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TCL Global Privacy Notice

 

This Privacy Notice is effective as of Dec. 20, 2019.

 

This Privacy Notice describes how TCL and/or its affiliates and subsidiaries (collectively ‘TCL” or “we”) protect the personal data we process and control relating to you (“your personal data”), what types of personal data we collect about you, what we do with it, how we disclose it and which rights you have in relation to the processing of personal data. Your privacy is important to us. We respect your privacy when handling your personal data.

 

TCL protects your personal data in accordance with any applicable privacy laws and our privacy policies. This Privacy Notice provides an overview of TCL most common processing activities of your personal data. Please note that certain specific processing activities may be subjects to a separate and tailored privacy statements that will apply in addition to this Privacy Notice.

 

When does this Privacy Notice apply?

 

This Privacy Notice applies whenever we collect personal information from or about you when you access or use any of our websites, TCL’s and relevant Alcatel brand devices, services (including streaming services, online services and those provided via your TCL account), applications, software, technologies and any other materials (“TCL materials”) or when you contact us in any manner. This Privacy Notice applies to personal consumers and other individuals within our clients, business partners, supplier and other organizations with which TCL has or contemplates a business relationship. To find out more, please click on any of the sections below:

 

·  Personal data we collect about you

·  Uses of your personal data

·  Disclosure of your information to third parties

·  Third party links

·  International Transfers of personal data

·  Security of your personal data

·  Retention of your personal data

·  Your rights

·  Product specific terms

·  Use of cookies

·  Contacting us

 

We may update this Privacy Notice anytime to reflect changes in how we collect and use your personal data or changes in relevant laws. Any update to this Privacy Notice will be effective upon its posting on our website at  . In addition, we may also send a message to you to inform you about the changes to this Privacy Notice.

 

By visiting our websites or using our devices and services and/or by providing your information, you are accepting and consenting to the practices described in this Privacy Notice.

 

Personal data we collect about you.

 

We may collect and process the following personal data about you:

 

·   Information that you provide to us. This includes information about you that you give us by filling in forms, entering information in our website, creating user accounts or by communicating with us, whether face-to-face, by phone, online, by e-mail or otherwise. “Personal Information” means: (i) any data that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, under the California Consumer Privacy Act (CCPA) whenever applicable and (ii) any information relating to an identified or identifiable natural person (the “data subject”) whenever the General Data Protection Regulation (“GDPR”) applies. Personal Information includes without limitation the following:

 

o Personal and/ or business contact information: your name, shipping, billing and/or business address, email address, phone number;

o Log in information: username, password, nickname;

o Demographic information: date of birth, gender;

o Payment information: your debit or credit card details, bank details or other payment and financial information;

o Other information about you such as your occupation, language, voice pattern;

o Information about the TCL materials and services that you own and use, location of your device and time zone and proof that you purchased them.

 

Except for certain information that is required by law, your decision to provide any Personal Information to TCL is voluntary. You will therefore not be subject to adverse consequences if you do not wish to provide TCL with your Personal Information. However, please note that, if you do not provide certain Personal Information TCL may not be able to accomplish some purposes outlined in this Privacy Notice and you may not be able to use or access certain TCL devices or services that require the use of such Personal Information.

 

·   Information we collect or generate about you. This includes, without limitation, the following:

 

o details about your usage of the TCL account, TCL applications, TCL and Alcatel websites and devices;

o details about your usage of the products that we supply to you such as the content viewed through the device and usage habits;

o the IP address, MAC address, Device-ID, Terminal ID, serial number, IMEI number, IMSI number and any other device identifiers or device-specific information about your TCL materials; geolocation information provided by your device’s GPS signal or communicated through a nearby Wi-Fi access points and cell towers while you use certain services and enable the location feature;

o error logs, error codes and error descriptions and other information that you provide relating to faults or defect experienced with any of your TCL materials; and

o where we provide after-sales services to you, recordings of phone conversations between you and our staff.

 

·   Information we obtain from other sources. This includes, without limitation, the following:

 

o information from social media networks;

o Information obtained from other providers of products, services, websites and applications;

o other commercially or publicly available sources; and

o if you take part in market research programs organized and/or sponsored by/on behalf of TCL we may also collect information from third party websites or social media networks, in accordance with the privacy policies of those respective websites and social media networks.

 

Whenever we collect information about you from third parties, we will ensure that those third parties are allowed to share such information with us and that our use of the Personal Information collected from them complies with all applicable data protection laws.

 

We will not knowingly collect any Personal Information about children under age 13 without making it clear that such information should only be provided with parental or guardian’s consent, if this is required by any applicable laws. TCL will only use Personal Information relating to children as far as it is permitted by the law where the required parental or guardian’s consent has been obtained.

 

Uses of your personal data

 

Your personal data may be collected, stored, processed or otherwise used by us in the following ways and for the following purposes:

 

·   to manage our products and services and your use of our TCL materials

·   to provide software updates, maintenance services and support for TCL materials;

·   to help you manage your TCL account;

·   to allow you to download and purchase our products and services such as our applications and related websites and / or to give you access to third-party applications installed on the device;

·   to process payments transactions or orders for TCL materials;

·   to contact you in relation to TCL materials and services, , for example, in the event that any TCL materials have changed or present issues;

·   (particularly when using your business contact,) to conduct ordinary business operations and for associated administrative purposes;

·   to protect against and prevent fraud, and other legal or information security risks.

·   to keep TCL materials secure and prevent crime and fraud;

·   to respond to any complaints or questions that you may raise in connection with TCL materials, and to defend and exercise legal rights;

·   to improve or personalise TCL materials or develop new ones;

·   to administer contests, promotions, events, market research, survey in relation to TCL materials;

·   to facilitate internal purposes such as auditing, data analysis, and research to improve our products, services, user experience and customer communications;

·   to comply with all applicable laws, regulations, directives and court decisions;

·   to send you information about TCL materials and help to make that information more relevant to you. We may need your consent for certain marketing activities. We offer you various ways to opt-out of receiving certain communications from us. If you would like to opt out of receiving e-mail marketing communications from us you may click the “Unsubscribe” link found at the bottom of the e-mail and follow the instructions. You can always review and update your preference at any time by the method provided to you.

 

We do not sell or otherwise disclose Personal Information you have provided to us, except as described in this Privacy Notice, as disclosed to you at the time of the data collection or as described in any specific privacy notice, as applicable. We will not disclose your 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 “Disclose of your Personal Information to third parties”.

 

We are allowed to process your Personal Information for the purposes set out in this Privacy Notice because one or more of the following applies:

 

·   the processing of your Personal Information is necessary to perform a contract with you and to provide you with products and services;

·   TCL is required to do so in compliance with a legal obligation to which it is subject;

·   The processing is necessary for TCL to establish, exercise or defend its legal rights or for the purpose of legal proceedings;

·   TCL has legitimate interest in collecting and processing your Personal Information, for example, with reference to the following:

o conducting market research in relation to our products and services, whereby legally permissible;

o improving the products and services that we provide;

o making our communications or the content that we provide to you more relevant to you;

o minimising our risks, for example, in relation to credit or fraud; and

o developing our training process and systems; and

·   you have given your prior consent to certain types of processing. For example, you may have consented to receive marketing messages from us or from third parties on TCL’s behalf.

