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Privacy

Effective Date: 08/07/2018

Etekcity Corporation, located at 1202 N Miller St, STE A, Anaheim, CA 92806, United States of America, its subsidiaries and/or affiliates ("Etekcity", "we", "us", or "our") know the importance of privacy to our customers, and we strive to be clear about how we collect, use, disclose, transfer, and store your personal information.

This policy applies to any devices, websites, mobile applications such as VeSync App, and other customer service platforms (collectively “services”) .

If you have any comments or questions about this Privacy Policy, please contact us at the email address below with the subject line “Privacy Policy”:

Email: support@etekcity.com.

You can also contact us at:
United States: 1202 N Miller St, STE A, Anaheim, CA 92806, USA
Germany: BerlinerAllee 59, 40212 Düsseldorf,Germany

Privacy Policy Outline

What Personal Information We Collect

How We Collect Your Personal Information

Why We Process Your Personal Information

How We Share Your Personal Information

Data Security

How Long We Store Your Personal Information

Transfer of Personal Information

Your Rights

Your Choices

Are Children Allowed to Use Etekcity?

Third-party Links and Devices on Our Services

EU Processing, Retention, and Transfer

Modifications

What Personal Information We Collect

In order to render our services, we may collect any information you directly provide to us.

This includes, but not limited:

The information when you create or use your account or profile, such as your name, gender, telephone, date of birth, email address, personal description, and photograph.

The information about your orders from us, such as your name, consignee, shipping and billing addresses, phone numbers, payment information, which includes credit card details in order to process your order.

If you communicate with us, we may collect information, such as your name, email address, telephone number, content of posted reviews, complaints, and/or advice.

Any information you share with us, including any messages sent to us.

How We Collect Your Personal Information

When you use our services, we may collect your personal information through your devices, computers, your mobile device, and other ways:

Device Information

Such as the device model, hardware information, and other unique device identifiers, including serial number, sales code, access recording, current software version, MAC address, IP address, operating system version, the status of the device, and settings of the device you use.

Cookies

We use "cookies” and other similar technologies, such as pixel tags and web beacons, and we obtain certain types of information when you use our services. Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device. Because cookies allow you to take advantage of some of our essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you may not be able to add items to your shopping cart, proceed to checkout, or use devices and services that require you to sign in.

Location Information

When your device contacts us, we may use your location information, such as longitude and latitude, time zone settings, region, country, etc..

Login Information

During your login, we will process your email address, password, IP address, cookies, network request information, and other items.

Operation Information

We may collect session information and history of operation of devices, applications, websites, or other platforms, including page response times, errors, length of visits to certain pages, page interaction information, history of logging in, your schedule settings, input records, and methods used to browse away from the page. We may also collect technical information to help us identify your device for diagnostic purposes and fraud prevention.

Information Concerning Health

For some devices, like scales and cookers, we may collect your personal information, such as your gender, weight, height, birthday, BMI (Body Mass Index), food, and nutritional ingredients to provide full features of our services.

Other information

We may also collect other personal information when you use the device or services in ways that we describe at the point of collection or otherwise with your separate consent when required, such as environmental characteristics value (ECV).

Why We Process Your Personal Information

We process your personal information for the following purposes

To perform our duties listed on the contract between you and Etekcity Corporation, its subsidiaries and/or affiliates

To register you or your device for our services

To provide services you request

To verify identity, assist with user-identification, and to determine appropriate services

To send important notices to you, such as communications about orders and changes to our terms, conditions, and policies

For advertising, such as providing our latest product and service announcements, software (including mobile applications) updates, and upcoming events

To help us provide, maintain, develop, operate, deliver, and improve our products and services to you

For internal purposes such as auditing, data analysis, loss prevention, and fraud prevention

Additionally, we may use any anonymized or aggregated data that incorporates or is derived from your personal information after you update or delete it; however, we will not do so in a way that identifies you personally

Etekcity’s legal basis for processing personal data is that it is necessary for the performance of the contract between you and Etekcity Corporation, its subsidiaries and/or affiliates. For example, we use your personal data to process your purchase order and to provide you with the full features of our product. Furthermore, the processing of your personal data is necessary for:

Complying with legal requirements

Necessary for Etekcity’s legitimate interests (for example, managing our relationship with you and improving the relevance of our communications, experiences, and customer service)

Receiving consent from you (for example, to send you marketing information). This consent may be withdrawn at any time by contacting us or changing your settings through your device, website, email, or your mobile phone. If you withdraw your consent, you might not be able to take advantage of parts, or all, of our products and services.

