California Privacy Rights

Last Updated on: February 28, 2023

This California Privacy Rights supplements the information contained in Vesync's (Vesync, as used herein refers to L&H Y Trading, Inc. and its subsidiaries and affiliates, including Vesync Corporation, Arovast Corporation, and Etekcity Corporation collectively, “Vesync” or “We”) Website Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and the California Privacy Rights Act of 2020 (CPRA).

Information We Collect

Our Websites, which includes Vesync.com, Levoit.com, Cosori.com, and Etekcity.com, (collectively as “Websites,” each a “Website”) collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:

  1. Publicly available information from government records.
  2. Deidentified or aggregated consumer information.

In particular, our Websites has collected the following categories of personal information from consumers within the last twelve (12) months:

Category

Examples

Collected

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

YES

Social Security number, driver's license number, passport number, or other similar identifiers.

NO

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, digital signature, address, telephone number, credit card number, debit card number, or any other financial information.

YES

Social Security number, physical characteristics or description, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

NO

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

 

NO

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

YES

G. Geolocation data.

Physical location or movements.

YES

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

I. Professional or employment-related information.

Current or past job history or performance evaluations.

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

NO

K. Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, predispositions, behavior.

YES

Our Websites obtain the categories of personal information listed above from the following categories of sources:

a. Directly from you. For example, from forms you complete or products and services you purchase.

b. Indirectly from you. For example, from observing your actions on our Websites. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

a. To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.

b. To provide, support, personalize, and develop our Websites, products, and services.

c. To create, maintain, customize, and secure your account with us.

d. To process your requests, purchases, transactions, and payments and prevent transactional fraud.

e. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

f. To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website and via email or text message (with your consent, where required by law).

g. To help maintain the safety, security, and integrity of our Websites, products and services, databases and other technology assets, and business.

h. For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.

i. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

j. As described to you when collecting your personal information or as otherwise set forth in the CCPA and CPRA.

k. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other 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 information held by us about our Website users/consumers is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Company has disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.

In the preceding twelve (12) months, Company has not sold personal information to the categories of third parties indicated in the chart below.

Personal Information Category

Category of Third-Party Recipients

Business Purpose Disclosures

Sales

A: Identifiers.

Affiliates, Parent or subsidiary organizations.

Internet cookie data recipients, like Google Analytics, Service Providers. See Use of Personal Information above.

None

B: California Customer Records personal information categories.

Affiliates, Parent or subsidiary organizations

Internet cookie data recipients, like Google Analytics, Service Providers.  See Use of Personal Information above.

None. Our Websites collect payment card or banking information to complete product purchases, but we do not store such information. All payments are processed by our payment service providers, PayPal and Stripe.

C: Protected classification characteristics under California or federal law.

None

None

D: Commercial information.

Affiliates, Parent or subsidiary organizations.

Internet cookie data recipients, like Google Analytics, Service Providers.  See Use of Personal Information above.

None  See Use of Personal Information above.

E: Biometric information.

None

None

F: Internet or other similar network activity.

Affiliates, Parent or subsidiary organizations.

Internet cookie data recipients, like Google Analytics, Service Providers.  See Use of Personal Information above.

None  See Use of Personal Information above.

G: Geolocation data.

Affiliates, Parent or subsidiary organizations.

Internet cookie data recipients, like Google Analytics, Service Providers.  See Use of Personal Information above.

None  See Use of Personal Information above.

H: Sensory data.

None

None

I: Professional or employment-related information.

None

None

J: Non-public education information.

None

None

K: Inferences drawn from other personal information.

Affiliates, Parent or subsidiary organizations.

Internet cookie data recipients, like Google Analytics, Service Providers.  See Use of Personal Information above.

None. Our sales and marketing team may collect notes about user preferences based on purchasing and download history and website usage data to assist in understanding our users’ needs and wishes in connection with marketing and selling our and our product partners’ products and services.