 

Disclosure of your Personal Information to third parties

 

We may disclose your Personal Information with TCL’s affiliates and subsidiaries in one or more of the circumstances described below:

 

·   to help us provide you with TCL materials;

·   where we market products and services provided by TCL’s affiliates and/or TCL’s subsidiaries; and

when it is necessary for one of the purposes for which TCL lawfully processes your Personal Information under this Privacy Notice. In case of disclosure of your Personal Information to any TCL’s affiliate or TCL’s subsidiary under the conditions above, we will adopt appropriate measures to ensure that the access to your Personal Information will only be given to the employees of such TCL’s affiliates and TCL’s subsidiaries that need it in order to carry out the purpose of the data processing under this Privacy Notice and in compliance with the principle of data minimization.

 

We may also share your Personal Information with third-parties in order to serve you better in certain situations including the following:

 

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

·   if we market third-party products or services to you, we may share your Personal Information with those third parties;

·   when you provide your consent to disclose your Personal Information to specific and identified third party or category of third parties;

·   to third-party agents or contractors (for example, the providers of our electronic data storage services) that we hire to support us in providing our services and products to you. We will ensure that such third-parties will be processing your Personal Information in compliance with the provisions set out in this Privacy Notice and under a confidentiality duty;

·   to business partners who provide products and / or services that are embedded or serve as a component of TCL materials that we provide to you. These third parties will be responsible for how they use your Personal Information in connection with their services and products as described in a separate privacy notice provided by them; and,

·   to the extent required by law, if we are under a duty to disclose your personal data in order to comply with any legal obligation, establish, exercise or defend our legal rights.

 

Third-party links

 

Our website may contain links to third-party sites. We are not responsible for the privacy practices or content of such other sites and this Privacy Notice does not apply to them. If you have any questions about how these other sites use your Personal Information, please review their policies and contact them directly.

 

International transfers of Personal Information

 

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

 

Transfer of Personal Information outside of the European Economic Area (EEA) when GDPR applies.

 

When we transfer your Personal Information from within the EEA to outside the EEA, we will ensure that it is protected in a manner that is consistent with how your Personal Information will be protected by us in the EEA and an adequate level of protection will be ensured, through one of the following mechanisms:

 

·   the third country where we transfer your Personal Information has been recognized as capable to ensure an adequate level of protection by a decision of the European Commission;

·   the importer and the exporter have signed the “standard contractual clauses” approved by the European Commission with its decision on February 5, 2010, establishing obligations to safeguard the personal data in accordance with EU standards; or

·   In absence of an adequate level of protection, controller and processor provide adequate safeguards and enforceable data subjects rights and effective legal remedies for data subjects are available.

You may request additional details about how your Personal Information is protected by us in case of transfer outside an EEA country (including a copy of the Standard contractual clauses entered into with importers in the third country) by contacting us as described in the “Contacting us” section below.

 

Security of your Personal Information

 

We have adopted organizational, physical and technical security measures that are in line with the industry standards to protect the Personal Information you provide, and to prevent any unauthorised access, disclosure, use, modification, damage or loss of data. We will take all reasonable and practical steps to protect your Personal Information, including the following:

 

·   We will use SSL and other technical measures to ensure encryption with regards to our services and products. We will regularly examine our practice of information collection, storage, and processing (including physical security measures) to prevent unauthorised system access.

·   We will authorize our employees and personnel of third parties to access your personal data only on a need-to-know basis in order to help us process your Personal Information and provide the services to you. These employees and external personnel (of third parties authorised by us) are subject to strict contractual confidentiality obligations. Should they fail to fulfill these confidentiality obligations, they may be held accountable for confidentiality breach and their relationship with us may be terminated.

·   The security of your Personal Information is extremely important to us. We will continue our efforts to protect your Personal Information and implement safeguard measures, such as providing full encryption for information storage and transmission, to prevent your Personal Information from unauthorised access, usage or disclosure. No one but the user can access specific contents of certain encrypted data.

·   We will adopt encryption and other security measures to transmit and store your Personal Information of particular types; and we will use technical measures to process your personal biometric information before storing it, e.g. we will only store the essential components of such personal biometric information.

·   We will prudently select business partners and service providers, and implement the requirements for personal data protection to the business contracts or audits and assessments between both parties.

·   We will conduct security and privacy protection training courses, testing and publicity activities to enhance employees' awareness of the importance of protecting personal 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.

 

Retention of Personal Information

 

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

 

·   TCL retains your Personal Information as long as it has an ongoing relationship with you;

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

 

Your rights

 

Data protection laws may give you a number of legal rights in relation to the Personal Information that we hold about you. 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 recognise that your Personal Information belongs to you only 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;

·   the right to withdraw your consent to our processing of your Personal Information at any time. Please note, however, that we may still be entitled to process your Personal Information if we have another legitimate reason (other than consent) for doing so;

·   in some circumstances, the right to receive some 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 data which you have provided to us;

·   the right to request that we rectify your Personal Information if it is inaccurate or incomplete;

·   the right to request that we erase your Personal Information in certain circumstances. Please note that there may be circumstances where you ask us to erase your 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 your Personal Information in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your Personal Information but we are legally entitled to continue processing your Personal Information and / or to refuse that request; and

·   the right to lodge a complaint with the Supervisory Authority (details of which are provided below) if you think that any of your rights have been infringed by us.

 

You can exercise your rights by contacting us using the details set out in the “Contacting us” section below.

 

We may need to confirm your verifiable consumer request 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 consumer request to verify the requestor’s identity or authority to make the request.

 

You can find out more information about your rights or lodge a complaint with the relevant supervisory authority if you consider that our processing of your Personal Information breaches any applicable law. Contact details for all European Union supervisory authorities can be found here:https://edpb.europa.eu/about-edpb/board/members_en.

