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.          BACKGROUND

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.

2.          THE PRODUCTS AND SERVICES WE PROVIDE

2.1     This Privacy Policy concerns the following information that we collect about you when providing products and services as part of the App:

(A)      Information we receive through our products (NovaStar Products), including the App; and

(B)      Information we receive through our internet-based services relating to the NovaStar Products (NovaStar Services).

3.          THE TYPES OF PERSONAL DATA WE COLLECT

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 Productssuch 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.          HOW WE USE YOUR INFORMATION

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.          DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES

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.          INTERNATIONAL TRANSFERS OF PERSONAL DATA

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.          HOW WE SAFEGUARD YOUR INFORMATION

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.          HOW LONG WE KEEP YOUR PERSONAL DATA

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.          YOUR RIGHTS

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.     CONTACT

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.