The general provisions of Section A shall apply to you, regardless of your location. Section B only applies to customers located in the European Union, Liechtenstein, Norway, the United Kingdom or Switzerland ("Europe").
This Privacy Notice will help you understand the following:
A. General Provisions
- III.How We Collect and Use Your Personal Data
- IV.How Long We Keep Your Personal Data
- V.How We Disclose Your Personal Data
- VI.How We Protect Your Personal Data
- VII.Your Rights with Regards to Your Personal Data
- VIII.How We Process Children’s Personal Data
- IX.Third-Party Service Providers and Their Services
- X.How Your Personal Data Is Transferred Globally
- XII.Product-Specific Details
B. GDPR-Specific Provisions
The following provisions only apply to you if you live in Europe.
- I.Legal Bases for the Processing of Personal Data
- II.Additional Information on How Your Personal Data Is Transferred Globally
- III.Additional Information on Cookies and Other Tracking Technology
- IV.Additional Information on Your Rights Regarding Personal Data
- V.Contact Details of the Data Protection Officer
A. General Provisions
"Affiliated Company" refers to a company that is related to Vilykke due to joint ownership or control.
"Third Parties" refers to companies or persons who do not have a related relationship arising out of joint ownership or control with Vilykke (i.e., a non-affiliated company) or other non-related persons. Third parties can be financial or non-financial companies, or persons other than you and Vilykke.
"Personal Data" refers to any information relating to an identified or identifiable natural person.
1.What are cookies?
Cookies are small text files which are transferred from our websites, applications or services and stored on your device. Vilykke’s websites, online services, interactive applications, email messages, and advertisements may use "cookies" and other technologies such as pixel tags and web beacons. Cookies may be stored on your computer for a short time (such as only while your browser is open) or for an extended period of time, even years. Cookies not set by this site will not be accessible to us.
2.Our cookie usage
(3)Many web browsers have the Do Not Track feature, which can be used to issue Do Not Track requests to websites. If Do Not Track is enabled on your browser, all of our websites will respect your choice.
(4)As true of most websites, we gather certain information automatically. This information may include Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the site.
Managing your cookies and cookie preferences must be done from within your browser's options/preferences. Here is a list of guides on how to do this for popular browser software:
4.More information about cookies
For more information about cookies and instructions on how to adjust your browser settings to accept, delete or reject cookies, see the www.allaboutcookies.org website.
III.How We Collect and Use Your Personal Data
Vilykke collects data for efficient operations and to provide you with the best product experience. Our channels for collecting personal data include: (1) you provide us your data directly, (2)we record certain data about how you interact with our products, and/or (3) we obtain certain data about you from third parties.
The data we collect depends on the environment in which you interact with Vilykke, the choices you make, including your privacy settings and the products and features you use. It is worth noting that we usually treat the shipping area recorded on the mobile phone box as the actual location where your phone is used and comply with local laws and regulations, including those for data protection.
1.Personal data we collect
(1)Information directly provided by you
The services we provide for you require you to provide information directly to us. For instance:
Registering an Vilykke ID or filling out a warranty card/electronic warranty card requires you to create an account or to complete a personal profile. In these services, we may ask you to provide personal data to set up an account or a personal profile. Types of personal data include name, date of birth, mobile number, email address, username and password created, photos, etc.
If you order products from us, request a return or refund, or use a paid service, we may collect your delivery details, bank account number, credit card details, billing address, information for credit check and other financial information, contact and communication records, etc., so we can process your order.
Some of our services allow you to communicate and share with others. The communicated or shared content may be transmitted through and stored in our system.
We may ask you to provide personal data and collect it under other circumstances, these circumstances include participating in prize draws or competitions, participating in promotional or marketing activities organized by us or our business partners, completing questionnaires, participating in user forums or blogs hosted by us or our business partners. The information you provide helps us design and improve the products, personalize your shopping experience, and provide purchase suggestions. We may match your information with third-party data to better understand your needs.
(2)Service usage information
In addition to the information you provide, we may also collect information about your use of our services through software on your device and other means. For example, we may collect:
Device information — such as device name, device model, region and language settings, device identification number (IMEI number, etc.), device hardware information and status, usage habits, IP address, operating system version, and settings of the device used to access the service.