 

Your California Privacy Rights

 

Under California law, we are required to provide the following information. We have collected the following personal data in the past 12 months:

 

Category of personal data

Source(s)

Purpose(s)

Disclosure to third parties

Identifiers, which may include name, postal address, online identifier, Internet Protocol address, email address or account name

Directly from you

Indirectly from you (e.g., from observing your actions on our Site)

From third party service provider, such as social media

To fulfill or meet the reason you provided the information, e.g., to help you manage your TCL account, to contact you in relation to our products and services, and to respond to an inquiry or process an order

Disclosure for business purposes to: companies within the TCL group of companies, internet service providers, payment processors

Personal information categories contained in customer records, which may include name, address, telephone number, employment, bank account number, credit card number, debit card number, or any other payment and financial information

Directly from you

To fulfill or meet the reason you provided the information, e.g., to help you manage your TCL account, to contact you in relation to our products and services, and to respond to an inquiry or process an order

Disclosure for business purposes to: companies within the TCL group of companies, internet service providers, payment processors

Commercial information, which may include records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies

Directly from you

To fulfill or meet the reason you provided the information, e.g., to help you manage your TCL account, to contact you in relation to our products and services, and to respond to an inquiry or process an order

Disclosure for business purposes to: companies within the TCL group of companies, internet service providers, payment processors

Internet or other similar network activity, which may include browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement

Indirectly from you (e.g., from observing your actions on our Site)

 

To fulfill or meet the reason you provided the information, e.g., to improve our products or services, or to provide targeted advertising

Disclosure for business purposes to: companies within the TCL group of companies, internet service providers

Geolocation data, which may include physical location or movements

Directly from you

To fulfill or meet the reason you provided the information, e.g., to help you manage your TCL account, to contact you in relation to our products and services, and to respond to an inquiry, to process an order, or provide targeted advertising

Disclosure for business purposes to: companies within the TCL group of companies, internet service providers

Inferences drawn from other personal information, which may include a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

Indirectly from you (e.g., from observing your actions on our Site)

From third party service provider, such as social media

To fulfill or meet the reason you provided the information, e.g., to provide targeted advertising

Disclosure for business purposes to: companies within the TCL group of companies, internet service providers

 

For Residents of California, United States only, in addition to the above mentioned rights in the “Your Rights” section, from January 1, 2020, you will be entitled to the below rights:

 

·   the right to know. You may request information about the categories and specific pieces of Personal Information we have collected about you, 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 your Personal Information to third parties;

·   the right to opt out of the sale of your Personal Information to third parties. If the Personal Information to be sold is the Personal Information of a child between 13 and 16 years of age, the right to opt in is given to him/her. If the child is 12 years old or under, the parental/guardianauthorization is required;

·   the right to not be discriminated against for exercising any of the rights mentioned above; and

·   subject to certain legal exceptions, you have the right to request deletion of your Personal Information.

 

Additionally, 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.

 

You can exercise your rights by contacting us using the details set out in the “Contacting us” section below. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.

 

Product specific terms

 

This Privacy Notice applies generally to how we use your Personal Information in relation to our products and services. We may also process additional Personal Information in relation to particular products or services.

 

·   Smart TV

o We and our third party partners collect personal information about your use of or Smart TV products, such as name and duration of videos played, user favourites, pages viewed, and time spent on those pages. This is so that we are able to better understand how our customers use the product and ensure that we can continue to make improvements and tailor our services.

o We may collect additional personal data in order to provide remote diagnosis of problems with your Smart TV products. For example, we may collect real-time screenshots and information about the data stored on your Smart TV products. This is to ensure that problems with your Smart TV products can be resolved as efficiently as possible.

o We also collect personal information about your use of the Amazon Alexa or Google Action voice assistant function on your Smart TV products. This information includes a device description, your voice, Skill Token and Voice command. When you use the voice assistant function, your voice data will be processed by Google or Amazon. Your data will be directly transferred to Google or Amazon. Please refer to the Google or Amazon privacy notices for information on further processing of your personal data by these companies.

 

·   T-Cast

o We and our third party partners will collect details about your usage of the T-Cast application, including the volume of usage you make of the T-Cast application (measured through the number of clicks you make) as well as the choice of services you make through the T-Cast application. We do this so that we understand better your usage of the T-Cast application and can tailor the layout of the application to your preferences.

 

·   TCL Home

o We and our third party partners will collect details about your usage of the TCL Home application, such as the volume of usage you make of the TCL Home application, the information you provided through live chat and the choices of services you make through the TCL Home application. We do this so that we understand better your usage of the TCL Home application and improve our services and tailor the layout of the application to your preferences.

o If you use a third party account (Facebook or Twitter) to log on the TCL Home application, we also collect or process your personal data associated with such third party account. Please refer to the Facebook or Twitter privacy notices for relevant information.

 

·   T-Channel

o We may collect and process your personal data associated with your Roku TV user account (for example your email address) and/or any third party account (Facebook or Google) you may use to log on the T-Channel platform. Please refer to the privacy notices of the relevant third parties for future information on how they share your personal data with us.

o T-Channel allows users to search content available within T-Channel by initiating the voice control function in Roku TV. When you use the voice control function, your voice data will be processed by Roku TV directly. Please refer to the Roku TV privacy notices for information on further processing of your voice data.

o We may collect and process data in relation to the Roku TV device you hold (e.g. its device model, unique device identifier, brand, MAC address, Roku operating system version, region, IP address, application version), and your use of T-Channel (e.g. your clicks records and browsing history). We may engage third party processors to analyse such data and build profiles on your usage and preference. We do this so that we can understand better how our customers use T-Channel and make recommendations to you on other content which you may be interested in.

 

·   TCL Mobile, Tablet and Wearable Device

o We may collect and process special categories of personal data such as biometrics data and health data when you use certain applications on TCL mobile, tablet or wearable device. These data are necessary for the health-related functions of these applications. We process your special categories of personal data based on your explicit consent, and you may withdraw your consent to such processing at any time. However, you should be aware that if you choose to do so we may be unable to continue to provide certain services to you. If you choose to withdraw your consent, we will tell you more about the possible consequences;

o We may collect and process device data and log information including referrer URL, IP addresses and details about your use of our website, cloud services, app store, browsing history, search queries, browser type and session frequency, besides unique device identifiers;

o Some TCL mobile devices are under the Alcatel brand but this Privacy Notice also applies to those devices.

 

Please note that when you access the content provided by a third party on TCL’s products, such third party may collect or receive information about the TCL materials (e.g. its IP address and device identifiers), and any requested transaction by you (e.g. your request to buy or rent such content). TCL is not responsible for such third party providers’ privacy or security practices.

 

Use of cookies

 

We use “cookies” and similar web technologies to support certain features of the TCL account and other websites and applications operated by us. A cookie is a piece of code deployed on your device. We use two types of cookies: “session cookies” and “persistent cookies”.

 

A session cookie expires after you close your browser. A session cookie will identify you during your browsing session by assigning a randomly generated unique identification number to your device. We use session cookies to:

 

·   enable us to provide products and services to you and manage transactions. For example, we may deploy a cookie to remember what items you have stored in an online shopping basket; and

·   for certain content management and editing purposes.

Persistent cookies do not expire when you close your browser. We use persistent cookies:

·   to record whether a visitor is logged in to the TCL account;

·   to record when a visitor to the TCL account or other TCL website / application gives consent to our use of cookies;

·   for performance and design purposes. For example, we might use cookies to track which parts of our websites or applications are popular and to figure out how to improve their functionality;

·   to improve user experience and personalise what you see. For example, we might use cookies to record user preferences and to ensure that more relevant website / application content (including advertising content) is delivered to users;

·   to enable us and third-party partners that we work with to deliver advertisements or tailor marketing messages that you have consented to receive. For example we may use cookies to record what products and services you buy or show interest in and use third party services to enable relevant advertisements to be shown on our and other websites / applications based on that information; and

·   for certain content management and editing purposes.

