Privacy Policy for EU Users

Last updated:  November 18, 2022 

This Privacy Policy for websites describes information L&H Y Trading, Inc. and its subsidiaries and affiliates, including Vesync Corporation, Arovast Corporation, and Etekcity Corporation (collectively, “Vesync” or “We”) , with its headquarter located at 1202 North Miller Street, Suite A, Anaheim, CA 92806, United States of America, collect, use, share, and store, including personal data(i.e., information that personally identifies you, such as your name, email address or billing information, or other data that can be reasonably used to infer this information).

Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information on how Vesync collects and processes your personal data through your use of this website (including any data you may provide through this website when you sign up to our newsletter, purchase a product or service, take part in a competition, etc.).

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller

Vesync is made up of different legal entities. This privacy policy is issued on behalf of the Vesync. We will let you know which entity will be the controller for your data when you purchase a product or service with us.  Vesync is the controller and responsible for this website. Where applicable, the designated representative for Vesync entities established in the EU is Etekcity GmbH, located in Vossbarg 1, 25524 Itzehoe, Germany.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact us in the following ways:

Contact details:

Legal Department

Address: Vossbarg 1, 25524 Itzehoe, Germany

Email address: privacy@Vesync.com

You have the right to make a complaint at any time to relevant supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the authority so please contact us in the first instance.

This policy applies to data we collect:

• On our websites, including Vesync.com, Levoit.com, Cosori.com, and Etekcity.com (our "Websites" each a “Website”).
• In email, text, and other electronic messages between you and our Websites or our Customer Support team.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
• When you create an account on this Website or any of our Websites.
• When you subscribe to our newsletters, promotions or other marketing initiatives.
• When you purchase our products directly from our Vesync web store(s).

It does not apply to data collected by:

• Vesync, Levoit, Cosori, and Etekcity smart products, Vesync mobile applications and services;
• The US offline or through any other means, including on any other website operated by any third party; or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or on our Websites.

Please Note, third parties may have their own privacy policies, which we encourage you to read before providing data on or through them.

We also provide additional details about how we collect and use data in connection with Vesync, Levoit, Cosori, and Etekcity smart products and services in our privacy policy for those smart Products and Services, which can be found in the Vesync Mobile Application. For our Vesync Mobile App privacy policy, please see the following link [LINK ].

 

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

Our Privacy Policy does not apply to products and services offered by third parties. Our products and services may include third-party products, services, and links to third-party websites. When you use such products or services, they may collect your data. For this reason, we strongly suggest that you read the third party’s Privacy Policy, just as you have taken the time to read ours. We are not responsible for, and cannot control, how third parties use personal data which they collect from you. Our Privacy Policy does not apply to other sites linked from our services.

The data we collect about you

Personal data, or personal data, means any data about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• Profile Data includes email address, username or similar identifier, interests, preferences, feedback, and survey responses..
• Contact Data includes name, and email address, telephone number, postal address and any other identifier by which you may be contacted online or offline..
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
• Usage Data includes data about how you use our website, products and services, such as session data and history of operation, page response times, errors, length of visits to certain pages, page interaction data, history of logging in, your schedule settings, input records, search queries and methods used to browse away from the page..
• Consumer Behavioral Data includes motivation for purchase, your preferences in receiving marketing from us and our third parties, your responses to surveys that we might ask you to complete for research purposes, other purchasing behavior and preferences.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties andyour communication preferences, records and copies of your correspondence (including email addresses and phone numbers).

We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, data about your health, and genetic and biometric data). Nor do we collect any data about criminal convictions and offences.