How We Share Your Personal Information

We do not sell any personal information to third parties. We may process personal information in accordance with this Privacy Policy. We may disclose this information to our customer service team, legal team, finance team, and our sales and marketing teams. Besides that, we may also share your personal information within our business as described below to perform our services.

Affiliates

Your information may be shared among Etekcity affiliates for the purposes described in this Privacy Policy. The term “affiliates” refers to companies related to Etekcity Corporation by common ownership or control. Affiliates may also include other companies related by common ownership or control, such as Etekcity Corporation and Vesync Corporation.

Third-Party Service Providers

In certain situations, the third party may sell items or provide services to you through our services (either alone or jointly with us). Examples include fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes. We will disclose your personal information to that third party only to the extent that it is related to such transactions or services, and to the extent that you have explicitly accepted incremental terms with the third party whereby you acknowledge and authorize us to share your personal information.

Promotion

Sometimes we send offers to selected groups of Etekcity customers on behalf of other businesses. When we do this, we do not give that business your name or address.

Business Transfers

As we continue to develop our business, we may sell or buy assets in which customer information is one of the transferred business assets, but remains subject to the promises made in any pre-existing privacy notice (unless, of course, the customer does not consent).

Protection of Etekcity and Others

We release account and other personal information when: we believe release is appropriate to comply with the law; when it’s necessary to enforce or apply our Terms of Use and other agreements; or when it’s necessary to protect the rights, property, or safety of Etekcity, our users, or others. However, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.

With Your Consent

Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information. For example, if you want to use Amazon’s Alexa, we may notify you before sharing your data with Amazon.

Data Security

We are committed to ensuring that your personal information is secure during processing and transferring. We do this by using secure software. In order to prevent unauthorized access, disclosure, or other similar risks, we have implemented reasonable physical, electronic, and managerial measures to safeguard and secure the information we collect.

How Long We Store Your Personal Information

We will not hold your personal information for longer than is necessary for the purpose it was collected. We will delete or remove it from our systems as soon as it is reasonable to assume that the purpose for which that personal information was collected is no longer being served by retention of that personal information.

EU Processing, Retention, and Transfer

As described above, Etekcity is a company located in USA. For the performance of the contract and delivery of our services, your personal information will be transferred, stored, and processed outside your country of residence, which may have different data protection standards than your country of residence. Such countries include, but are not limited to, the EU and the United States of America. Please note that data processed in a foreign country may be compliant to foreign laws and accessible to foreign governments, courts, law enforcement, and regulatory agencies, which may differ from your country’s. We will take reasonable measures to ensure an adequate level of data protection.

Your Rights

You have the right to request details about the information we process about you and to request us to correct or delete your information; the right to object to, or request the restriction of, processing; and the right to request access to, to request the erasure of, or to know the portability of your information. In some cases, you may edit, modify, or remove some personal information you have provided to us directly through our websites and mobile applications. When you change your information, however, we may maintain a copy of the original information in our records for some time.

Under the laws of some regions and countries, we have the power to refuse your requests that are unreasonable or for which access is not required by local law.

If you request us to delete your personal information, you acknowledge that you may not be able to access or use our services and that some information may continue to reside in our records for some time in compliance with applicable law, but we will not process that information for commercial purposes. You understand that, despite your request for deletion, we reserve the right to keep your personal information, or a relevant part of it, according to applicable laws.

If you would like to make a request to access your information, or for more detail about processing, please contact us by email at support@etekcity.com.

Your Choices

You have a choice in whether or not, and how, you receive promotional information from us. One way this choice is made is by initially subscribing. If you change your mind, you can unsubscribe through our emails, or through our websites or mobile applications. You can always choose not to provide information, though it might be necessary to make a purchase or to take advantage of certain features of our services.

You can also contact us to change your privacy preferences. For example, you can control how and when you want to receive notifications from us by unsubscribing to emails as prompted in our email footers. Some administrative emails regarding your registered account (e.g., emails about your transactions, policy changes, forgotten password and confirmation emails) may not be opted out of.

