Privacy Policy
This Privacy Policy
explains how we use the personal information that Xi'an NovaStar Tech Co., Ltd. collects or generates in relation to the
ViPlexHandy 4.4 App.
The list below sets
out what is covered in this Privacy Policy and you can click on the headings
below to go to a specific section.
1. BACKGROUND
2. THE
PRODUCTS AND SERVICES WE PROVIDE
3. THE
TYPES OF PERSONAL DATA WE COLLECT
4. HOW WE USE YOUR INFORMATION
5. DISCLOSURE OF YOUR INFORMATION TO
THIRD PARTIES
6. INTERNATIONAL TRANSFERS OF PERSONAL DATA
7. HOW WE SAFEGUARD YOUR INFORMATION
8.
HOW LONG WE KEEP YOUR PERSONAL DATA
9.
YOUR RIGHTS
10.
CONTACT
1.1
Xi'an NovaStar Tech Co., Ltd (NovaStar) with its registered
office at DEF101, 01 Square, No 72, Technology No. 2 Road, Xi’an, China and with
unified social credit number 91610131673262558K, and other companies in the NovaStar group collect and use certain Personal
Data. NovaStar is responsible for
ensuring that it uses that Personal Data in compliance with data protection
laws, including (but not limited to) the Chinese Cyber Security Law, the
General Data Protection Regulation (EU) 2016/679 and any other national,
implementing or supplementing data protection legislation.
1.2
At NovaStar we respect the privacy of our clients and we
are committed to keeping all your Personal Data secure. This Privacy Policy governs the handling of Personal Data by NovaStar in the course of carrying on commercial activities.
1.3
We use the following definitions in this Privacy Policy:
|
App |
means the mobile application known as the “ViPlexHandy4.4 App” consisting of the NovaStar software, and
which is available for download from selected app stores. |
|
NovaStar, we or us |
means Xi'an
NovaStar Tech Co., Ltd and its affiliates. |
|
Personal Data |
means any data which relates to a living
individual who can be identified from that data or from that data and other
information which is in the possession of, or is likely to come into the
possession of, NovaStar (or its representatives or service providers). In
addition to factual information, it includes any expression of opinion about
an individual and any indication of the intentions of NovaStar or any other
person in respect of an individual. If
the definition of “personal data” under local law includes other data in
addition to the aforesaid, this definition also includes such additional
scope of data. |
|
Privacy Policy |
means this Privacy Policy. |
3.1
Many
of the services, features and functionalities offered by NovaStar and the App
require us to obtain Personal Data about you in order to perform the services,
features and functionalities. Users may
be unable to access or use all of these services, features and functionalities
of the App if such Personal Data are not provided. In relation to each of the services described
at paragraph 2.1 above, we will collect and process the following Personal Data
about you.
(A) Information that you provide to NovaStar.
This includes information about you that you provide to us.
(1)
Information about the account
and password you registered for using this APP including the email address or
phone number for verification during registration;
(2) Information about the account including username, email address or phone
number and initial password you used when you login in to this APP;
(3) information about your email address or your
mobile phone number you submit to us for feedback on App usage problems.
(B)
Information
that we collect or generate about you. This includes
(by way of non-exhaustive list):
(1) information about
how you use the App and NovaStar Products (for example, the date and time you
use the App, how long for, number of times you click);
(2) information
collected from or about the mobile device on which the App is used, such as the
mobile phone IMEI code, phone brand, phone model,
phone resolution ;
(3) your user location
information; and
(4) information about
your preferences and settings, such as default mobile device language settings, the information about your click on APP’s main interface.
(5) information about the filename and file size of your photos, videos and
messages uploaded when you use the App;
(6) information about the content of photos,
videos and messages uploaded when you use the App;
(7) information about the Internet
Protocol Address when you install and use the App.
(8) information about the running log of the App you install and use；
(9) information about NovaStar Products，such as serial
number, product version, region, operating system version, product model,
product warranty, device IP, product configuration file
(C)
Information
we obtain from other sources. This includes the Personal Data provided to
us by third-party service providers, agencies or other publicly available
sources where applicable.
