Last modified: November 25, 2020
This policy applies to information we collect:
· On our website.
· When we use phone, email, postal mail, text messages, or other forms of electronic communication to communicate with you.
· When you access and post information on our social media sites.
Etekcity has social media accounts on LinkedIn, Facebook, and Twitter.
2. Application Partners’ Mobile Applications
Etekcity works together and has a business partnership with various mobile application developers. Etekcity application partners include Vesync Corporation (“Vesync”). These application partners are affiliates of Etekcity, and as such, they collaborate with Etekcity concerning mobile applications to control and manage certain smart device products provided by Etekcity. In specific, Etekcity does not manage online accounts or the mobile applications allowing users to view and manage the personal information collected from Etekcity smart devices. Instead, Etekcity has arranged for mobile application partners such as Vesync to collect and maintain such personal information, and users can view and manage the personal information from their mobile devices using a mobile application from one of Etekcity’s application partners.
3. Use by Children
3.1.Marketing and Sales to Adults
We market and sell our electronic products to adults 18 years and older.
3.2.Personal Information of Children Collected in Connection with the Use of Our Products
Although we market and sell our electronic products to adults, we recognize that family and household members of purchasers using our products may be children. Online accounts maintained by an application partner used by adult purchasers of our products to review personal information collected via these products may include personal information of purchasers’ family and household members who are children. The Etekcity products and services covered by this Section 3.2 are those associated with an application partner online account that collects a child’s name and other personal information in connection with the use of the product. Users access their online accounts using an application partner’s mobile application.
This section describes the following aspects of personal information collected from children in connection with the use of products covered by this section:
· The types of personal information collected
· How Etekcity and its mobile applications partners collect that personal information
· Uses of the collected personal information
· The disclosure and sharing of personal information with third parties and the role of third parties in maintaining the personal information
· A description of the rights of parents and guardians with respect to personal information collected from their children
· How parents and guardians can exercise their rights
3.2.1. Types of Personal Information Collected from Children
Etekcity’s smart devices may collect personal information, such as weight, blood, pressure, and fitness information, when children use them. Application partner online accounts may include a child’s name associated with personal information collected by smart devices.
3.2.2. How Etekcity and its Application Partners Collect Personal Information from Children
Etekcity smart devices that collect personal information use sensors to collect the information. When children are using these smart devices, an application partner receives, stores, and maintains their personal information. Users may view and manage the collected personal information using an application partner’s online account accessed via an application partner’s mobile application.
Application partners may also collect personal information about children (such as the child’s name) when parents or guardians provide the information to an application partner using their online accounts accessed via an application partner’s mobile application.
The application partner will obtain verifiable consent before collecting personal information about children. For instance, when a parent or guardian adds a child to an online account, the parent or guardian must consent to the collection of personal information about the child.
3.2.3. Uses of Personal Information Collected from Children
Application partners use personal information we collect from children for the purpose of providing, maintaining, and supporting their services to allow users to view and manage the collected personal information using an application partner online account.
3.2.4. Third Party Disclosure, Sharing, and Maintenance
Our policies and practices concerning third party personal information sharing, disclosure, and maintenance are described below in Section 6. These policies and practices apply to personal information collected by application partners from children.
3.2.5. Retention of Children’s Personal Information
Our policies and practices concerning retention of personal information are described below in Section 5.5. These policies and practices apply to personal information collected from children maintained by application partners.
3.2.6. Parents’ and Guardians’ Rights with Respect to Their Children’s Personal Information
Parents and guardians have the following rights under this policy with respect to their children’s personal information:
· Parents and guardians are entitled to view, correct, or update the personal information of their children, except as noted below.
· Although we do not sell or share personal information of children or any other users in the ordinary course of business, as described in more detail in Section 6, a parent or guardian is entitled to opt out of further personal information collection, maintenance by third parties, or sharing outside the ordinary course of business by deleting information about the child, as described in Section 3.2.7.
· Parents and guardians are entitled to delete personal information about a child as described in Section 3.2.7.
Etekcity requires that application partners provide these rights to users of application partners’ mobile applications.
If you revoke permission to collect a child’s personal information or delete a child’s personal information, your child will not be able to use the functionality of our smart devices.
Please keep in mind that in unusual circumstances we may have a legal right or obligation to preserve a child’s personal information as it currently exists. If we do not amend or delete personal information about your child upon your request, we will communicate with you concerning the reason.
