TCL Children Privacy Protection Notice-TCL Global

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Children Privacy Protection Notice

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Last Updated Date:28/06/2022

If you are a child and live in Europe or the United Kingdom, please see our TCL Children Privacy Protection Statement for Kids in Europe and the UK.

If you are an adult, please review this privacy policy carefully, including the relevant information for parents and guardians about children who use our products and Services.

This Children Privacy Protection Notice (“Privacy Notice”) describes how TCL and/or its affiliates and subsidiaries' (collectively “TCL”, “we”, “our” or “us”) protect the Personal Information we receive and process, what types of Personal Information we collect, what we do with it, how we disclose it, and rights in relation to the processing of Personal Information in our Children Products and Service.

Certain processing activities may be subject to a separate and tailored privacy policy that will apply in addition to this Privacy Notice and which will be brought to your attention before we start to process your personal data.

WHEN DOES THIS PRIVACY POLICY APPLY?

This Privacy Notice applies to our collection and use of Personal Information when you access or use any TCL brand children’s products (including kids watch, TCL kids application and other children services provided by TCL Communication Technology Holdings Limited that may refer to this Privacy Notice (collectively “Services”) or when you access our website or contact us in any other manner. To find out more, please click on any of the sections below.

WHAT IS PERSONAL INFORMATION?
PERSONAL INFORMATION WE COLLECT
HOW WE USE PERSONAL INFORMATION
SHARING OF PERSONAL INFORMATION
RETENTION OF PERSONAL INFORMATION
INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
SECURITY OF PERSONAL INFORMATION
PUBLIC POSTING AREAS
DATA PROTECTION RIGHTS
HOW WE RESPOND TO DO NOT TRACK SIGNALS
CHANGES TO THE PRIVACY NOTICE
CONTACTING US

WHAT IS PERSONAL INFORMATION?

“Personal Information” means the information we process about you and/or your child as provided for under applicable privacy law(s).

This includes information that you provide to us directly by: (1) filling in forms; (2) enter information on our Services; (3) create a user account; or (4) communicate with us. This also includes information about you that we passively obtain and / or generate from your use of our Services, as well as information that we receive from other sources, as detailed below.

Personal Information does not include aggregate or anonymous information.

PERSONAL INFORMATION WE COLLECT

We are committed to protecting your privacy – as an adult (including parent and guardian) or child – whenever you use our Services, or otherwise interact with us. For the purposes of this Privacy Notice, we consider a “child” to be any user who is below the age of majority in his or her respective jurisdiction. Where required by applicable law, we obtain parental or guardian consent for a child to use our Children Products and Services. We do not require children to disclose more information than is reasonably necessary to use our Services.

The types of Personal Information we collect from adults and/or children differ depending on the Services they use. For more information, please click below:

 Kids Watch

We collect the following types of Personal Information from adults and/or children when they use our Kids Watch or otherwise interact with us：

Basic information and contact details, which may include name, address, email address, telephone number, month and year of birth, gender, nationality, and account name or account ID.
Profile information and identifiers, which may include username, nickname, alias, avatar, Internet Protocol (“IP”) address, online and device identifiers (including device IMEI), contact list (including Kids Watch friends and emergency contacts), workout profile, and game profile (e.g., total score, ranking, and number of likes or “thumbs up”).
Physical characteristics, which may include height and weight.
Device and system usage information, which may include device type, software version, model, country code, region, and language; mobile network; Bluetooth information; Wi-Fi information (including Wi-Fi SSID and password); call logs; chat history (including voice/video calls and recordings, as well as photos and videos shared); exercise information if applicable (e.g., exercise time and distance, calories, steps).
Internet or other similar network activity, which may include usage history; information on interaction with an application and error logs, error codes, and error descriptions, and other information provided relating to faults or defect experienced with use of our Services.
Geolocation data, which may include physical location or movements from one location to another, as well as a specified “safe zone.”
Inferences drawn from other Personal Information, which may include a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

 TCL Kids Application

The following types of Personal Information are collected from adults and/or children when they use our Children Products and Services or otherwise interact with us:

 Basic information and contact details, which may include name, address, email address, month and year of birth, gender, nationality, and account name or account ID.