Log information - Such as when and how long the services are used, search terms entered through the services, and error log information of the device. Because of the Android system's design, when you choose to share the error log information of the device with us, the Android system may sometimes simultaneously send us your personal information, such as your phone number, email address, social media account, etc. We promise not to use such information for personal identification and after analyzing the error log data, we will periodically clear such data (usually within 30 days after collection).
Location information — such as the device’s GPS signal or information about nearby WiFi access points and cell towers, ID of the device’s location, network service provider ID, which may be sent to us when you use certain services. You can modify the location settings of your device from the device settings, such as changing or disabling the method or server used in location-based services, or modifying the accuracy of your location information, hence changing the location information provided to Vilykke.
d.Voice information — for example, audio that we record (and may store on our servers) when you use voice commands to control the service.
Album information — for example, to provide you with the function to display photo locations as well as to classify your photos and videos, we need to collect the latitude and longitude information of your photo and video files; when you search for a certain picture, we will collect the term you entered and the number of pictures identified locally .
Camera - To ensure that the camera app works normally, we collect operational data (e.g., how many times you use the app), information about your device (e.g., IMEI, device model, IP address, operating system version), parameters of photos taken (e.g., photosensitivity, number of faces captured), and available space on the device.
Other information about your use of the service - such as how you interact with the content provided through the service.
Please note that we may cooperate with third-party service providers to achieve the above business functions, for instance, when a third-party service provider provides voice to text conversion services on our behalf, it may receive and store certain personal data. These third parties may not use this information for any other purpose.
(3)Obtaining data from a third party
Where permitted by law, we may collect data about you from public or commercial sources and may combine them with other information received or related to you. If you choose to use our services by logging in with third-party accounts such as Google, Facebook, Twitter, etc., we may also collect your public information from these services, such as your username, profile picture, etc
2.How we use your personal data
• Provide and improve our products. The personal data we collect will be used to provide you with Vilykke's products and services, process your orders or fulfill the contract between you and Vilykke to ensure the functionality and safety of our products and services, to verify your identity, to prevent and investigate fraud or other improper use.
• Customer Support. We use data to diagnose product issues, and provide other customer care and support services. Your mobile user identification information, mobile device’s unique identifier, and geographic location information can be used to specific software licenses and may be used to invite you to participate in surveys. We also use this information to improve our products and analyze the efficiency of our business operations. However, we will not use this information to track your location. We may also collect your email address to reply your questions or comments raised in the “Contact Us” section of our websites.
• Product Improvements. We use data to constantly improve our products, including the addition of new features and functionality.
• Advertising. The personal data we collect will be used to personalize the product and to provide you with more tailored services, for example: your information can be used to recommend and display content and advertisements tailored to you on our services, or be used to conduct research and pay return visits to customers. In order to improve our products or services, with your consent, we may match your personal data (including but not limited to the de-identified location information so that it is no longer associated with a particular person) with third-party data to form a user profile so that we can conduct product development or deliver targeted product information to you (through post, email, phone and fax).
• Commercial Promotion Activities. If you participate in prize draws, contests or similar promotional activities held by Vilykke, we will use the personal data you provide to manage such activities.
IV.How Long We Keep Your Personal Data
Our retention period for personal data is the minimum time necessary to realize the purpose of collection unless a longer retention period is required by law. Beyond the above retention period, we will delete or anonymize your personal data.
V.How We Disclose Your Personal Data
1.At times Vilykke may make certain personal information available to affiliated companies and strategic partners that work with Vilykke to provide products and services. Your information will not be shared with third parties for their own independent marketing or commercial purposes.
(2)Sharing with authorized partners: to realize the purposes stated in this Policy, some of our services will be provided by our authorized partners. We may share some personal data with our partners to provide better services and user experience. Third party service providers are also used to provide you with customer service.
We will only share your personal data for lawful, legitimate, necessary, specific and clear purposes, and only personal data necessary for service provision will be shared. Our partners are not allowed to use the shared personal data for any other purposes.