(D)
Anonymised
data. In addition to the categories of Personal
Data described above, NovaStar will also process further anonymised information
and data that is not processed by reference to a specific individual.
4.1
Your Personal Data may be stored and processed by us in the following
ways and for the following purposes:
(A) for ongoing review
and improvement of the information provided on the App and other NovaStar
Products to ensure they are user friendly, safe from any potential disruptions
or cyber attacks and optimised to improve your user experience of our App,
NovaStar Products and our related services and develop new NovaStar Products;
(B) to allow you to use
and access the functionality provided by the App and other NovaStar Products;
(C) to set up customers
to use Products and profiles;
(D) to understand
feedback on NovaStar Products and to help provide more information on the use
of those products and services quickly and easily;
(E) to understand your
needs and interests so as to better our services; or
(F) in order to comply
with and in order to assess compliance with applicable laws, rules and
regulations, and internal policies and procedures;
(G) to contact with you
to solve the problems you may encounter while using the app and/or led screen ;
(H) to send marketing
messages and deliver marketing after obtaining your prior explicit consent.
4.2 We make
sure that our usage of the Personal Data we collect from you complies with the
applicable law. The applicable law
allows us and requires us to use Personal Data for a variety of reasons. These include without limitation:
(A) we need to do so in
order to perform our contractual obligations with our customers and third-party
providers so that we can provide you with products and services and to manage
your account with us;
(B) we have obtained
your consent;
(C) we have legal and
regulatory obligations that we have to discharge;
(D) we may need to do
so in order to establish, exercise or defend our legal rights or for the
purpose of legal proceedings; and
(E) the use of your
Personal Data as described is necessary for our legitimate business interests,
such as:
(1) allowing us to
effectively and efficiently manage and administer the operation of our
business;
(2) maintaining
compliance with internal policies and procedures;
(3) monitoring the use
of our copyrighted materials;
(4) enabling quick and
easy access to information on NovaStar Products; and
(5) offering optimal,
up-to-date security for NovaStar Products.
4.3 We will
take steps to ensure that the Personal Data is accessed only by employees of
NovaStar that have a need to do so for the purposes described in this Privacy
Policy.
4.4 We do not
look at the content of your videos, photos that are stored in the App cache.
5.1 We may
share your Personal Data within the NovaStar group of companies for the
purposes described above. We will take
steps to ensure that access to Personal Data is restricted to NovaStar
employees who have a legitimate interest in the purposes described in this Privacy
Policy.
5.2 We may
also share your Personal Data outside of the NovaStar group for the following
purposes:
(A)
with third party agents and contractors for the purposes of
providing services to us (for example, NovaStar’s accountants,
professional advisors, IT and communications providers and debt
collectors). These third parties will be
subject to appropriate data protection obligations and they will only use your Personal Data as
described in this Privacy Policy;
(B)
to the extent required by law, for example if we are under a duty
to disclose your Personal Data in order to comply with any legal obligation
(including, without limitation, in order to comply with tax reporting
requirements and disclosures to regulators), or to establish, exercise or
defend its legal rights;
(C)
if we sell our business or assets, in which case we may need to
disclose your Personal Data to the prospective buyer for due diligence purposes; and
(D)
if we are acquired by a third party, in which case the Personal Data
held by us about you will be disclosed to the third party buyer.
6.1 NovaStar is a
multi-national business. Our customers,
our operations and users of our App and NovaStar Products are spread around the
world. As a result we collect and
transfer Personal Data on a global basis.
That means that we may transfer and retain your Personal
Data to locations outside of your
country.