Profile information and identifiers, which may include username, nickname, alias, avatar, online and device identifiers (including device IMEI).
Commercial information, which may include payment information, records of products and Services purchased, obtained, or considered, or other purchasing and browsing information.
Device and system usage information, which may include device type, software version, model, country code, region, and language; mobile network;
Internet or other similar network activity, which may include usage and browsing history; search history; information on interaction with a website, application, or advertisement (e.g., click frequency on banner and video casting time); application and error logs, error codes, and error descriptions, and other information provided relating to faults or defect experienced with use of our Services.
Inferences drawn from other Personal Information, which may include a person’s preferences (e.g., content genre), characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

HOW WE USE PERSONAL INFORMATION AND ON WHAT LEGAL BASIS WE RELY ON

We may collect, store, process or otherwise used Personal Information for the purposes set out in the table below. For clarity, we have also specified the type(s) of Personal Information and the legal basis we rely up (where applicable data protection law requires a legal basis to process Personal Information) for each processing purpose.

To comply with local laws, we may ask for your consent or permission as a parent/guardian before your child can use our Services. If your jurisdiction is one of those requiring consent and you believe your child is participating in an activity that collects Personal Information and you or another parent/guardian have NOT provided consent or permission, please contact us through the ways provided in the Contacting Us section at the end of this Privacy Notice. We will not use the parent(s) or guardian(s) email address or any other Personal Information provided for parental consent purposes to send them marketing, unless the parent has opted in or has separately participated in an activity that permits us to send him or her marketing communications in accordance with applicable privacy laws.

 Kids Watch

Processing Purpose(s)	Type(s) of Personal Information	Legal Basis (where applicable)
To obtain parental or guardian’s consent, where legally required by law	Basic information and contact details; profile information and identifiers	Necessary to comply with a legal obligation (where applicable) AND Necessary to perform a contract (i.e., our Terms of Service)
To authenticate users	Basic information and contact details; profile information and identifiers; device and system usage information	Necessary to perform a contract (i.e., our Terms of Service)
To provide, manage and facilitate your use of our products and Services, including to help you set up and manage an adult or child account (including pairing and un-pairing devices, enabling or disabling certain features on a device, managing contact lists, sending health reminders, and so forth)	Basic information and contact details; profile information and identifiers; physical characteristics (e.g., when you activate the pedometer feature); device and system usage information; internet or similar network activity; geolocation data (e.g., to track the location of your child or activate the weather feature); inferences drawn from other Personal Information	Necessary to perform a contract (i.e., our Terms of Service) We process your physical characteristics on the basis of your (parental) explicit consent.
To conduct ordinary business operations and for associated administrative purposes, including to facilitate internal purposes such as auditing, data analysis, and research to improve our products and Services, user experience and customer communications	Profile information and identifiers; device and system usage information; internet or similar network activity; inferences drawn from other Personal Information	Our legitimate interests to facilitate internal purposes such as auditing, data analysis, and research to improve our products, Services, user experience and customer communications.
To provide software updates, maintenance services, and support for Services	Device and system usage information; internet or similar network activity	Necessary to perform a contract (i.e., our Terms of Service)
To provide customer support To respond to any questions or concerns that may arise in connection with Services	Basic information and contact details	Our legitimate interests to provide customer support and resolve questions or concerns in relation to our products and Services
To send you marketing information about Services and help to make that information more relevant to you To administer contests, promotions, events, market research, and surveys in relation to Services	Basic information and contact details of parents or guardians.	Consent
To protect against and prevent fraud and other legal or information security risks, as well as to defend and exercise legal rights	Basic information and contact details; profile information and identifiers; physical characteristics (e.g., when you activate the pedometer feature); device and system usage information; internet or similar network activity; geolocation data (e.g., to track the location of your child or activate the weather feature); inferences drawn from other Personal Information	Our legitimate interests to protect against and prevent fraud and other legal and information security risks We process your physical characteristics for these purposes on the basis of your (parental) consent. Moreover, when we collect information stored on the Watch for these purposes, we rely on your (parental) consent.
To comply with applicable laws, regulations, directives and court decisions (for example, tax and accounting laws, consumer protection laws), including to contact you in relation to Services, for example, in the event that any Services have changed or present issues	Basic information and contact details; profile information and identifiers; physical characteristics (e.g., when you activate the pedometer feature); device and system usage information; internet or similar network activity; geolocation data (e.g., to track the location of your child or activate the weather feature); inferences drawn from other Personal Information	To comply with applicable law, regulations, directives and court decisions