 

If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your device. You may also delete cookies as soon as you leave the TCL account or other TCL website / application. Although you are not required to accept cookies when you visit the TCL account, if you set your browser to reject cookies, you may not be able to use all of the features and functionality of the TCL account or other TCL website / application.

 

We use Google Analytics, which is a web analytics tool that helps us understand how users engage with the TCL Account or other TCL website / application. Google Analytics tracks your movement through our site (i.e. the pages you have seen and the links you have clicked on) and helps us measure how you interact with the content we provide. This information is used to compile reports and to help us improve the TCL Account or other TCL website / application. The reports disclose website trends without identifying individual visitors. You can opt out of Google Analytics without affecting your use of our site. More information on opting out of Google Analytics across all websites you use can be found on the Google website at: https://tools.google.com/dlpage/gaoptout.

 

For further details about the cookies we use, please see our Cookies Policy which can be found here: http://www.tcl.com/eu/en/cookies-policy.

 

For Residents of the United States Only

 

·   The Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. Please visit https://www.networkadvertising.org to learn more. Note that opting-out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.

 

At this time, our website does not recognise automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.

 

Contacting us

 

If you would like further information on the collection, use, disclosure, transfer or processing of your personal data or the exercise of any of the rights listed above, please contact us as specified below.

 

For residents in EEA, our representative in the European Union is TCL Europe, which has its offices at 9-15 rue Rouget de L'Isle- 92130 Issy- Les-Moulineaux, France. Please contact us by privacy_dpo@tcl.com.

 

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

 

For users in the United States, TCL subsidiaries are TTE Technology, Inc. and TCT Mobile Inc. whose related addresses and contacts are indicated below:

 

TTE Technology, Inc. (for TCL TV and service)
1860 Compton Ave. Corona
CA 92881
Contact us by sending an email at consumerdata@tcl.com, or by calling our toll-free
number at 1-877-300-8837

 

TCT Mobile, Inc. (for TCL mobile phone/tablets/wearable device and service)
25 Edelman, suite 250
Irvine, CA 92618
Contact us by sending an email at privacy.na@tcl.com, or by calling our toll-free number at 1-855-368-0829

 

For users in China and other regions of the world, the data controller is Shenzhen TCL New Technology Co., Ltd, with its address at 9F Building D4, International E-City, No. 1001 Zhongshanyuan Road, Xili Street, Nanshan District, Shenzhen City, Guangdong Province, China.

 

For more information about contacting TCL, please see the contact us.

 

 

 

 

This Privacy Notice is effective as of August 6, 2021.

 

This Privacy Notice sets out how TCL and/or its affiliates and subsidiaries (collectively “TCL” or “we”) protect the personal data we process relating to you (your “Personal Data”), what types of Personal Data we collect about you, what we do with it, how we disclose it and which rights you have in relation to the processing of Personal Data.

 

Thank you for choosing TCL!

 

WHEN DOES THIS PRIVACY NOTICE APPLY?

 

This Privacy Notice applies when we process your Personal Data as a result of your access and use of TCL website (www.tcl.com), TCL smart TV products, SEMP branded devices, TCL smart service applications (including TCL Account, TCL Channel, TCL Home App, BrowserHere/T-Browser, TCL Live, TV Guard, MagiConnect, Chat Now, Smart Gallery, Reminder, Weather, Game Center, Gesture Control and Remote Diagnosis) and other TCL devices, websites or applications that may refer to this Privacy Notice (collectively “TCL Materials”).

 

Please refer to [TCL Communication Privacy Policy ] for more specific information about how we process your Personal Data when you access and use the Alcatel websites (including www.alcatelmobile.com), TCL and Alcatel branded phones, tablets, watches, bracelets, wearable devices, routers and other applications or services provided by TCL Communication Technology Holdings Limited.

 

This Privacy Notice also applies to our processing of the Personal Data of business contacts within our clients, business partners, supplier and other organizations with which TCL has or considers a business relationship.

 

To find out more, please click on any of the sections below:

·  PERSONAL DATA WE COLLECT ABOUT YOU

·  USES OF YOUR PERSONAL DATA

·  DISCLOSURE OF YOUR PERSONAL DATA TO THIRD PARTIES

·  THIRD PARTY LINKS

·  INTERNATIONAL TRANSFER OF PERSONAL DATA

·  SECURITY OF YOUR PERSONAL DATA

·  RETENTION OF YOUR PERSONAL DATA

·  YOUR RIGHTS

·  PRODUCT SPECIFIC TERMS

·  USE OF COOKIES

·  CONTACTING US

 

We may update this Privacy Notice to reflect changes in how we collect and use your Personal Data or changes in applicable laws on a regular basis. Any update to this Privacy Notice will be effective upon its posting on our website at https://www.tcl.com/global/en.html . In addition, we may also notify you to inform you about the changes to this Privacy Notice as required by applicable laws.

 

BY VISITING OUR WEBSITES, PROVIDING YOUR INFORMATION OR USING TCL MATERIALS, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE PRACTICES DESCRIBED IN THIS PRIVACY NOTICE.

 

PERSONAL DATA WE COLLECT ABOUT YOU

 

Your privacy is important to us so we explain here what Personal Data we collect about you. Please note that, if you do not provide certain Personal Data, TCL may not be able to accomplish some purposes outlined in this Privacy Notice and you may not be able to use or access certain TCL Materials.

 

We may collect and process the following Personal Data about you:

 

Information that you provide to us. This includes information about you that you give us by filling in forms, entering information in our website, creating user accounts or by communicating with us, whether face-to-face, by phone, online, by email or otherwise, which are capable of identifying you or to make you identifiable depending on the context. This information includes, without limitation, the following:

 

o Personal contact information: your name, shipping, billing address, email address, phone number;

o To comply with our legal obligations required under applicable laws, we may also collect your tax payer number (CPF);

o Log in information: username, password, nickname;

o Demographic information: date of birth, gender;

o Payment information: your debit or credit card details, bank details or other payment and financial information;

o Other information about you such as your occupation (e.g. when you participate in our survey), language, health and exercise data; and

o Information about TCL Materials that you own and use, and proof that you purchased them, when applicable.