3.2.7. How Parents and Guardians Can Exercise Their Rights.
If you are a parent or guardian and would like to exercise any of the rights described in Section 3.2.7, as an Etekcity customer and an application partner mobile application user, you have the ability to log into an application partner’s mobile application and make corrections to or delete the personal information about your children in your account profile. Alternatively, or if you need assistance, please contact us by one if the means described in Section 11, and someone on our or the applicable application partner’s support team will assist you correct, update, or delete your child’s personal information.
When a parent or guardian seeks to exercise any of the rights in Section 3.2.6, we or the applicable application partner will verify the identity of the parent or guardian. See Section 9.2 for identity verification details.
3.3.Other Collection of Personal Information from Children
Except as noted above in this Section 3, we do not provide products or services to children, and we do not knowingly collect personal information from children.
Should a parent or guardian have reasons to believe that a minor has provided Etekcity with personal information without prior consent or that we have collected personal information about a minor in a way not permitted in this Section 3, please contact us to ensure that the personal information is removed using the contact information in Section 11. Also, please contact us if you have any questions or concerns about our collection and management of children’s personal information.
4. Personal Information We Collect
Etekcity collects information from those who communicate with us, website visitors, and (together with an application partner) from website visitors that become customers. Etekcity also collects information from its social media pages.
4.1.Information Collected Via Communications
We may collect information from individuals that submit information to us using phone, email, live chat, and postal mail, including name, phone number, email address, postal address, and voice or message content.
4.2.Information Collected from Website Visitors
Etekcity collects some categories of information from website visitors automatically, as described in this section.
4.2.1. Information Collected from Visitors Generally
We may collect the following information about website visitors (on an aggregate or individual basis):
· Visitors’ Internet protocol addresses
· Locations of visitors
· The MAC address of visitors’ devices
· Web browser users are using
· Operating systems used by visitors
· Key words or search terms used by visitors to find our website
· How many visitors view the website or specific pages on it
· Internet activity information showing how visitors view and use our website, including a history of what pages and products they browse, the search terms they put into the website, and what they click on
We maintain records of those interested in our company who use the live chat feature on the website to communicate with us.
We use Google Analytics, which is a service of Google LLC. Google Analytics allows us to gather the above information about our website’s users.
Cookies may be automatically used to collect specific information from a computer or mobile device that accesses and navigates through the Etekcity website over time. Information collected by cookies may include information to help improve and customize the content or layout of the website.
4.3.Information Collected from Users and User Devices
4.3.1. Information Collected in Connection with Purchases
When purchasing products, we ask customers to provide the following categories of personal information for their account profile on Etekcity’s website:
· First and last name
· Mobile number
· Email address
· A user-selected password
· Postal address (shipping and billing)
· Payment information
· Date of birth
We maintain a purchase history of the products you have purchased.
Our electronic commerce site collects payment card or banking information to complete product purchases. Nonetheless, payments are processed by or payment service provider, PayPal and Stripe. Accordingly, we do not have access to your payment card information.
When creating a profile, we may also ask if you would like to receive our newsletter and other marketing communications. If you check the box to receive such communications, we use the email address in your user profile to send these communications.
4.3.2. User Data
Our smart devices collect information through sensors and also via users’ inputting data. Some of our smart devices collect information that is not personal information. For instance, temperature sensors measure surface temperatures of objects and materials. Other smart devices collect personal information, such as weight, blood pressure, and fitness information. For some devices, like scales and cookers, application partner applications 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 its services. When sensors collect personal information, the application partner receives, stores, and maintains the information. Users may view and manage the collected personal information using an application partner online account accessible through an application partner’s mobile application.
We may periodically send promotional emails about new products, special offers or other information that we think you may find interesting using the email address which you have provided. Upon registering you can select whether or not you will receive such communications, and can change your preference at any time. Nonetheless, if you opt out of such communications, we will still communicate with you regarding your orders, for account administration, for customer support purposes, or for security purposes.
When you seek support from us or when you contact us, we may collect your IP address, your location information, such as longitude and latitude, time zone settings, region, country, etc.. We also collect information about the history of operation of the smart devices you purchase from us, including errors, history of logging in, your schedule settings, and input records. We may also collect technical information to help us identify your device for diagnostic purposes and fraud prevention.
We may also collect other personal information when you use a device or an application partner’s 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).
4.4.Information Collected Via Our Social Media Pages
When you post information on our social media pages on one of the social media platforms, we will be able to view the content in your post (e.g., text, photo, audio, or video). We will also be able to view your user name and information that you record on your profile on that platform.
5. Personal Information Uses
We may use any anonymized or aggregated data that incorporates or is derived from your personal information (which is not itself personal information) after you update or delete it; however, we will not do so in a way that identifies you personally. Otherwise, this section describes the uses for the personal information we collect.