 TCL Kids Application

Processing Purpose(s)	Type(s) of Personal Information	Legal Basis (where applicable)
To obtain parental or guardian consent where legally required by law	Basic information and contact details; profile information and identifiers	Necessary to comply with a legal obligation (where applicable) AND Necessary to perform a contract (i.e., our Terms of Service)
To authenticate users	Basic information and contact details; profile information and identifiers; device and system usage information	Necessary to perform a contract (i.e., our Terms of Service)
To provide, manage and facilitate your use of our products and Services, including to help you set up and manage an adult or child account	Basic information and contact details; profile information and identifiers; device and system usage information; inferences drawn from other Personal Information	Necessary to perform a contract (i.e., our Terms of Service)
To conduct ordinary business operations and for associated administrative purposes, including to facilitate internal purposes such as auditing, data analysis, and research to improve our products, Services, user experience and customer communications	Profile information and identifiers; device and system usage information; internet or similar network activity; inferences drawn from other Personal Information	Our legitimate interests to facilitate internal purposes such as auditing, data analysis, and research to improve our products, Services, user experience and customer communications When we collect information stored on the device you use to access the App for these purposes, we rely on your consent.
To provide software updates, maintenance services, and support for Services	Device and system usage information; internet or similar network activity	Necessary to perform a contract (i.e., our Terms of Service)
To provide customer support To respond to any questions or concerns that may arise in connection with Services	Basic information and contact details	Our legitimate interests to provide customer support and resolve questions or concerns in relation to our products and Services When we collect information stored on the device you use to access the App for these purposes, we rely on your consent.
To send you marketing information about Services and help to make that information more relevant to you To administer contests, promotions, events, market research, and surveys in relation to Services	Basic information and contact details	Consent
To protect against and prevent fraud and other legal or information security risks, as well as to defend and exercise legal rights	Basic information and contact details; profile information and identifiers; device and system usage information; internet or similar network activity; inferences drawn from other Personal Information	Our legitimate interests to protect against and prevent fraud and other legal and information security risks When we collect information stored on the device you use to access the App for these purposes, we rely on your consent.
To comply with applicable laws, regulations, directives and court decisions(for example, tax and accounting laws, consumer protection laws) , including to contact you in relation to Services, for example, in the event that any Services have changed or present issues	Basic information and contact details; profile information and identifiers; device and system usage information; internet or similar network activity; inferences drawn from other Personal Information	To comply with applicable law, regulations, directives and court decisions

Please note that if you and/or your child do not provide certain Personal Information, we may not be able to accomplish some purposes outlined in this Privacy Notice; consequently, you and/or your child may not be able to use or access certain Services that require the use of such Personal Information.

Where we rely on consent as the legal basis to process Personal Information, it can be withdrawn at any time without affecting the lawfulness of the processing prior to such withdrawal. Where we rely on consent as the legal basis to process a child’s Personal Information, we make reasonable efforts to ensure we obtain valid parental consent in accordance with our parent email verification process.

TCL may collect some of the information above stored on your device (e.g., the watch or the device used to access the app), for example, by using cookies and similar technologies. Please consult the cookie notice for more information

Your Choices

We may need consent for certain marketing activities or for other purposes. We offer various ways to opt-out of receiving certain communications from us. To opt-out of receiving email marketing communications from us, you may click the “Unsubscribe” link found at the bottom of the email and follow the instructions.

We do not sell or otherwise disclose Personal Information provided to us, except as described in this Privacy Notice (see “Sharing of Personal Information”), as disclosed at the time of the data collection, or as described in any specific privacy policy, as applicable. We will not disclose Personal Information to third parties, unless such disclosure will be necessary with reference to the legal purpose of the processing, as better described in the following section “When We Share Personal Information”.

Please note that we will collect special category Personal Information (i.e. health or biometric information) only where we obtain your explicit consent or where required or otherwise permitted by applicable law.

SHARING OF PERSONAL INFORMATION

We may disclose Personal Information with our affiliates and subsidiaries in one or more of the circumstances described below:

to help us provide our Services;
where we market Services provided by our affiliates or subsidiaries (subject to any necessary consents being in place); and
when it is necessary for one of the purposes for which TCL lawfully processes Personal Information under this Privacy Notice.