 

Information we collect or generate about you.We collect Internet, electronic activity, and other information automatically from the devices and browsers that you use. This includes, without limitation, the followin

 

o Details about your usage of the TCL Materials;

o Location of your device and time zone;

o Details about your usage of the products that we supply to you such as browsing history, search history, page clicks and your activities when using our products or services (e.g. we may collect the app using time when you use TCL Channel);

o The IP address, MAC address, Device-ID, Terminal ID, serial number, IMEI number, IMSI number, advertising ID (a unique user ID assigned to your devices for advertising purposes), and any other device identifiers or device-specific information about your TCL Materials; geolocation information provided by your device’s GPS signal or communicated through a nearby Wi-Fi access points and cell towers while you use certain services and enable the location feature;

o Error logs, error codes and error descriptions and other information that you provide relating to faults or defect experience with any of your TCL Materials; and

o Where we provide after-sales services to you, your emails, phone number, address, fax number, chat history or recordings of phone conversations between you and our support staff.

 

Information we obtain from other sources.We may collect information about you from third parties. This includes, without limitation, the following

 

o Information from social media networks;

o Information obtained from other providers of products, services, websites and applications;

o Other commercially or publicly available sources (as allowed under the law); and

o If you take part in market research programs organized and/or sponsored by/on behalf of TCL we may also collect information from third party websites or social media networks, in accordance with the privacy policies of those respective websites and social media networks.

 

We may also collect other information about you, your device or the use of TCL Materials in the manner informed at the time of collection and/or with your consent in accordance with applicable laws.

 

We will not knowingly collect any Personal Data from or about children under age 13, or minimum age allowed in your jurisdiction, without making it clear that such information should only be provided with a parent’s or guardian’s consent, if this is required by applicable laws. If you believe that your child has provided us with his/her Personal Data without a parent’s or guardian’s consent, please contact us via the email address provided in the Contacting Us section below. TCL will only use Personal Data relating to or from the children as far as it is permitted by applicable laws and if required, only with parent’s or guardian’s consent. If your child uses our Kids Learning or Kids Mode services, TCL family watch, or other TCL products or services for child, we will provide you a separate privacy notice with more details on how we protect children’s Personal Data.

 

USES OF PERSONAL DATA

 

Your Personal Data may be collected, stored, processed or otherwise used by us in the following ways and for the following purposes:

 

·   To deliver, activate, verify and manage our products and services purchased by you;

·   To provide software updates, maintenance services, technical support and after-sales services for TCL Materials;

·   To help you register and manage your TCL account;

·   To allow you to download and purchase our products and services such as our applications and related websites and/or to give you access to third-party applications installed on the device;

·   To process payments transactions or orders for TCL Materials;

·   To contact you in relation to TCL Materials, for example, in the event that any TCL Materials have changed or present issues;

·   To establish, exercise or defend its legal rights or for the purpose of legal proceedings;

·   To protect against and prevent fraud and information security risks, as well as to keep TCL Materials secure, such as verifying your accounts and identification, detecting security incidents and combating malicious activities;

·   To respond to any complaints or questions that you may raise in connection with TCL Materials, and to defend and exercise our legal rights;

·   To personalise TCL Materials at your request;

·   To troubleshoot functionality or other issues for the TCL Materials;

·   To evaluate and develop new functionalities, technologies and improvements on TCL Materials;

·   To administer contests, promotions, events, market research, survey in relation to TCL Materials;

·   To facilitate TCL’s internal purposes such as auditing, data analysis, and research to improve our products, services, user experience and customer communications;

·   To comply with all applicable laws, regulations, directives and court decisions as well as decisions from competent authorities;

·   To send you information about TCL Materials and help to make that information more relevant to you. We may need your consent for certain marketing activities. We offer you various ways to opt-out of receiving certain communications from us. If you would like 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;

·   To display personalized advertising of our products and services on TCL website and display non-personalized advertising on other TCL Materials. Our advertising partners may also display non-personalized advertising on some of our products or services. If they will display personalized advertising, we will obtain your explicit prior consent as required by applicable laws; and

·   Other purposes with your consent.

 

To the extent the Personal Data we collect about you is considered special categories of Personal Data or sensitive Personal Data under applicable laws, we process such data based on your explicit consent, and you may withdraw your consent to such processing at any time. However, you should be aware that if you choose to do so we may be unable to continue to provide certain services to you. If you choose to withdraw your consent, we will tell you more about the possible consequences. If permitted by applicable laws, we may also process special categories of Personal Data that you expressly made public or to establish, exercise or defend legal claims.

 

The Section “Product Specific Terms” below provides more detailed information about the Personal Data we collect and the purposes for which we use the Personal Data in connection with TCL’s smart TV, MagiConnect, TCL Home application, and TCL Channel.

 

If you act as a business contact of your organization to purchase or use TCL Materials on behalf of your organization, we may collect your name, shipping, billing and/or business address, email address, phone number, and use your Personal Data to the extent necessary to carry out ordinary business operations, for associated administrative purposes or for other purposes specified above in the Section “Uses of Personal Data”.

 

DISCLOSURE OF YOUR PERSONAL DATA TO THIRD PARTIES

 

We do not sell or otherwise disclose Personal Data you have provided to us, except as described in this Privacy Notice, as disclosed to you at the time of the data collection or as described in any specific privacy notice, as applicable.

 

We may disclose your Personal Data with TCL’s affiliates and subsidiaries in one or more of the circumstances described below:

 

·   To help us provide you with TCL Materials;

·   Where we market products and services provided by TCL’s affiliates and/or TCL’s subsidiaries; and

·   For one of those purposes for which TCL processes your Personal Data under this Privacy Notice.

 

We may also share your Personal Data with third-parties in order to achieve the purposes mentioned in the Section “Use of Personal Data” above, including:

 

·   In case of sale of any TCL’s business or assets with another company, merger, or other significant transactions, we may disclose your Personal Data for due diligence purposes and on completion of the transaction;

·   We may share your advertising ID (a unique user ID assigned to your devices for advertising purposes) with our advertising partners for them to display non-personalized advertising;

·   If we market third-party products or services to you, we may share your Personal Data with those third parties;

·   When you provide your consent to disclose your Personal Data to specific and identified third party or category of third parties;

·   To third-party agents or contractors (for example, the providers of our electronic data storage services) that we hire to support us in providing our services and products to you. We will take steps to require such third-parties to process your Personal Data in compliance with the provisions set out in this Privacy Notice and under a confidentiality duty;

·   To business partners who provide products and / or services that are embedded or serve as a component of TCL Materials that we provide to you. These third parties will be responsible for how they use your Personal Data in connection with their services and products as described in a separate privacy notice provided by them, which you are encouraged to verify; and

·   To the extent required by law, or if we are under a duty to disclose your Personal Data in order to comply with any legal obligation, establish, exercise or defend our legal rights and/or of third parties.

 

Besides the disclosures of Personal Data informed in this Privacy Notice we may share your Personal Data with third parties whenever you authorize the sharing.

 

Please note that if you access third-party services — such as social media services, third-party single-sign on tools, third-party applications, mobile platforms, and telecom carriers of your devices — through our services, these third-party services may be able to collect information about you, including information about your activity on the products and services, and they may notify your connections on the third-party services about your use of the product and services, in accordance with their own privacy policies.