2.We will only publicly disclose your personal data under the following circumstances:
(1)After we obtain your explicit consent;
(2)Disclose in accordance with laws: we may publicly disclose your personal data if it is compulsorily required by laws, such as to comply with a subpoena or other legal proceedings, legal actions or government agencies, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
VI.How We Protect Your Personal Data
1.We have taken reasonably practical and technical measures to protect the collected information related to the service. However, please note that although we have taken reasonable measures to protect your information, no websites, Internet transmissions, computer systems or wireless connections are absolutely secure.
2.We have taken safeguarding measures in accordance with industry standards to protect the personal data you provided and prevent data from unauthorized access, public disclosure, use, modification, damage or loss. We take all reasonably practical measures to protect your personal data. In particular:
(1)We will de-identify your personal data to mitigate the risk that other organizations or individuals may identify you on the basis of that personal information. We use SSL to encrypt many services. We periodically review practices regarding information collection, storage and possessing (including physical security measures), to prevent various systems from unauthorized access.
(2)We only allow Vilykke employees and personnel of authorized service companies who need the personal data to process it to access such personal data, and they are subject to strict contractual confidentiality obligations. If they fail to perform these obligations, they may be held liable or their relationship with Vilykke may be terminated.
(3)The security of your information is extremely important for us. Therefore, we endeavor to ensure the security of your personal data and implement measures such as full security encryption during storage and transmission to prevent your information from unauthorized access, use, or disclosure. At the same time, no one can access the specific content of some encrypted data except the users themselves.
(4)When we transmit and store special categories of your personal data, we will use security measures such as encryption.
3.In the event of a personal data security incident, in accordance with legal and regulatory requirements, we will promptly inform you of basic information on the situation and its possible ramifications, response measures we have taken or will take, suggestions for you own precautions and risk reduction, remedy measures for you, etc.. We will inform you in a timely manner by email, post, telephone, push notification, etc. of the related situation. When it is impossible to notify each personal data subject individually, we will issue a notice using reasonable and effective methods. At the same time, we will take the initiative to report on the handling of the personal data security incident in accordance with regulatory requirements.
VII.Your Rights with Regards to Your Personal Data
Vilykke will respect your legal rights to your personal data. Below are the rights that you have under law, and what Vilykke does to protect those rights. Please note that for the sake of security, we may ask you to verify your identity before processing your request.
2.The right to access: If you wish to access your personal data, you can login to your account and access the information you provided when registering the Vilykke ID through "Settings - Vilykke IDs"
3.The right to rectification: If you find that there is a mistake with your personal data we process, you are entitled to ask us to make rectifications. You can rectify your information via the Email: email@example.com.
4.The right to erasure: You can submit a request to us to delete personal data if we do not have a legal reason to continue to process and hold it. You can delete your information via the Email: firstname.lastname@example.org.
5.The right to restriction of processing: You have the right to ask Vilykke to restrict how we process your personal data. This means we are permitted to store the data but not further process it. We keep just enough data to make sure we respect your request in the future. You can realize your right to restriction of processing via the Email: email@example.com.
6.The right to data portability: To the extent permitted by laws and regulations, you have the right to obtain a copy of your personal data in a structured, commonly used and machine-readable format. For example, if you decide to switch to a new provider, this will enable you to easily move, copy, or transfer your personal information between our IT systems and theirs in a safe and secure manner, without affecting its usage. You can exercise your right to the restriction of processing via the Email: firstname.lastname@example.org.
7.The right to object: You have the right to object to Vilykke processing your data even if it is based on our legitimate interests, the exercise of official authority, direct marketing (including data aggregation), and processing for the purpose of statistics. You can object Vilykke processing your data via the Email: email@example.com.
8.The right to withdraw consent: If you have given us your consent to process your personal data but change your mind later, you have the right to withdraw your consent at any time, and Vilykke must stop processing your data. You can withdraw your consent via the Email: firstname.lastname@example.org.
9.The right to object automated individual decision-making: You have right not to be subject to a decision based solely on automated processing, including profiling. If these decisions significantly affect your lawful rights, you are entitled to ask for an explanation via the Email: email@example.com, which we will respond to and take appropriate measures to resolve, as necessary.
10.The right to lodge a complaint: You have the right to lodge a complaint with the data protection authority of the country you are in about the way we handle or process your personal data.