5.1.Uses of Information Collected Via Communications
We use personal information in your communications to communicate with you and respond to your requests, comments, or questions.
5.2.Uses of Information Collected from Website Visitors
We use information collected from website visitors to:
· Improve our website quality, reliability, and responsiveness
· Improve users’ experience using the website
· Identify problems with our website
· Understand our customers’ preferences
5.3.Uses of Information Collected from Users and User Devices
5.3.1. Uses of Information Collected in Connection with Purchases
We use contact information and payment information you provide on our electronic commerce website to provide you the products you order, obtain payment for our products, and provide customer support. For website account information, the applicable application partner uses your email address and password to provide and control access to your online account. The application partner’s support team may assist you by resetting your password or updating your profile information.
If you have opted to receive our newsletter and other periodic email communications, we will send you our newsletter and other marketing communications. Also, we track purchase history to understand our customers’ preferences, plan for future sales, and understand overall demand for our products.
5.3.2. Uses of User Data
The applicable application partner collects device data to register your device for its services, to provide the application partner’s services, and for internal purposes such as auditing, data analysis, loss prevention, and fraud prevention. Etekcity and application partners also use device data to provide, maintain, develop, operate, deliver, and improve our products and services provided to you. The application partner will access customer data you store in the application partner’s service only on a “need to know” basis, for instance to respond to your support requests or to respond to a security incident.
When user obtains support from us, we may use your Internet Protocol (IP) address in order to determine whether your smart device is functioning properly and to provide user support. Likewise, we use your location information, such as longitude and latitude, time zone settings, region, country, etc., as well as the history of operation of the Etekcity smart devices you purchase, including errors, history of logging in, your schedule settings, and input records, for purposes of user support. We may also collect technical information to help us identify your device for diagnostic purposes and fraud prevention.
5.4.Uses of Information Collected Via Our Social Media Pages
We use the information you post on our social media pages and your profile information to understand the preferences of our customers related to our current and future product lines. We also analyze feedback on the quality of our products and related services to improve our products. We are also interested in requests for future products.
5.5.Retention of Personal Information
Etekcity and its application partners will maintain your personal information only as long as it is needed for the purposes described above in this Section 5, such as to complete transactions with you, to complete any applicable investigations, for the duration of any dispute resolution process, or to the extent required to meet preservation requirements under applicable law. Etekcity and its application partners may continue to maintain your personal information for the reasons described in Section 188.8.131.52 below.
You may delete your online account with an application partner at any time. After you delete your online account, the application partner will delete the personal information stored in it, including any stored payment information or personal information collected by Etekcity smart devices.
6. Personal Information Sharing and Disclosures
For Etakcity products that interoperate with other devices and systems, 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, Etekcity or the applicable application partner may notify you before sharing your data with Amazon.
From time to time, we may be required to respond to a subpoena, court order, search warrant, administrative or judicial process, requests by law enforcement agencies, or other requests that we must respond to under applicable law. We may disclose your personal information in response to any of these requirements. Also, we may disclose your personal information to preserve the security of our website or social media accounts, resolve disputes, or to assess any possible wrongdoing.
Except as noted above, we will not sell, distribute, transfer, or lease your personal information to third parties.
7. Notice to California Residents
7.1.Disclosures Under the California Consumer Privacy Act
7.1.1. Categories of Personal Information and Uses
The table below summarizes the categories of personal information Etekcity and any application partner collect from California residents, and the business and commercial purposes for which the categories of personal information will be used and may have been used in the last 12 months. The table applies to any application partners whose mobile applications you are using to control and manage Etekcity smart devices. Etekcity and the applicable application partner may have collected any or all of these categories of personal information in the last 12 months. As noted above, Etekcity and its application partners do not sell personal information in the ordinary course of business. In addition, Etekcity and its application partner have not made any sales of personal information in the past 12 months.
Categories of Personal Information Collected
Purposes of Use
“Identifiers” such as a real name, alias, postal address, telephone number, email address, and account name. See Sections 4.1, 4.3.1, and 4.4 above regarding the collection of Identifiers.
See all purposes in Sections 5.1, 5.3.1, and 5.4 above.
Internet Protocol (IP) address. See Sections 4.2.1 and 4.3.2 above.
See Sections 5.2 and 5.3.2 above.
Information (other than Identifiers already described above) that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to:
We may collect signatures on correspondence sent to us by postal mail or, in the case of electronic signatures, by email or other electronic communications.
Physical characteristics. Our smart health and fitness devices may collect physical characteristics such as weight, blood pressure, and fitness metrics.
