Preo connect KID PRIVACY NOTICE

Last Updated Date: 2021/10/21

At TCL, we value your trust and confidence. We believe that we earn your trust and confidence when we continually bring you exceptional products and services, and do so in a private and secure manner. We created this Privacy Notice to inform you of our commitment to you.

This Privacy Notice describes how TCL and/or its affiliates and subsidiaries (collectively “TCL”, “we”, “our” or “us”) protect the Personal Information we receive and process, what types of Personal Information we collect about you, what we do with it, how we disclose it, and the rights you have in relation to the processing of Personal Information.

Certain activities may be subject to a separate and tailored Privacy Notice that will apply in addition to this Privacy Notice and which will be brought to your attention prior to that activity taking place.

WHEN DOES THIS PRIVACY NOTICE APPLY?

This Privacy Notice applies to our collection and use of your Personal Information through your access or use of our services, products, applications, software, technologies and any other materials (“Services”) or when you contact us in any manner. By visiting our websites, using our Services, and/or by providing your information, you are accepting and consenting to the practices described in this Privacy Notice and Terms of Use. To find out more, please click on any of the sections below.

· WHAT IS PERSONAL INFORMATION

· PERSONAL INFORMATION WE COLLECT FROM CHILDREN

· PERSONAL INFORMATION WE COLLECT FROM PARENT AND GUARDIAN

· PARENT AND GUARDIAN CONSENT

· PARENT AND GUARDIAN RIGHTS

· DISCLOSURE OF CHILDREN’S PERSONAL INFORMATION

· RETENTION OF PERSONAL INFORMATION

· HOW WE USE YOUR PERSONAL INFORMATION

· WHEN WE SHARE PERSONAL INFORMATION

· THIRD-PARTY LINKS, SERVICES AND PRODUCTS

· INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

· SECURITY OF YOUR PERSONAL INFORMATION

· PUBLIC POSTING AREAS

· DATA PROTECTION RIGHTS

· HOW WE RESPOND TO DO NOT TRACK SIGNALS

· CHANGES TO THE PRIVACY NOTICE

· CONTACTING US

WHAT IS PERSONAL INFORMATION

“Personal Information” means: (i) any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household based in California, United States; and (ii) any information relating to an identified or identifiable natural person (the “data subject”) based in the European Economic Area (“EEA”), the UK or other regions of the world.

This includes information that you directly provide us by filling in forms, entering information on our Services, creating user accounts, or by communicating with us. This also includes information about you that we passively obtain and / or generate from your use of our Services. Lastly, the list also includes information about you that we receive from other sources, detailed below.

Personal Information does not include aggregate or anonymous / deidentified information.

PERSONAL INFORMATION WE COLLECT FROM CHILDREN

We are committed to protecting the privacy of children who use our Services. This Privacy Notice also applies to children’s Personal Information we collect from our Services and, for the purposes of this Privacy Notice, we consider a “child” to be any user who is of the age 16 or younger. We require parent or guardian consent for children’s use of our Services, as required by applicable law. We do not require children to disclose more information than is reasonably necessary to participate in our Services.

The following Personal Information is collected from children when they use our Services. We do not allow children to make their Personal information publicly available.

· Identifiers, which may include name, address, online identifier or username, Internet Protocol address, persistent identifiers, email address, telephone number, or account name. These are sourced directly or indirectly (e.g., from observing the child’s actions on the Services). They are used to fulfill or meet the reason the child provided the information, to contact the child in relation to our Services, to respond to an inquiry, for product and service improvement, or to process an order. We disclose this information for business purposes to companies within our group of companies.

· Characteristics of protected classifications, such as gender, age, or nationality. We source this information directly from the child. We use this information to fulfill or meet the reason the child provided the information, or to provide relevant Services. We do not disclose this information to third parties.

· Physical Characteristics, which may include height and weight. We source this information directly from the child. We use this information to personalize the Services content, or to provide relevant Services. We do not disclose this information with third parties.

· Internet or other similar network activity, which may include usage, including information such as exercise information (e.g. exercise time and distance, calories, steps) and sleep history (e.g. sleep time and awake time) tracked using the Services, application and error logs, error codes, and error descriptions, and other information provided relating to faults or defect experienced with use of our Services. We source this information directly or indirectly (e.g., from observing actions on our Services). We use this information to fulfill or meet the reason the child provided the information, or to improve our Services. We disclose this information for business purposes to companies within our group of companies.