 

THIRD PARTY LINKS

 

Our website may contain links to third-party sites. We are not responsible for the privacy practices or content of such other sites and this Privacy Notice does not apply to them. You must carefully read the privacy policies related to services of third parties, contacting directly those parties in case of need.

 

INTERNATIONAL TRANSFER OF PERSONAL DATA

 

TCL shares your Personal Data globally with the companies within its corporate group to carry out the activities specified in this Privacy Notice. TCL may also subcontract the processing or sharing of your Personal Data to third parties located outside your country. When you use TCL Material, we may transfer, storage and process your information within and outside of your country of residence, consistent with this Privacy Notice. The processing of your Personal Data may, therefore, be also subject to laws other than the ones from your country.

 

TCL takes appropriate steps to ensure that transfer of Personal Data shall be done in accordance with applicable privacy laws and, in particular, that contractual, technical and organizational measures will be in place, such as, with no limitation, the Standard Contractual Clauses approved by the European Commission.

 

SECURITY OF YOUR PERSONAL DATA

 

We have adopted organizational, physical and technical security measures that are in line with the industry standards to protect the Personal Data you provide, and to prevent any unauthorised access, disclosure, use, modification, damage or loss of data. We will take reasonable and practical steps to protect your Personal Data, including the following:

 

·   We will use SSL and other technical measures to ensure encryption with regards to our services and products. We will regularly examine our practice of information collection, storage, and processing (including physical security measures) to prevent unauthorised system access.

·   We will authorize our employees and personnel of third parties to access your personal data on a need-to-know basis in order to help us process your Personal Data and provide the services to you. These employees and external personnel (of third parties authorised by us) are subject to contractual confidentiality obligations.

·   The security of your Personal Data is extremely important to us. We will continue our efforts to protect your Personal Data and implement safeguard measures, such as providing encryption protection for information storage and transmission, to prevent your Personal Data from unauthorised access, usage or disclosure.

·   We will prudently select business partners and service providers, and implement the requirements for Personal Data protection to the business contracts between both parties.

·   We will conduct security and privacy protection training courses, testing and publicity activities to enhance employees' awareness of the importance of protecting Personal Data.

 

Please understand, however, that no data transmissions over the Internet can be guaranteed to be 100% secure. If we become aware of any violation of our security system, we will act in a timely fashion in accordance with any applicable laws.

 

RETENTION OF PERSONAL DATA

 

TCL retains your Personal Data only for as long as needed for the purposes described in this Privacy Policy, and it will be deleted after a reasonable time according to the following criteria:

 

·   TCL retains your Personal Data as long as it needs it for the purposes mentioned in the Section “Use of Personal Data”, which may coincide with the period for which TCL has an ongoing relationship with you; and

·   TCL retains your Personal Data as long as it needs to comply with a legal obligation to which it is subject or defend claims brought against us.

 

YOUR RIGHTS

 

Data protection laws may give you a number of legal rights in relation to the Personal Data that we hold about you. Not all data protection laws are the same so not all of these rights apply in all places. You may refer to the Annexes of this Privacy Notice for more details about your rights in certain specific jurisdictions.

 

However, we recognise that your Personal Data belongs to you only and that enables you to control how we use it. Your rights may include:

 

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

·   The right to request that we rectify or correct your Personal Data if it is inaccurate or incomplete;

·   The right to request that we erase or delete your Personal Data in certain circumstances. Please note that there may be circumstances where you ask us to erase or delete your Personal Data, but we are legally entitled to retain it;

·   If permitted by applicable laws, the right to lodge a complaint with the competent government agency if you think that any of your rights have been infringed by us.

 

You can exercise your rights by contacting us using the details set out in the “Contacting Us” section below.

 

We may need to confirm your verifiable consumer request 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 Data provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

 

PRODUCT SPECIFIC TERMS

 

This Privacy Notice applies generally to how we use your Personal Data in relation to our products and services. We may also process additional Personal Data in relation to particular products or services.

 

SMART TV

 

We and our third party partners collect Personal Data about your use of or Smart TV products, such as name and duration of videos played, user favourites, pages viewed, and time spent on those pages. This is so that we are able to better understand how our customers use the product and ensure that we can continue to make improvements and tailor our services.

 

We may collect Personal Data when you use the camera or microphone of your Smart TV products. For example, when you use the camera (either built-in or external camera) to conduct video live chats on your Smart TV products, to provide the video live chat services, we may collect data about your TCL accounts, your video and audio chat history, support data related to trouble shooting and feedbacks related to the use of services.

 

We may collect additional Personal Data in order to provide remote diagnosis of problems with your Smart TV products. For example, we may collect real-time screenshots and information about the data stored on your Smart TV products. This is to ensure that problems with your Smart TV products can be resolved as efficiently as possible.

 

The Smart TV products capture data of the Amazon Alexa or Google Action voice assistant function on your Smart TV products. This information includes a device description, your voice, Skill Token and Voice command. When you use the voice assistant function, your voice data will be processed by Google or Amazon. Your data will be directly transferred to Google or Amazon. Please refer to the Google or Amazon privacy notices for information on further processing of your Personal Data by these companies.

 

Our third-party advertising partners may use automatic content recognition (ACR) and other technologies to collect your TV viewing and usage information to create profiles of users and determine the personalized advertisements that your devices will receive. You may control whether to allow us to activate the data collection by ACR by following the method provided in the settings page of your Smart TV.

 

MagiConnect

 

We and our third party partners will collect details about your usage of the MagiConnect application, including the volume of usage you make of the MagiConnect application (measured through the number of clicks you make) as well as the choice of services you make through the MagiConnect application. We do this so that we understand better your usage of the MagiConnect application and can tailor the layout of the application to your preferences.

 

TCL HOME

 

We and our third party partners will collect details about your usage of the TCL Home application, such as the volume of usage you make of the TCL Home application, the information you provided through live chat and the choices of services you make through the TCL Home application. We do this so that we understand better your usage of the TCL Home application and improve our services and tailor the layout of the application to your preferences.

 

To provide you with services that allow you to connect and manage multiple TCL devices and other manufacturers’ devices owned by you, we and our third party partners will also collect the following information about you: Wi-Fi or blue tooth information, location, TCL account, device information about your phone and information about the TCL devices to be connected.

 

TCL CHANNEL

 

TCL Channel allows users to search content available within TCL Channel by initiating the voice control function in Roku TV. When you use the voice control function, your voice data will be processed by Roku TV directly. Please refer to the Roku TV privacy notices for information on further processing of your voice data.

 

We may collect and process data in relation to the Roku TV or TCL device you hold (e.g. its device model, unique device identifier, brand, MAC address, Roku operating system version, region, IP address, application version), and your use of TCL Channel (e.g. your clicks records and browsing history). We may engage third party processors to analyse such data and build profiles on your usage and preference. We do this so that we can understand better how our customers use TCL Channel and make recommendations to you on other content which you may be interested in.