Our smart health and fitness devices use physical characteristics to help you understand your health and fitness status.
Bank account number, credit card number, debit card number, or any other financial information. See Section 4.3.1 above for more details.
See Section 5.3.1 above.
Commercial information, including records of products and services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. See Section 4.3.1 above for more details.
See the purposes in Section 5.3.1 above.
Electronic information. See Sections II.A above for more details.
See the purposes in Section III.A above.
Inferences drawn from other personal information described in this section reflecting customers’ preferences collected in the form of notes in our customer database.
Our sales and marketing team may collect notes about customer preferences based on purchasing history and website usage data to assist in understanding our customers’ needs and wishes in connection with marketing and selling our products and services.
Context-specific personal information not specifically covered within the categories above. Any kinds of personal information could be submitted to us in communications to us or social media posts. See Sections 4.1 and 4.4 above.
See Section 5.1 and 5.4 above.
If we collect your personal information for purposes covered in this policy and seek to use the personal information for a different purpose not covered by this policy, we will notify you and, where required, seek additional consent to use personal information for the other purpose.
7.1.2. Individual Rights Under the CCPA
This section describes your rights under CCPA. Etekcity requires application partners to honor these rights.
Please note, as mentioned in Section 4.3.2 above, application partners receive, store, and maintain information collected from Etekcity smart devices and maintain the online account accessed by users of an application partner mobile application to view and manage that information. Etekcity does not have possession of this information, and you will need to contact the applicable application partner to exercise your rights concerning such information.
184.108.40.206. Right of Access and Data Portability
Upon request, we will tell a California resident the categories and specific pieces of personal information we have collected about that resident in the previous 12 months. In addition, upon request, we will disclose to a California resident:
· The categories of personal information we have collected about that California resident.
· The categories of sources from which the personal information is collected.
· The business or commercial purpose for collecting that California resident’s personal information.
· The categories of third parties with whom we share personal information.
· The specific pieces of personal information we have collected about that California resident (subject to limits under applicable law)
The identity of any person making such a request must be verified as a condition of providing the requested information. See Section 9.2 (Identity Verification).
220.127.116.11. Right of Deletion
You have the right to request that we delete any of your personal information that we collected from you and retained by us, subject to certain conditions and exceptions under the law. For instance, we have the right to retain personal information needed to:
· Complete the transaction for which the personal information was collected, provide a good or service requested by the California resident, or reasonably anticipated within the context of our ongoing business relationship with the California resident, or otherwise perform a contract between our business and the California resident.
· Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
· Conduct solely internal uses that are reasonably aligned with the expectations of the California resident based on the California resident’s relationship with us.
· Comply with a legal obligation.
· Use the personal information internally, in a lawful manner that is compatible with the context in which the California resident provided it.
The identity of any person making such a request must be verified as a condition of deleting the personal information as requested. See Section 9.2 (Identity Verification).
18.104.22.168. How to Exercise Rights of Access, Portability, or Deletion
If you wish to contact us about any of your rights as set out in this Section 7.1.2, all such requests should be submitted to us using the contact information in Section 11. We will use the procedures in Section 9.2 (Identity Verification) to verify the identity of the California resident or authorized agent.
Please note, as mentioned in Sections 4.3.2 and 7.1.2 above, information from Etekcity’s smart devices is maintained by an application partner. Etekcity does not have possession of this information, and you will need to contact the applicable application partner to exercise your rights concerning such information
22.214.171.124. Policy Against Discrimination
Etekcity will not discriminate against individual California residents for exercising any of their rights under the CCPA, including by:
· Denying goods or services to the California resident;
· Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
· Providing a different level or quality of goods or services; or
· Suggesting that the California resident will receive a different price or rate for goods or services or a different level or quality of goods or services,
7.2.Notice to California Residents Regarding “Do Not Track” Settings
Under California law, online service providers must say in their privacy policies how they respond to “do not track” settings that users can set in their browser software. Currently, there is no standard governing what, if anything, a website operator should do when receiving a “do not track” signal. Therefore, Etekcity does not currently take action in response to a “do not track” browser setting. Etekcity will update this policy in response to developments regarding an industry standard concerning do not track settings.
8. How We Secure Personal Information
Etekcity has an information security program to implement reasonable and appropriate industry-standard security controls to protect personal information in its possession. Etekcity also requires application partners and their service providers to implement controls that are at least as stringent as the ones Etekcity itself uses, consistent with this policy. Etekcity’s administrative, physical, and technical safeguards:
· Provide assurances of the integrity and confidentiality of personal information covered by this policy;
· Protect against reasonably anticipated threats or hazards to the security or integrity of personal information, and unauthorized uses or disclosures of such personal information; and
· Facilitate compliance with legal frameworks of requirements under applicable data protection laws.