6.2
Where we transfer your Personal Data from within the European Economic
Area (EEA) to another country outside the EEA and United Kingdom (UK), we will ensure that it is protected and
transferred in a manner consistent with legal requirements. In relation to data being transferred from
within EEA to outside the EEA
and United Kingdom (UK), for example, this may be done in one of the following ways:
(A)
the
country that we send the data to might be approved by the European Commission
as offering an adequate level of protection for Personal Data;
(B)
the
recipient might have signed up to a contract based on “model contractual
clauses” approved by the European Commission, obliging them to protect your
Personal Data;
(C)
the
recipient may have adhered to binding corporate rules (only for intragroup
transfers);
(D)
in
other circumstances the applicable law may permit us to otherwise transfer your
Personal Data outside Europe.
The personal data that we collect from you
may also be otherwise transferred to, and stored at, destinations outside the
EEA or UK. It may also be processed by individuals operating outside of the EEA
and UK who work for our affiliates or for one of our suppliers.
In all cases, however, we will ensure that
any transfer of your personal data is compliant with the applicable data
protection law.
6.3
You can obtain more details of the protection given to your Personal
Data when it is transferred outside the jurisdiction where you reside by
contacting us as described in Section 10 below.
7.1
We have extensive controls in place to maintain
the security of our information and information systems. Client files are protected with safeguards
according to the sensitivity of the relevant information. Appropriate controls (such as restricted
access) are placed on our computer systems.
Physical access to areas where Personal Data is gathered, processed or
stored is limited to authorised employees.
7.2
As a condition of employment, NovaStar employees are required to follow
all applicable laws and regulations, including in relation to data protection
law. Access to sensitive Personal Data
is limited to those employees who need it to perform their roles. Unauthorised
use or disclosure of confidential client information by a NovaStar employee is
prohibited and may result in disciplinary measures.
7.3
When you contact a NovaStar employee about your file, you may be asked for
some Personal Data. This type of safeguard is designed to ensure
that only you, or someone authorised by you, has access to your file.
8.1
How long we will hold your Personal Data for will vary and will be
determined by the following cumulative criteria:
(A)
the
purpose for which we are using it – NovaStar will need to keep your Personal
Data for the period which is necessary for that purpose; and
(B)
legal
obligations – laws or regulation may set a minimum period for which NovaStar
has to keep your Personal Data.
9.1
Where the applicable law requires so, in the cases where we collect, use or store
your Personal Data, you may have the following rights, and, in most cases, you can exercise them
free of charge. These rights include:
(A)
the
right to obtain information regarding the processing of your Personal Data and
access to the Personal Data which we hold about you;
(B)
the
right to withdraw your consent to the processing of your Personal Data at any
time. Please note, however, that we may
still be entitled to process your Personal Data if we have another legitimate
reason for doing so. For example, we may
need to retain Personal Data to comply with a legal obligation;
(C)
in some circumstances, the right to receive some Personal Data in a structured, commonly used
and machine-readable format and/or request that we transmit those data to a
third party where this is technically feasible.
Please note that this right only applies to Personal Data which you have provided directly to NovaStar;
(D)
the
right to request that we rectify your Personal Data if it is inaccurate or
incomplete;
(E)
the
right to request that we erase your Personal Data in certain circumstances.
Please note that there may be circumstances where you ask us to erase your
Personal Data but we are legally entitled to retain it;
(F)
the
right to object to, or request that we restrict, our processing of your
Personal Data in certain circumstances.
Again, there may be circumstances where you object to, or ask us to
restrict, our processing of your Personal Data but we are legally entitled to
refuse that request; and
(G)
the right to lodge a complaint with the relevant data
protection regulator if you think that any of your rights have been infringed
by us.
9.2
You can exercise your rights by contacting us using the details listed
in Section 10 below.
9.3
Further information about your rights may be
obtained by contacting the supervisory data protection authority located in
your jurisdiction.
10.1For further information regarding the processing of
your Personal Data by NovaStar, this Privacy Policy, questions relating to consent, or
in order to exercise the rights mentioned above, please contact us at privacypolicy@novastar.tech.
10.2 We are usually able to resolve privacy
questions or concerns promptly and effectively.
If you are not satisfied with the response you receive from us, you may
escalate concerns to the applicable privacy regulator in your
jurisdiction.