 

USE OF COOKIES

 

We and our third-party advertising and data analytics partners use “cookies” and similar web technologies including pixel tags or web beacons, (“automated collection tools”) to support certain features of the TCL account, smart TV and other websites and applications operated by us. Automated collection tools are pieces of code deployed on your device. The automated collection tools allow the website to recognize your browser or device during your visit to the TCL website/application or when you return to the TCL website/application. For further details about the cookies we use, please see our Cookies Policy, which can be found here:http://www.tcl.com/uk/en/tcl-cookies-policy.html

 

We use two types of automated collection tools: “session cookies” and “persistent cookies”.

 

A session cookie expires after you close your browser. A session cookie will identify you during your browsing session by assigning a randomly generated unique identification number to your device. We use session cookies:

 

·   To enable us to provide products and services to you and manage transactions. For example, we may deploy a cookie to remember what items you have stored in an online shopping basket; and

·   For certain content management and editing purposes.

 

Persistent cookies do not expire when you close your browser. We use persistent cookies:

 

·   To record whether a visitor is logged in to the TCL account;

·   To record when a visitor to the TCL account or other TCL website / application gives consent to our use of cookies, when applicable;

·   For performance and design purposes. For example, we might use cookies to track which parts of our websites or applications are popular and to figure out how to improve their functionality;

·   To improve user experience and personalise what you see. For example, we might use cookies to record user preferences and to ensure that more relevant website / application content (including advertising content) is delivered to users;

·   To enable us and third-party partners that we work with to deliver advertisements or tailor marketing messages that you have consented to receive. For example we may use cookies to record what products and services you buy or show interest in and use third party services to enable relevant advertisements to be shown on our and other websites / applications based on that information; and

·   For certain content management and editing purposes.

 

How to Manage Automated Collection Tools

 

If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your device. You may also delete cookies as soon as you leave the TCL account or other TCL website / application. Although you are not required to accept cookies when you visit the TCL account, if you set your browser to reject cookies, you may not be able to use all of the features and functionality of the TCL account or other TCL website/application.

 

For example, the Help portion of the toolbar on most web browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new automated collection tools, and how to entirely disable automated collection tools. With regards to some of the popular browsers you can find more information by clicking on the following relevant links: Google Chrome; Microsoft Edge; Mozilla Firefox; Microsoft Internet Explorer; Opera and Apple Safari.

 

Where required by applicable laws, we will present you with a cookie banner the first time you visit our website/application that explains what type of automated collection tools we use and which asks your consent for some of the automated collection tools we use.

 

Personal Data Collected through Automated Collection Tools

 

We use the Personal Data collected through automated collection tools for the purposes specified above (including in the Section “Uses of Personal Data”). For those cookies where we ask for your consent to deploy them, we also rely on consent as the legal basis for processing Personal Data collected through those cookies.

 

For U.S. users, the Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. Please visit https://www.networkadvertising.org to learn more. Note that opting-out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.

 

At this time, our website does not recognise automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.

 

CONTACTING US

 

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

 

For residents in EEA, our representative in the European Union is TCL Europe, which has its offices at 9-15 rue Rouget de L'Isle- 92130 Issy- Les-Moulineaux, France. Please contact us by privacy_dpo@tcl.com.

 

For residents in the UK, our representative in the United Kingdom is TCL Electronics UK Limited, which has its principal office at 2nd Floor, Office 201, The Porter Building, 1 Brunel Way, Slough, Berkshire, United Kingdom, SL1 1FQ. Please contact us by privacy_dpo@tcl.com.

 

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

 

For users in the United States, TCL subsidiary is TTE Technology, Inc., whose related addresses and contacts is indicated below:

 

TTE Technology, Inc.

1860 Compton Ave. Corona

CA 92881

Contact us by sending an email to consumerdata@tcl.com, or by calling our toll-free number at 1-877-300-8837

 

For users in Brazil, TCL’s subsidiary is Semp TCL Indústria e Comércio de Eletroeletrônicos S.A. (Tax Payer Number 24.227.491/0001-76), whose address and related contact is indicated below:

 

Semp TCL Indústria e Comércio de Eletroeletrônicos S.A.

Avenida Arnaldo Rojek, nº 01, Rua 4, Galpão C - parte 2, Altos de Jordanésia, Cajamar/SP - CEP: 07.786-900

Contact us by sending an email to privacidade@semptcl.com.br, or by calling +55 (11) 3004-7570.

 

For users in China and other regions of the world, the data controller is Shenzhen TCL New Technology Co., Ltd, with its address at 9F Building D4, International E-City, No. 1001 Zhongshanyuan Road, Xili Street, Nanshan District, Shenzhen City, Guangdong Province, China.

 

ANNEX BRAZIL

 

(This section shall become effective as of the date of entry into force of LGPD)

 

General Overview

 

The provisions set out in this Annex are exclusively applicable to personal data processing activates subject to the Brazilian legislation, in particular Law n. 13.709/2018 as amended (“LGPD”). In the event of contradiction between the provisions set out in the main text of TCL Global Privacy Notice and this Annex, the provisions of this Annex shall prevail exclusively in relation to the processing activities subject to Brazilian Law.

 

Legal Bases for Processing Personal Data

 

The processing of Personal Data may be conducted in accordance with one of the following main legal bases: (i) compliance with a legal or regulatory obligation of TCL; (ii) contract necessity; (iii) exercise of legal rights in judicial, administrative or arbitration proceedings; (iv) protection of life and health; (v) legitimate interest of TCL or third parties; and (vi) credit protection.

 

Undertaking

 

When you visit our sites, provide your Personal Data or use TCL Materials, you declare your knowledge as to the collection, use, transmission, transfer, classification, access, storage, modification, communication, disclosure, elimination or any other processing activity in relation to your Personal Data as described in the Privacy Notice.

Confidentiality of Personal Data and your Responsibilities

TCL applies it best efforts to protect your Personal Data. You are responsible for all the activities under your login and password related to TCL Materials. If, by any chance, you believe that your account information is unauthorized known, please contact us as described in the “Contacting us” section.

 

Your Rights

 

The applicable rules and legislation grants you the following rights: (i) right to confirm the existence of processing activities related to your Personal Data; (ii) right of access; (iii) right to correct incorrect, incomplete or outdated Personal Data; (iv) right of anonymization, blockage or exclusion of unnecessary or excessive Personal Data, or of Personal Data processed in violation of the applicable legislation; (v) right of portability; (vi) right to exclude Personal Data which is no longer necessary for the purposes for which collected, but for cases in which retention of the Personal Data is necessary and allowed under the law; (vii) right to obtain information on the private and public entities to whom your Personal Data was shared; (viii) information on the consequences of refusing consent; (ix) right to withdraw consent; (x) right to petition to the Brazilian National Data Protection Authority (“ANPD”) in relation to the processing of Personal Data; and (xi) right to refuse the processing of Personal Data due to lack of compliance with the applicable legislation.