One example of a security safeguard we use is encryption. Specifically, our electronic commerce website uses encrypted communications when it obtains your personal information and our payment service receives your payment information to complete orders and obtain payment for products you purchase using our website.
9. Exercising Your Rights
9.1.General Policy Regarding Exercising Your Rights
If you would like to access personal information we have collected about you in connection with your purchase of products to correct or update it, and you are an Etekcity customer, you have the ability to log into our website and make the corrections to the personal information in your account profile. If you would like to access personal information maintained by an application partner and one of its mobile applications to view and manage Etekcity smart device information, please contact the application partner directly. Alternatively, or if you need assistance, please contact us by one if the means described in Section 11, and someone on our support team will assist you correct or update your personal information or direct you to the application partner’s privacy team for assistance.
Please keep in mind that in unusual circumstances we may have a legal right or obligation to preserve personal information as it currently exists. If we do not amend personal information about you upon your request, we will communicate with you concerning the reason.
If you wish to opt out of or stop receiving any marketing communications from us, please contact us at one of the mechanisms listed in Section 11. Any email communications from us contain instructions on opting out of further email communications. Nonetheless, even if you opt out of marketing communications, we will still contact you regarding support, administration, and security of our services and products. You can always choose not to provide information, though not providing such information may mean that you may be unable to make a purchase or to take advantage of certain features of our products.
Etekcity has an obligation to verify the identity of any individual or representative seeking to exercise rights under the California Consumer Privacy Act (CCPA).
For California residents with a password-protected account on our website, we can verify your identity by having you access your account and complete a web form to submit a request for your rights or confirm that you made a request.
For California residents that do not have an account on our website:
- We will verify your identity in response to a request to exercise your individual rights by requiring that you to provide two pieces of information that we already have on file with you, which may include:
- Items of contact information, or
- Content of communications you sent to us.
- In addition, in the case of a request for specific pieces of personal information, we will ask for an additional piece of information that we may have in addition to the two pieces requested above, together with a signed declaration under penalty of perjury that the requestor is the consumer whose personal information is the subject of the request or an authorized agent acting on behalf of that consumer.
An authorized agent seeking to exercise rights on behalf of an individual California resident must prove the agent’s authority either by providing a power of attorney pursuant to Probate Code sections 4121 to 4130 or by:
· Providing a copy of a writing signed by the resident giving the agent permission to act on the resident’s behalf;
· Verification of the authorized agent’s own identity under the procedures in this section; and/or
· Communicating with the California resident directly to confirm the status of the agent as being authorized to act on behalf of the resident.
We will not provide or delete information as requested if we are unable to verify the identity of the requestor as required above, if an agent cannot prove authority to act on behalf of an individual, or we have reason to believe that the request is fraudulent. We may ask for additional verification if we suspect fraud, such as a copy of an identification credential from the requestor. We will use any such additional information strictly for identity verification purposes, and it will be deleted following the completion of the verification process. We may, however, retain any information needed to comply with the CCPA or other applicable law.
10.Links to Other Parties’ Websites
Etekcity’s website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites and such sites are not governed by this policy. You should exercise caution and look at the privacy statement applicable to the website in question.
11.Contacting Us with Questions, Concerns, or Privacy Complaints
Please direct all requests for assistance, questions, or complaints about our privacy practices to our privacy team by email, postal mail, or phone at the following contact information:
Attention: Privacy Team
Postal Address: 1202 North Miller Street, Suite A, Anaheim, CA 92806 US
US Toll Free Number: (855) 686-3835
If you have a concern or complaint about Etekcity’s privacy policies or practices, please provide information relevant to your complaint. Our privacy team will evaluate your complaint based on the information you provide and send you a response. We may need to ask you for additional information to evaluate your concern or complaint. We will promptly investigate and respond to your communications about a concern or complaint. You may have other rights under law and the right to contact the privacy regulator in your local jurisdiction about your concern or complaint.
12.Amendments to This Policy
We stand behind the promises we make and will never materially change our policies and practices to make them materially less protective of user information collected in the past without the consent of affected users.
We may amend this policy from time to time. We will make amendments to the policy by displaying an amended copy on our website and social media sites or, if Etekcity determines that it is necessary, by sending a notice to you by email. Your continued use of our website or an Etekcity social media account after a revised version of this policy appears on the website or social media account will constitute your approval of the amended version.