We will respond and reply to your above requests as soon as possible, and generally within seven days and no later than one month upon receipt of your request. (If necessary and as permitted by law, we may extend it by an additional two months. We will inform you the reason for the extension within the aforementioned thirty-day period, for example, if the request is complex or involves a large volume of data). If you are not satisfied with a response you received, you can refer the complaint to the relevant regulatory authority in your jurisdiction.
VIII.How We Process Children’s Personal Data
1.Our products, websites and services are mainly adult-oriented. A child should not create his/her own user account. We treat anyone under 16 years old (or equivalent minimum age in relevant jurisdiction) as a child.
2.When we find that a child’s personal data is collected, we will delete the relevant data as soon as possible.
IX.Third-Party Services Providers and Their Services
1.Vilykke websites, products, applications, and services may contain links to third-party websites, products, and services. You can choose whether to access websites, products and services provided by third parties or not. For example, the “follow us” function in the official website will lead you to access to our official accounts in social network platforms (e.g. Facebook, Instagram, LinkedIn, Twitter and etc.) where you can be aware of the marketing or promotional information published by Vilykke.
X.How Your Personal Data Is Transferred Globally
1.In principle, the personal data collected and produced within the territory of European Union is stored within the territory of the European Union.
2.Nevertheless, we provide products and services through our resources and servers around the world. This means that to ensure the uniqueness of your account so that it can be used globally without being duplicated, after acquiring your authorization and consent, and after your personal data (i.e., IMEI, mobile phone number, email address, and user name) have gone through de-identification, they might be transmitted to or accessed from a country/region outside of the jurisdiction of the location where you use the products or services.
3.Data protection laws in such jurisdictions might be different or even absent. Under such circumstances, we will ensure that your personal data receive adequate protection. For instance, we will ask you for your consent for cross-border transmission of your personal data, or implement security measures such as encryption, de-identification before transferring data across borders. We endeavor to apply the "Standard Contract Clauses" when transmitting collected personal data between the European Economic Area and China.
The followings are specific privacy practices for certain Vilykke products and services that you may use.
1.Account Registration Services
You can use your Vilykke ID to enjoy Vilykke’s services. We may collect the following information you provided to create your ID: your date of birth, mobile phone number, email address, emergency contact person and their contact information, username created, and password you submit when you login to your account.
We are authorized to use the above information you provide during your use of this service. If you log out of your account from all ends, you can close your account via the Email: firstname.lastname@example.org. After the account is closed, we will stop providing you with products or services, and we will delete your personal data according to your requests, unless otherwise specified by laws and regulations.
The above information will be stored within EU territory. However, in order to facilitate your normal use of the account service worldwide, we will transfer your account information outside the territory of the European Union. We will ensure that your personal data receives adequate protection during the process of the transfer. For specific protection measures, please refer to Part X on How Your Personal Data Is Transferred Globally.
B. GDPR-Specific Provisions
I.Legal Bases for the Processing of Personal Data
Our processing of your personal data as described in the Section "How We Use Your Personal Data" is based on the following legal grounds:
1. Consent: We may process your personal data with your consent. In particular, we may ask for your consent to participate in promotional activities, such as to send you promotional messages or enable you to participate in the User Experience Program and certain Services, including services through which we collect location information. You have the right not to provide consent, or to withdraw it at any time. The withdrawal of your consent does not affect the lawfulness of our use of your personal data before your withdrawal. If you have granted us consent to use your personal data, we will use it only for the purposes specified in the consent declaration. Please note that to the extent our processing is based on your consent and you deny your consent or withdraw it, we may not be able to provide the service relating thereto. Besides from that, neither the initial denial nor a withdrawal will have any negative consequences for you.
2. Perform or enter into a contract with you:
We rely on this legal basis in particular in the following cases:
• to provide you with Vilykke's Services, process your orders or fulfil the contract between you and Vilykke;
• to activate Services you have purchased, specific software licenses and provide notifications for software updates;
• to allow and manage your participation in prize draws, contests or similar promotional activities held by us; and
• to diagnose product issues and provide other customer care and support Services.
3. Compliance with a legal obligation: Vilykke may be obliged to process personal data to comply with our legal obligations, for example where Vilykke is required to retain data for tax law or commercial purposes.