 

Automated decision and Profiling

 

Automated decision are decisions based on the use of algorithms and computer programs without human intervention.

 

On the other hand, profiling involves analyses of certain personal aspects, such as your interests, preferences, behaviour, location, through an automated processing of Personal Data with statistical processes. As result of this processing, we may send you targeted communication, present more relevant information on our platforms that we believe might be of your interest.

 

You have the right to request the review of a decision carried out in an automated processing of information.

 

Controller

 

The data controller is Shenzhen TCL New Technology Co., Ltd, with its address at 9F Building D4, International E-City, No. 1001 Zhongshanyuan Road, Xili Street, Nanshan District, Shenzhen City, Guangdong Province, China, unless otherwise informed in a specific privacy statement.

 

To contact TCL’s DPO, please send an email to privacidade@semptcl.com.br or by calling our toll-free line at +55 (11) 3004-7570.

 

You also have the right to petition to ANPD in relation to the processing of your data. For that, please contact ANPD directly.

 

ANNEX EUROPEAN ECONOMIC AREA

(EEA) AND UNITED KINGDOM (UK)

 

Use of Personal Data

 

Your Personal Data may be collected, stored, processed or otherwise used by us in the following ways and for the following purposes and legal basis:

 

1. To perform a contract with you and to provide you with TCL Materials;

 

·   To deliver, activate, verify and manage our products and services purchased by you;

·   To provide software updates, maintenance services, technical support and after-sale services for TCL Materials;

·   To help you register and manage your TCL account;

·   To allow you to download and purchase our products and services such as our applications and related websites and/or to give you access to third-party applications installed on the device;

·   To process payments transactions or orders for TCL Materials;

·   To contact you in relation to TCL Materials, for example, in the event that any TCL Materials have changed or present issues;

 

2. To comply with a legal obligation to which we are subject;

 

·   To comply with all applicable laws, regulations, directives and court decisions as well as decisions from competent authorities;

·   To protect against and prevent fraud and information security risks, as well as to keep TCL Materials secure, such as verifying your accounts and identification, detecting security incidents and combating malicious activities;

 

3. TCL has legitimate interest in collecting and processing your Personal Data;

 

·   To establish, exercise or defend its legal rights or for the purpose of legal proceedings;

·   To respond to any complaints or questions that you may raise in connection with TCL Materials, and to defend and exercise legal rights;

·   To personalise TCL Materials at your request;

·   To troubleshoot functionality or other issues for the TCL Materials;

·   To evaluate and develop new functionalities, technologies, and improvements on TCL Materials;

·   To administer contests, promotions, events, market research, survey in relation to TCL Materials;

·   To facilitate TCL’s internal purposes such as auditing, data analysis, and research to improve our products, services, user experience and customer communications;

·   To develop our training processes and systems;

·   To conduct business planning, reports and establish predictions;

·   To comply with contractual obligations owed to third parties;

·   To send you information about TCL Materials and help to make that information more relevant to you. We may need your consent for certain marketing activities. We offer you various ways to opt-out of receiving certain communications from us. If you would like 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; and

·   To display non-personalized advertising.

 

4. Other purposes with your informed consent.

 

TCL may use your Personal Data for purposes compatible with purposes mentioned above. When assessing whether a purpose is compatible, we will take into account the criteria set out in applicable laws, including your reasonable expectations. In other words, Personal Data may be used for non-conflicting and/or excessive secondary purposes in relation to the purposes mentioned above.

 

Your Rights

 

Data protection laws in member states of the EEA and the UK may give you a number of legal rights in relation to the Personal Data that we hold about you. These rights may include:

 

·   The right to request access to the Personal Data that we process about you and to request us to correct inaccuracies in that information.

·   The right to request a copy and to transfer Personal Data that we process about you;

·   The right to request that we erase or delete your Personal Data in certain circumstances. Please note that there may be circumstances where you ask us to erase or delete your Personal Data, but we are legally entitled to retain it;

·   The right to object to, and the right to request that we restrict, our processing of your Personal Data in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your Personal Data but we are legally entitled to continue processing your Personal Data and / or to refuse that request;

·   The right to withdraw your consent to our processing of your Personal Data at any time;

·   The right to lodge a complaint with the Supervisory Authority (details of which can be found here: https://edpb.europa.eu/about-edpb/board/members_en for EEA, and https://ico.org.uk/make-a-complaint/ for United Kingdom) if you think that any of your rights have been infringed by us.

 

Minors

 

If you are between 13 and 16 years old, you live in the EEA or UK, and we ask for your consent, make sure that under your country’s data protection laws you are able to provide valid consent without authorization of your parents or guardian. We will verify your age and may ask for parental/guardian consent.

 

Transfer of Personal Data

 

When we transfer your Personal Data outside the EEA or UK, we will ensure that it is protected in a manner that is consistent with how your Personal Data will be protected by us in the EEA or UK and an adequate level of protection will be ensured, through one of the following mechanisms:

·   The third country where we transfer your Personal Data has been recognized as capable to ensure an adequate level of protection by a decision of the European Commission or UK Secretary of State, as applicable;

·   The importer and the exporter have signed the “standard contractual clauses” approved by the European Commission or UK Secretary of State, as applicable; or

·   As applicable, TCL may also share the data in accordance with derogations for specific situations set out under applicable laws, such as to provide services requested by you, to conclude or perform a contract in your interest, with your explicit consent, as necessary for important reasons of public interest, and if necessary to establish, exercise or defend legal claims.

 

You may request additional details about how your Personal Data is protected by us in case of transfer outside an EEA country or UK (including a copy of the Standard contractual clauses entered into with importers in the third country) by contacting us as described in the “Contacting us” section.

 

ANNEX CALIFORNIA

Your California Privacy Rights

In the past 12 months, we may have collected categories of Personal Data that are described in the TCL Global Privacy Notice.

 

For Residents of California, United States only, in addition to the above mentioned rights in the “Your Rights” section, from January 1, 2020, you will be entitled to the below rights:

·   The right to know. You may request information about the categories and specific pieces of Personal Data we have collected about you, 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 your Personal Data to third parties;

·   The right to not be discriminated against for exercising any of the rights mentioned above; and

·   Subject to certain legal exceptions, you have the right to request deletion of your Personal Data.

 

Once we receive your request, we will verify it by checking whether the email address of the request is the same as the email address that is used to register your account. We may ask for additional information (such as your IMEI or device serial number) if we need to further verify your identity to promote security or protect against fraud. You may be entitled, in accordance with applicable law, to submit a request through an authorized agent. To designate an authorized agent to exercise your rights and choices on your behalf, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to exercise rights on your behalf.

 

Additionally, California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding our disclosure of Personal Data 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.

 

You can exercise your rights by contacting us using the details set out in the “Contacting us” section above. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.