If you want to delete cookies, change your browser or mobile application settings. If you switch browsers or computers, or use another operating system, you will need to opt out again. Learn more about how to manage cookies below:

Google Chrome Mozilla Firefox Apple Safari Internet Explorer

If you do not want to share your location with us, most mobile devices provide users with the ability to disable location services. Most likely, these controls are located in the device's settings menu. If you have questions concerning this, we suggest you contact your mobile service carrier or your device manufacturer.

Are Children Allowed to Use Etekcity?

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

Third-party Links and Devices on Our Services

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

Modifications

If you have any concern about privacy at Etekcity.com, please contact us with a thorough description, and we will try to resolve it. OUR BUSINESS CHANGES CONSTANTLY, AND OUR PRIVACY POLICY AND THE TERMS OF USE WILL CHANGE ALSO. WE MAY EMAIL PERIODIC REMINDERS OF OUR POLICY AND TERMS, BUT YOU SHOULD CHECK OUR WEBSITE FREQUENTLY TO SEE RECENT CHANGES. UNLESS STATED OTHERWISE, OUR CURRENT PRIVACY POLICY APPLIES TO ALL INFORMATION THAT WE HAVE ABOUT YOU AND YOUR ACCOUNT. We stand behind the promises we make and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

Terms and Conditions

Effective Date: 08/07/2018

This Terms Of Use is an agreement entered into by and between you and Etekcity Corporation, located at 1202 N Miller St, STE A, Anaheim, CA 92806, USA, its subsidiaries and/or affiliates ("Etekcity", "we", "us" or "our"), when you visit, register, log in, use services, use our website features, products, applications for mobile, or use software provided in connection with any of the foregoing (collectively, "Services").

These Terms apply to any products of the brand Etekcity, websites, mobile applications such as VeSync App, and other customer service platforms (collectively “services”).

Please read this Terms carefully and fully understand before using our Services, and choose to accept or not to accept this Terms. By using our services, you acknowledge that you have read and understood, and you signify your agreement to be bound by these terms.

By accepting this Terms of Use, you agree to accept all constraints, including accepting Etekcity to reserve the right to modify the Terms at any time. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHALL NOT USE OR ACCESS THE SERVICES IN ANY MANNER, and we may suspend or stop providing our Services to you.

INTELLECTUAL PROPERTY

All content displayed or performed on the Services, including, but not limited to, applications, software and/or services that are designed to operate with the Services, text, graphics, articles, photos, images, illustrations, User Submissions, and so forth is the property of Etekcity and protected by U.S. and international copyright laws, and other intellectual property laws. You understand that Etekcity owns the Services.

LIMITED LICENSES

Subject to your compliance with these Terms, Etekcity grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. No Services, nor any part of any Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without written approval of Etekcity.

The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn't mean that all the restrictions above don't apply.

The licenses granted by Etekcity terminate if you do not comply with these Terms.

SERVICE DESCRIPTIONS AND UPDATES

Etekcity provides services as featured. We attempt to be as accurate as possible. However we do not warrant that descriptions are accurate, complete, reliable, current, or error-free. If a product or service offered by Etekcity itself is not as described, your sole remedy is to return it in unused condition.

Service may change over time, as we improve them. At any time, we may suspend, discontinue, impose, or remove limits of use, or restrict access to all or part of the Services. Some such changes to the Services may render hardware devices, third-party services, configurations, or software setups inoperable. We may make such changes at our sole discretion and with or without notice. You understand that Etekcity owns the Services. You will not attempt to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services.

YOUR ACCOUNT

You may visit our websites without registration. However, you need an account and provide relevant personal information on the registration webpage in order to access more Services. You can delete or suspend your account, and we will keep or delete your account based on this Agreement.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

REVIEWS, COMMENTS, AND OTHER CONTENT

You may post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Etekcity reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Etekcity a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Etekcity and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Etekcity for all claims resulting from content you supply. Etekcity has the right but not the obligation to monitor and edit or remove any activity or content. Etekcity takes no responsibility and assumes no liability for any content posted by you or any third party.