 

Your Rights and Choices

The CCPA and CPRA provides California residents with specific rights regarding their personal information. This section describes your CCPA and CPRA rights and explains how to exercise those rights.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). Once we receive your request and confirm your identity (see Exercising Your Rights), we will disclose to you:

a. The categories of personal information we collected about you.

b. The categories of sources for the personal information we collected about you.

c. Our business or commercial purpose for collecting or selling that personal information.

d. The categories of third parties with whom we share that personal information.

e. If we disclosed your personal information for a business purpose:

  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
f. The specific pieces of personal information we collected about you (also called a data portability request).

 

Right to Delete

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete"). Once we receive your request and confirm your identity (see Exercising Your Rights), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1.     Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  2.     Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3.     Debug products to identify and repair errors that impair existing intended functionality.
  4.     Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5.     Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  6.     Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
  7.     Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8.     Comply with a legal obligation.
  9.     Use the personal information internally, in a lawful manner that is compatible with the context in which you provided it.

We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action.

Right to Correct

You have the right to request the correction of any personal information we maintain about you.

Exercising Your Rights

To exercise your rights described above, please submit a request by either:

  1. Emailing us at privacy@vesync.com
  2. Mailing us at 1202 North Miller Street, Suite A, Anaheim, CA 92806 US

Only you, or someone legally authorized to act on your behalf, may make a request to know, delete, or correct related to your personal information.

You may also make a request to know, delete, or correct on behalf of your child by following the instructions above.

You may only submit a request to know twice within a 12-month period. Your request to know, delete, or correct must:

a. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include:

  • Items of contact information, or
  • Content of communications you sent to us.
  • In addition, in the case of a request for specific pieces of personal information, we will ask for an additional piece of information that we may have in addition to the two pieces requested above, together with a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of the request or an authorized agent acting on behalf of that consumer.
b. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

An authorized agent, parent, or guardian seeking to exercise rights on behalf of an individual California resident or their child must prove their authority either by providing a power of attorney pursuant to Probate Code sections 4121 to 4130 or by:

  • Providing a copy of a writing signed by the resident giving the agent permission to act on the resident’s behalf;
  • Verification of the authorized agent’s own identity under the procedures in this section; and/or
  • Communicating with the California resident directly to confirm the status of the agent as being authorized to act on behalf of the resident.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We may ask for additional verification if we suspect fraud. We will use any such additional information strictly for identity verification purposes, and it will be deleted following the completion of the verification process. We may, however, retain any information needed to comply with the CCPA, CPRA or other applicable law.

You do not need to create an account with us to submit a request to know, delete, or correct. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account. For California residents with a password-protected account with Vesync accessible via our Websites or our mobile application, we can verify your identity by having you access your account and complete a form to submit a request for your rights or confirm that you made a request.

We will only use personal information provided in the request to verify the requestor's identity or authority to make it.

For instructions on exercising your sale opt-out or opt-in rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact us. See Contact Information below.

We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

However, if you wish to opt out of or stop receiving any marketing communications from us, please contact us at one of the mechanisms listed in Contact Information below. Any email communications from us contain instructions on opting out of further email communications. Nonetheless, even if you opt out of marketing communications, we will still contact you regarding support, administration, and security of our services and products. You can always choose not to provide information, though not providing such information may mean that you may be unable to make a purchase or to take advantage of certain features of our services.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA or CPRA rights. Unless permitted by the CCPA or CPRA, we will not:

a. Deny you goods or services.

b. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

c. Provide you a different level or quality of goods or services.

d. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. 

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Websites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please see Contact Information below.

Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated notice on the Website and update the notice's effective date. Your continued use of this of our Websites following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which Vesync collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Email: Privacy@vesync.com

Postal Address: 1202 North Miller Street, Suite A, Anaheim, CA 92806 US

Attn: Privacy Team

If you need to access this Policy in an alternative format due to having a disability, please contact Privacy@vesync.com.

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