We may also share Personal Information with third parties in the following situations:

in case of sale of any TCL’s business or assets or merger with another company, we may disclose Personal Information to the prospective buyer for due diligence purposes and on completion of the assignment, sale, or merger;

when you provide your consent to disclose Personal Information to specific and identified third party or category of third parties;
to third-party service providers, agents or (sub-)contractors (for example, the providers of our electronic data storage services) that we hire to perform a business, professional, administrative, or technology function in order to support us in providing our Services to you. We will ensure that such third parties will be processing Personal Information in compliance with the provisions set out in this Privacy Notice and under a confidentiality duty;
to the extent required by law, if we are under a duty to disclose Personal Information in order to comply with any legal obligation or to establish, exercise or defend our legal rights. For example, we may disclose Personal Information (i) in response to a law enforcement or public agency’s request; (ii) if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of users of our Services; (iii) to protect the security or integrity of our Services and other technology, as well as the technology of our service providers; and (iv) enable us to take precautions against liability;
to other third parties for the purpose of detecting, preventing, or otherwise addressing fraud, security or technical issues, protecting against harm to the rights, property or safety of our users or the public; and
to other independent professional service providers, such as our auditors.

RETENTION OF PERSONAL INFORMATION

TCL retains Personal Information only for as long as necessary and it will be deleted after a reasonable time according to the following criteria:

TCL retains Personal Information as long as it has an ongoing customer relationship;
TCL retains Personal Information as long as it needs to comply with a legal obligation to which it is subject; and
TCL retains Personal Information where it is advisable to safeguard or improve TCL’s legal position, rights, and interests (e.g. in relation to litigation, regulatory investigations).

INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

The use of our Services may involve the transfer, storage and processing of Personal Information within and outside of your country of residence, consistent with this Privacy Notice. The data protection laws of countries to which Personal Information may be transferred might not guarantee the same level of protection as your country does.

Transfer of Personal Information from within the European Economic Area (EEA), Switzerland and UK to outside of the EEA / UK / Switzerland

Your data is accessed by the controller, located in China. In addition, we use service providers in China and the US that they can help us provide you the Services.

When we transfer Personal Information from within the EEA, UK or Switzerland to outside the EEA, UK or Switzerland to China, we will transfer your personal data where necessary to provide the Services and perform the contract you entered into with us.

You may request additional details about how Personal Information is protected by us in case of transfer outside EEA, UK or Switzerland by contacting us as described in the “Contacting Us” section below.

SECURITY OF PERSONAL INFORMATION

We have adopted organizational, physical and technical security measures that are in line with the industry standards designed to protect the Personal Information you provide, and to prevent any unauthorized access, disclosure, use, modification, damage or loss of data. Please understand, however, that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any Personal Information you transmit to us and you understand that any Personal Information that you transfer to us is done at your own risk. If we learn of a security system breach, we will act in a timely fashion in accordance with any applicable law. We may attempt to notify you electronically regarding security, privacy, and administrative issues relating to your use of our Services. We may post a notice on the Services if a security breach occurs. We may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive written notice of a data privacy or security breach.

DATA PROTECTION RIGHTS

Data protection laws in your jurisdiction may provide a number of legal rights in relation to the Personal Information that we hold about you and/or your child. Not all data protection laws are the same, so not all of these rights apply in all places. Also, some of these rights are subject to qualifications and limitations, and exercising these rights may impact the Services and products that we provide to you. However, we recognize that Personal Information belongs to you alone, and that enables you to control how we use it.

Your rights may include:

the right to request access to the Personal Information that we process about you, including the right to obtain information on and copy of such data;

in some circumstances, the right to receive Personal Information in a structured, commonly used and machine-readable format and/or request that we transmit those data to a third party where this is technically feasible. Please note that this right only applies to Personal Information which has been provided to us;
the right to request that we rectify Personal Information if it is inaccurate or incomplete;
the right to request that we erase Personal Information in certain circumstances. Please note that there may be circumstances where you ask us to erase Personal Information, but we are legally entitled to retain it;
the right to object to, and the right to request that we restrict, our processing of Personal Information in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of Personal Information but we are legally entitled to continue processing Personal Information and / or to refuse that request; and
the right to lodge a complaint with a Supervisory Authority.

Parents or guardians may exercise any rights that their child may have in relation to their Personal Information. For example, at any time, parents or guardians may review their child’s Personal Information, direct us to delete their child’s Personal Information, and may refuse to allow any further collection or use of the child’s Personal Information (in all cases, subject to the requirements and restrictions set out in applicable law). Parents and guardians may also agree to the collection and use of their child’s Personal Information, but still not allow disclosure to third parties unless it’s part of the requested service. Please keep in mind that a request to delete records may lead to a termination of Services. In some jurisdictions, children may also exercise their data protection rights directly.

