settings on your mobile device.
PURPOSES AND LEGAL BASIS FOR PROCESSING PERSONAL DATA
The reasons for which we may process information about you are outlined below:
Provide You Services: We process your account and profile data, deviceinformation, usage data, location information, and Smart Device-relatedinformation to deliver the Services and fulfill your requests. The legal basisfor this processing is to perform our contract with you according to our Termsof Use.
Improve Our Services: We process your device information, usage data, locationinformation, and Smart Device-related information to ensure the functionalityand safety of the Services. This includes the development and enhancement ofthe Services, analysis of operational efficiency, and prevention and trackingof fraudulent or inappropriate usage. The legal basis for this processing is toperform our contract with you according to our Terms of Use.
Non-marketing Communication: We process your Personal Data to send you essential information about the Services, updates to our terms, conditions, and policies, and/or other administrative information. Simultaneously, we will send you notifications related to the services you have purchased, such as alert services. You can manage these communications in the "App Notification" section within the App ("Me &rt; Settings on the upper right corner &rt; App Notification &rt; Notification Setting"). When you choose not to enable the Notifications function, we will cease processing your information for such purposes. The legal basis for this processing is to perform our contract with you according to our Terms of Use.
Data Analysis: To analyze the usage of the products we provide and enhance your user experience, we analyze the data you voluntarily provide and report to us. This includes troubleshooting when malfunctions occur during product usage and analyzing data on how you interact with the product under specific scenarios. If you do not agree to the data analysis of your data, you can opt-out through the privacy settings of the Eccotemp App ("My &rt; Settings at the upper right corner &rt; Privacy Settings &rt; Data Analysis"). The legal basis for this processing is based on your consent.
Personalization: We mayprocess your account and profile data, usage data, and device information topersonalize product design and provide you with services tailored to you. Thisincludes recommending and displaying information and advertisements regardingproducts suited to you and inviting you to participate in surveys related toyour use of the Services. If you do not allow us to process your Personal Datafor personalization, you may opt out when you enter the App or by changing yourpreferences in "Privacy Settings" ("Me &rt; Settings at theupper right corner &rt; Privacy Settings &rt; Personalization" in theApp). The legal basis for this processing is your consent.
Legal Compliance: We may process your Personal Data as we deem necessary orappropriate:
a) to comply with applicable laws and regulations;
b) to comply with legal processes;
c) to respond to requests from public and government authorities;
d) to enforce our terms and conditions;
e) to protect our operations, business, and systems;
f) to protect our rights, privacy, safety, or property, and/or that of other users,including you; and
g) to allow us to pursue available remedies or limit the damages that we may sustain.
If there is any change in the purposes for processing your Personal Data, we will inform you of such changes via email and/or a prominent notice on our website, providing choices you may have regarding your Personal Data.
WHO DO WE SHARE PERSONAL DATA WITH?
At Eccotemp, we adhere to transparent practices when sharing Personal Data. We may share your Personal Data with the following entities:
Third-Party Service Providers: We may share Personal Data with third-party service providers who carry out specific business-related functions for us. Thesefunctions include website hosting, data analysis, payment and credit cardprocessing, infrastructure provision, IT services, customer support service,and e-mail delivery services, among others. This sharing enables them toprovide services to us seamlessly.
Customers and Business Partners: Your Personal Data may be shared withour customers and other business partners who directly or indirectly provideyou with Smart Devices, networks, and systems through which you access and useour websites and Services.
Affiliates or Third Parties in Business Transactions: In the event ofreorganization, merger, sale, joint venture, assignment, transfer, or any otherdisposition of all or part of our business, assets, or stock (including inconnection with bankruptcy or similar proceedings), your Personal Data may beshared with an Affiliate or other third party. You will be notified via emailand/or a prominent notice on our website of any change in ownership,incompatible new uses of your Personal Data, and the choices you may haveregarding your Personal Data.
Necessary Legal and Regulatory Compliance: We may share Personal Data as deemed necessary or appropriate:
a) to comply with applicable laws and regulations;
b) to comply with legal processes;
c) to respond to requests from public and government authorities, including those outside your country of residence;
d) to enforce our terms and conditions;
e) to protect our operations, business, and systems;
f) to protect our rights, privacy, safety, or property, and/or that of other users, including you; and
g) to allow us to pursue available remedies or limit the damages that we may sustain.
Affiliates for Regular Business Activities: Sharing with Affiliates for routine business activities.
With Your Consent: Except for the third parties described above, we sharewith third parties only with your explicit consent.
INTERNATIONAL TRANSFER OF DATA COLLECTED
At Eccotemp, we uphold compliance with applicable data localization requirements in various jurisdictions regarding data storage. To support our operations, wemay transfer, store, and process your Personal Data in jurisdictions other thanyour country of residence. The laws in these countries may vary from thoseapplicable in your home country. When conducting such transfers, we ensure anadequate level of protection for the information using one or more of thefollowing approaches:
If you wish to learn more about the storage location of your Personal Data, kindlyvisit https://www.eccotemp.com/cookie-statement/ . For further details on the safeguards implemented, please contact us directly as outlined in this Policy.