We do not provide services for purchase by children. If you are under 18, you may use Vesync’s services only with the involvement of a parent or guardian. We do not knowingly collect personal data from children under the age of 13 without the consent of the child's parent or guardian. Should a parent or guardian have reasons to believe that a minor has provided Vesync with personal data without their prior consent, please contact us to ensure that the personal data is removed and the minor unsubscribes from any of the applicable services.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

How is your personal data collected?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity Data, and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
• apply for our products or services;
• create an account on our website;
• subscribe to our service or publications;
• request marketing to be sent to you;
• enter a competition, promotion or survey; or
• give us feedback or contact us.
• Automated technologies or interactions. As you interact with our website, we will automatically collect Technical Data, Consumer Behavioral Data and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy [LINK] for further details.
• Third parties or publicly available sources. We will receive personal data about you from various third parties.

How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further data about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

• Where we need to comply with a legal obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you for our services including to verify identity, assist with user-identification, and to determine appropriate services	Profile Data	Necessary for our legitimate interests (to develop our products/services and grow our business)
To manage our relationship with you which will include: (a) Sending important notices to you, such as communications about changes to our terms, conditions, and policies (b) Asking you to leave a review or take a survey	Profile Data Consumer Behavioral Data Contact Data Marketing and Communications Data	(a) Performance of a contract with you (b) Necessary to comply with a legal obligation (c)Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey	Profile Data Consumer Behavioral Data Contact Data Usage Data Marketing and Communications Data	(a) Performance of a contract with you (b)Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data and for auditing, data analysis, loss prevention, and fraud prevention)	Profile Data Technical Data Usage Data Contact Data	(a)Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) (b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you, such as providing our latest product and service announcements, software (including mobile applications) updates, and upcoming events, and to measure or understand the effectiveness of the advertising we serve to you	Profile Data Consumer Behavioral Data Contact Data Usage Data Marketing and Communications Data Technical Data	Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences	Technical Data Usage Data Consumer Behavioral Data Marketing and Communications Data	Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you	Consumer Behavioral Data Contact Data Technical Data Usage Data Profile Data Marketing and Communications Data	Necessary for our legitimate interests (to develop our products/services and grow our business)

 

 

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested data from us or purchased goods or services from us and you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.

Cookies

Cookies are small text files that are placed on your computer by websites that you visit. Websites use cookies to help users navigate efficiently and perform certain functions.

For more data about the cookies we use, please see Cookie Policy page.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table above.

• Internal Third Parties - Your data may be shared among Vesync affiliates for the purposes described in this Privacy Policy. The term “affiliates” refers to companies related to L&H Y Trading, Inc. by common ownership or control.
• External Third Parties - In certain situations, the third party may sell items or provide services to you through our services (either alone or jointly with us). Examples include sending email, removing repetitive data from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), and providing customer service. They have access to personal data needed to perform their functions, but may not use it for other purposes. We will disclose your personal data to that third party only to the extent that it is related to such transactions or services, and in compliance with data protection laws.
• Specific third parties with your consent - Other than as set out above, you will receive notice when data about you might go to third parties, and you will have an opportunity to choose not to share the data. For example, if you want to use Amazon’s Alexa, we may notify you before sharing your data with Amazon.
• Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

International transfers

1. We share your personal data within the Vesync Group. Where personal data originated in the EEA, this will involve transferring your data outside the European Economic Area (EEA).
2. Many of our external third parties are based outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer personal data to countries outside of the European Economic Area, we will ensure that the data is transferred in accordance with this Privacy Policy and as permitted by the applicable laws on data protection.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring appropriate safeguards are implemented in the form of specific contracts approved by the European Commission.

Please contact us if you want further data on the transfer of personal data out of the EEA.

Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this data indefinitely without further notice to you.

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data:

• Request access to your personal data (commonly known as a "data subject access request") - This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of your personal data - This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data - This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your data unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data - where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your data which override your rights and freedoms.
• Request restriction of processing your personal data - This enables you to ask us to suspend the processing of your personal data in the following scenarios:
  • If you want us to establish the data's accuracy.
  • Where our use of the data is unlawful but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request transfer of your personal data - We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated data which you initially provided consent for us to use or where we used the data to perform a contract with you.
• Right to withdraw consent - where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific data from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further data in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.