4. Legitimate interests: The processing of your personal data may also be necessary for Vilykke's legitimate interests. In particular, such cases may include the following:
• to conduct customer surveys to enhance your user experience;
• to analyse the customer market on the basis of the country where you use our Services, including the number of users for product marketing and promotion;
• to analyse the efficiency of our business operations;
• to analyse error logs to improve app functions;
• to provide you with personalised Services and to recommend and display content and advertisements tailored to you through our Services;
• to communicate with you and reply to your questions or comments submitted to us by any means;
• to ensure the functionality and safety of our Services;
• to verify your identity;
• to conduct internal auditing and to prevent and investigate fraud, cybersecurity threats or other improper use;
• to enhance and develop our Services, including relevant security features, so as to improve the product usage experience, user-friendliness, operational performance, functions and design;
• to pursue or defend against legal claims.
Your personal data will only be processed on the above grounds after we have appropriately assessed and balanced our interests against your right to privacy.
II.Additional Information on How Your Personal Data Is Transferred Globally
In case your personal data is transferred to jurisdictions located outside of Europe, we will ensure that appropriate safeguards exist and are applied, such as:
the recipient of the personal data is located within a country that benefits from an "adequacy" decision of the European Commission;
the recipient has signed a contract based on "model contractual clauses" approved by the European Commission, obliging them to protect your personal data;
or in the absence of the above appropriate safeguards, we will ask you for your explicit consent for the cross-border transfer of your personal data or take any other measures that are recognised as providing a sufficient level of protection for your personal data.
For more information about the safeguards relating to personal data transfers outside of Europe, please submit your request via Email: email@example.com.
III.Additional Information on Cookies and Other Tracking Technology
IV.Additional Information on Your Rights Regarding Personal Data
Subject to the legal requirements under the GDPR, you have the following rights:
• The right to access: You may request access to the personal data we hold about you.
• The right to rectification: If you find that the personal data we process about you is inaccurate or incomplete, you are entitled to ask us to make rectifications without undue delay and to request the completion of your personal data where appropriate.
• The right to erasure: You can submit a request to us to delete personal data, and we shall have the obligation to erase it without undue delay in some circumstances – for example, if we do not have a legal reason to continue to process the personal data to the extent required by applicable laws and regulations. Please note in so far as you delete all the data that is contained in your device, this does not mean that you have deleted all data that Vilykke collects and processes about you. Therefore, we encourage you to contact us (please refer to the section "Contact Us" above) to request that your personal data is deleted.
• The right to restriction of processing: You have the right, in certain circumstances, to request Vilykke to temporarily restrict the processing of your personal data, such as where the accuracy of that personal data is contested by you, while we verify the accuracy of that personal data. We will keep just enough data, or process such data as is necessary to ensure that we comply with your restriction request in the future.
• THE RIGHT TO OBJECT: You have the right to object to any processing justified by legitimate interests based on grounds relating to your particular situation at any time. Should you decide to object to the processing of your personal data, we will stop processing personal data that concerns you, unless we can demonstrate compelling reasons for continuing to process your personal data that override your interests, rights and freedoms, or in the case that we establish, exercise or defend our legal claims. You can object to direct marketing activities at any time for any reason whatsoever.
• The right to data portability: You have the right to obtain a copy of your personal data in a structured, commonly-used and machine-readable format and transmit such data to another provider or have such data transmitted to another provider under certain circumstances.
• The right to withdraw consent: If you have given us your consent to process your personal data but change your mind later, you have the right to withdraw your consent at any time. The withdrawal of your consent does not affect the lawfulness of our use of your personal data before your withdrawal. If you want to withdraw your consent with regard to receiving promotional communications, you can unsubscribe through the method described in each promotional message. If you withdraw your consent, we may no longer be able to provide you with the corresponding Service.
• The right to lodge a complaint: You have the right to lodge a complaint with a competent supervisory authority about the way we handle or process your personal data, or file a lawsuit in a court with jurisdiction. Information about how to contact your local data protection supervisory authority is available here.
V.Contact Details of the Data Protection Officer
You can contact our data protection officer via the Email: firstname.lastname@example.org.