YOUR RIGHTS CONCERNING YOUR PERSONAL DATA
We acknowledge and respect your rights and control over your Personal Data. Youcan exercise any of the following rights:
Via the Services: Utilize the “Me &rt; Settings &rt; Account and Security” or “Me &rt; FAQ&Feedback” within the Services (for Product version 3.2 and later).
By Email: Reach out to us at support@eccotemp.com (for Product versions before 3.2).
There is no fee associated with executing your personal rights. Depending on applicable data protection laws in relevant jurisdictions, your request for personal rights will be fulfilled within 15 business days or within 30 calendar days due to different response requirements.
If you choose to email us, clearly state the information you want changed, whether you want your Personal Data deleted from our database or specify any limitations you want on our use of your Personal Data. Please note that we may request identity verification before proceeding with your request for security purposes.
You have the right to:
a)Request access to the Personal Data we process about you.
b)Request correction of inaccurate or incomplete PersonalData about you.
c)Request deletion of Personal Data about you.
d)Request restrictions, temporarily or permanently, on ourprocessing of some or all Personal Data about you.
e)Request the transfer of Personal Data to you or a thirdparty where our processing is based on your consent or a contract with you, andwhere our processing is automated.
f)Opt-out or object to our use of Personal Data about youwhere our use is based on your consent or our legitimate interests.
Withdrawal of Consent: Exercise your privacy right to withdraw consent through the following methods:
1)For privacy permissions obtained through device system settings, change device permissions, including location, camera, photo album (picture library/video library), microphone, Bluetooth settings, notification settings, and other related functions.
2)Opt-out of non-marketing communication through “Me &rt; Settings at the upper right corner &rt; Notification Settings” to manage your selection.
3)Opt-out of data analysis features through “Me &rt; Settings at the upper right corner &rt; Privacy Settings”.
4)Opt-out of the Personalization feature through “Me &rt; Settings at the upper right corner &rt; Privacy Settings &rt; Personalization”.
5)Unbind the Smart Device through the App, and information related to the Smart Device will not be collected.
6)By using the product in visitor mode, we will not collect any profile data about you.
Withdrawal of consent or authorization may impact our ability to provide corresponding products or services. However, withdrawal does not affect the processing of personal information based on your consent before withdrawal.
Account Deletion: Access the Delete function through “Me &rt; Settings atthe upper right corner &rt; Account and Security &rt; Delete Account”(“Deactivate Account” for App versions under 3.16.5).
SECURITY MEASURES
At Eccotemp, we employ commercially reasonable physical, administrative, and technical safeguards to uphold the integrity and security of your Personal Data. Eccotemp implements various security strategies to effectively ensure the data security of users and devices. For device access, proprietary algorithms are utilized to guarantee data isolation, implement access authentication, and request authorization. Regarding data communication, we support secure communication using encryption protocols and transmission encryption, employing commercial-level information encryption transmission based on dynamic keys. In terms of data processing, rigorous data filtering, validation, and comprehensive data audits are applied. For data storage, all confidential user information undergoes secure encryption before storage. If you suspect that your interaction with us is no longer secure (for instance, if you believe the security of any account with us has been compromised), kindly notify us promptly by emailing support@eccotemp.com.
DATA RETENTION
We process your Personal Data for the minimum period necessary for the purposes outlined in this Policy, unless there is a specific legal requirement mandating a longer retention period. The determination of the appropriate retention period is based on the quantity, nature, and sensitivity of your Personal Data. After the retention period concludes, we will securely destroy your Personal Data. In instances where technical limitations prevent immediate deletion, we will implement measures to prevent any further use of your Personal Data.
DISPUTE RESOLUTION
CHILDREN’S PRIVACY
Safeguarding the privacy of young children holds particular significance for us. The Services are not aimed at individuals under the age of thirteen (13) (or any other age as specified by applicable law in your country/region of residence), and we request that individuals of this age group refrain from providing any Personal Data to us. We do not knowingly collect Personal Data from any child unless we first obtain permission from that child’s parent or legal guardian. If we become aware of collecting Personal Data from any child without proper permission, we will take steps to promptly remove that information.
CHANGES TO THIS POLICY
We may periodically update this Policy to reflect alterations in our information practices, at a minimum on an annual basis. In the event of any material changes, we will notify you via email (sent to the email address specified in your account) or through a notice in the mobile applications before the change takes effect. We encourage you to review this page regularly for the latest information on our privacy practices.
CONTACT US
If you have any questions about our practices or this Policy, please contact us as follows:
Eccotemp Systems, LLC
Postal Mailing Address: 315A Industrial Rd, Summerville, SC 29486, USA
Email: support@eccotemp.com
For European Union or United Kingdom data subjects, you have the right to lodge a complaint with a supervisory authority concerning Tuya’s data processing activities. For questions, or to exercise your rights as an EU or UK data subject, please contact our EU/UK Representative here:
Name: Rickert Rechtsanwaltsgesellschaft mbH
Emailing Address: Colmantstraße 15, 53225 Bonn, Germany