FEES

We may require payment of fees for certain portions of the Services. You may elect to subscribe to such features. If you elect to subscribe to such features, you shall pay the fees described within such features. We may change the prices and institute new changes upon ten days prior notice to you. This notice may be delivered by email to you or by a post on the Services. Use of the Services by you following such notification constitutes your acceptance of any or new changed charges.

RESTRICTIONS

During your use of the Services, you may create connections between our hardware devices, third-party hardware devices, our Services, and/or third-party services. You agree that you will not connect to the Services any hardware devices or third-party services in any manners that could be dangerous to any person(s), or which could cause damage to or loss of any property.

You may not use the Services or interact with the Services in a manner that:
1. Infringes or violates the intellectual property rights or any other rights of anyone else;
2. Violates any law or regulation;
3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
4. Jeopardizes the security of your account or anyone else’s;
5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
7. Runs any form of auto-responder or “spam” on the Services, or that otherwise interfere with the proper working of
the Services (including by placing an unreasonable load on the Services’ infrastructure);
8. “Crawls,” “scrapes,” or “spiders” any page or portion of the Services (through use of manual or automated means);
9. Copies or stores any significant portion of the Content (as defined below);
10. Decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services.

THIRD-PARTY SERVICES

You accept that Etekcity is not responsible for the risks you take associated with links or connections to third-party applications or services. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties. In addition, a link to third-party Website does not imply that Etekcity endorses the site or the products or services referenced therein.

CHANGES TO TERMS

These Terms may change at any time during our Services. In the event that we need to change it, we may place a notice on the Site and may also send you an email. If you do not agree with any new Terms, you may reject them. However, you can not use the Services thereafter. Your continued use of the Service after a change of Terms means you agree to all of the changes.

Changes, amendments, or modifications made to the Terms are ineffective, unless they are made by us and updated as described herein, or they are made in writing and signed by both you and us.

TERMINATION

You are free to stop using the Services at any time. You understand and agree that we may or may not delete your Content in the event that you stop using the Services. Account termination may result in destruction of any Personal Submissions and/or Device Submissions associated with your account; however, you understand and agree that we may retain copies of such Content indefinitely. In the event that we elect to terminate your account, we will try to provide advance notice to you prior to termination so that you are able to retrieve any important Content stored in your account. You understand and agree that we may provide no advanced notice for any reason, but usually because it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Etekcity.

If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY ETEKCITY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ETEKCITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, ETEKCITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ETEKCITY DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR ELECTRONIC COMMUNICATIONS SENT FROM ETEKCITY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, ETEKCITY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE AND APPLICATIONS) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

ELECTRONIC COMMUNICATIONS

When you use Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

ASSIGNMENT

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Etekcity’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

DISPUTES AND APPLICABLE LAW

These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute or claim relating in any way to your use of any Services, or to any products or services sold or distributed by Etekcity will be resolved by binding arbitration, rather than in court. Any dispute or claim shall be finally settled in Anaheim, California, in English, in accordance with the Streamlined Arbitration rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”), then in effect, by one commercial arbitrator, who shall be selected from the appropriate list of arbitrators in accordance with those procedures.

Judgment upon the award rendered by such an arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction and venue in the state or federal courts located in, respectively, Orange County, California, or the Central District of California.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

PLEASE REVIEW OUR OTHER POLICIES, SUCH AS OUR PRICING POLICY, POSTED ON THIS SITE. THESE POLICIES ALSO GOVERN YOUR USE OF ETEKCITY SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES TO OUR SITE, POLICIES, SERVICE TERMS, AND THESE TERMS OF USE AT ANY TIME. IF ANY OF THESE TERMS SHALL BE DEEMED INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, THAT CONDITION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING CONDITION.

Contact us

Etekcity Corporation
1202 North Miller Street, Suite A,
Anaheim, CA, 92806,
United States of America.

Trademarks

The Bluetooth® word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks by Etekcity Corporation is under license. Other trademarks and trade names are those of their respective owners.

Android is a trademark of Google LLC.

App Store is a trademark of Apple Inc.

Amazon and Alexa are trademarks of Amazon.com, inc. or its affiliates.

iOS is a trademark or registered trademark of Cisco in the U.S. and other countries.

Wi-Fi is a registered trademark of Wi-Fi Alliance®.