You can exercise your (and/or your child’s) rights by contacting us using the details set out in the “Contacting Us” section below. We may need to confirm your identity before completing your request, and, for example, may ask for you to confirm data points we already have about you. We will only use Personal Information provided in a verifiable request to verify the requestor’s identity or authority to make the request. We will respond all valid requests within a reasonable time in accordance with applicable laws. To protect children’s privacy and security, we will take reasonable steps to help verify a parent’s identity before granting access to any Personal Information.

Your California Privacy Rights

California Civil Code Section 1798.83 permits users who 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 contact us using the contact information provided below and put “Shine the Light” in the subject line of your request.

In addition to the above mentioned rights, from January 1, 2020, you may be entitled to the below rights:

the right to know. California residents may request information about the categories and specific pieces of Personal Information we have collected about them, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the sale or disclosure for business purposes of Personal Information to third parties, and the categories of third parties with whom this information was shared. California residents may also request a copy of the Personal Information we have collected, and upon request, we will provide this information in electronic form;
the right to opt out of the sale of Personal Information to third parties. We do not sell Personal Information at this time, and we do not sell the Personal Information of children under 16 years old;
the right to request deletion of Personal Information, subject to certain legal exceptions; and
the right to not be discriminated against for exercising any of the rights mentioned above.

California residents can exercise their rights by contacting us using the details set out in the “Contacting Us” section below. Whenever feasible for verification, we will match the identifying information provided to the Personal Information already maintained by us. If, however, we cannot verify the requester’s identity from the information already maintained by us, we may request additional information.

California residents may also designate an authorized agent to make a request on their behalf. Such authorized agent must be registered with the California Secretary of State and must have permission to submit such requests. We may deny a request from an agent that does not submit proof that they have been authorized to act on behalf of a California resident.

HOW WE RESPOND TO DO NOT TRACK SIGNALS

The “Do Not Track” (“DNT”) privacy preference is an option that may be made in some web browsers allowing you to opt-out of tracking by websites and online services. At this time, global standard DNT technology is not yet finalized and not all browsers support DNT. We therefore do not recognize DNT signals and do not respond to them.

CHANGES TO THE PRIVACY NOTICE

We reserve the right to change or amend our Privacy Notice from time to time to address new issues of privacy and information security and to reflect changes to our Services or business practices. Any new change and/or amendments will be noted on this page. We will also update the Last Updated date above. If we make material changes to our Privacy Notice, we will notify you by prominently posting the changes on our Services or by using the contact information we have on file about you.

CONTACTING US

If you would like further information on the collection, use, disclosure, transfer or processing of Personal Data or the exercise of any of the rights listed above, please contact us through the specific channels indicated below.

For user residing in the EEA, our representative in the European Economic Area is TCT Mobile Europe, which has its offices at Le Capitole, 55 rue des Champs-Pierreux, 92000 Nanterre, France. Please contact us by privacy_dpo@tcl.com.

For users residing in the UK, our representative in the United Kingdom is TCT Mobile UK Limited, which has its offices at 10 Finsbury Square, London EC2A 1AF, England. Please contact us by privacy_dpo@tcl.com.

For users residing in India, our Grievance Officer in India is Mr. Sudhansu Sahu and can be reached at privacyqueryindia@tcl.com.

For users residing in the United States, TCL subsidiary is TCT Mobile (US) Inc. whose related addresses and contacts is indicated below:

TCT Mobile, Inc.

25 Edelman, suite 200

Irvine, CA 92618

For users residing in Brazil, TCL’s representative is Semp TCL Mobilidade Ltda. (Tax Payer Number 08.649.664/0001-98, whose address and related contact is indicated below:

Semp TCL Mobilidade Ltda

Avenida Arnaldo Rojek, nº 01, Rua 5, Galpão H - parte 1, Altos de Jordanésia, Cajamar/SP - CEP 07.786-900

For users residing in China and other regions of the world (including Brazil, EEA, UK and US), the “data controller”/“business” is TCL Communication Technology Holdings Limited, with its address at 10F Building F4, TCL Communication Technology Building, International E-City, No. 1001 Zhongshanyuan Road, Xili Street, Nanshan District, Shenzhen City, Guangdong Province, China.