· Geolocation data, which may include physical location or movements. We source this information directly when geolocation tracking is approved on settings. We use this information to fulfill or meet the reason you provided the information (e.g., to help parents track the locations of their children), to contact the child in relation to our Services. We disclose this information for business purposes to companies within our group of companies.

· Inferences drawn from other Personal Information, which may include a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. We source this information indirectly (e.g., from observing actions on our Services). We use this information to fulfill or meet the reason the child provided the information. We disclose this information for business purposes to companies within our group of companies.

Please note that if you do not provide certain Personal Information, we may not be able to accomplish some purposes outlined in this Privacy Notice and you may not be able to use or access certain Services that require the use of such Personal Information.

PERSONAL INFORMATION WE COLLECT FROM PARENT AND GUARDIAN

The following Personal Information is collected from parents and guardians when they use our Services.

· Identifiers, which may include name, address, online identifier or username, Internet Protocol address, persistent identifiers, email address, telephone number, or account name. These are sourced directly or indirectly (e.g., from observing the parent/guardian’s actions on the Services), or from third party service providers, such as social media platforms. They are used to fulfill or meet the reason the parent/guardian provided the information, for users to log in with a third-party account, to contact the parent/guardian in relation to our Services, to respond to an inquiry, for product and service improvement, or to process an order. We disclose this information for business purposes to companies within our group of companies.

· Commercial information, which may include records of Services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. We source this information directly from the parent/guardian. We use this information to fulfill or meet the reason you provided the information, to contact the parent/guardian in relation to our Services, and to respond to an inquiry or process an order. We disclose this information for business purposes to companies within our group of companies.

· Internet or other similar network activity, which may include usage and browsing history; search history; information on interaction with a website, application, or advertisement; and error logs, error codes, and error descriptions, and other information provided relating to faults or defect experienced with use of our Services. We source this information directly or indirectly (e.g., from observing actions on our Services). We use this information to fulfill or meet the reason the parent/guardian provided the information, or to improve our Services. We disclose this information for business purposes to companies within our group of companies.

· Geolocation data, which may include physical location or movements. We source this information directly when geolocation tracking is approved on settings. We use this information to fulfill or meet the reason you provided the information. We disclose this information for business purposes to companies within our group of companies. You may disapprove our collection and processing of your geolocation data at any time by configuring settings at your device.

PARENT AND GUARDIAN CONSENT

Consistent with the requirements of the U.S. Children’s Online Privacy Protection Act (“COPPA”) and to ensure that we act in accordance with other applicable laws, on any child-targeted site or application, or in any instance where we ask for age and determine the user is age 16 or under, we will ask for a parent or guardian email address before we collect any Personal Information from the child. If you believe your child is participating in an activity that collects Personal Information and you or another parent/guardian have NOT received an email providing notice or seeking your consent, please contact us through the ways provided in the Contacting Us section at the end of this Privacy Notice. We will not use parent emails provided for parental consent purposes to market to the parent, unless the parent has opted in or has separately participated in an activity that allows for such email contact.

PARENT AND GUARDIAN RIGHTS

Parents or guardians are entitled to exercise any rights that their child may have in relation to their Personal Information. For example, at any time, parents or guardians may review their child’s Personal Information, direct us to delete their child’s Personal Information, and may refuse to allow any further collection or use of the child’s Personal Information (in all cases subject to the requirements and restrictions set out in applicable law). Please keep in mind that a request to delete records may lead to a termination of Services. Parents and guardians may also agree to the collection and use of their child’s Personal Information, but still not allow disclosure to third parties unless it’s part of the requested service. To exercise these rights, Parents/Guardians can click “More” and choose “unpair with watch”. Parents/Guardians can also contact us through the Contacting Us section at the end of the Privacy Notice to exercise their rights. All valid requests will be accommodated within a reasonable time. To protect children’s privacy and security, we will take reasonable steps to help verify a parent’s identity before granting access to any Personal Information.

DISCLOSURE OF CHILDREN’S PERSONAL INFORMATION

We may share or disclose Personal Information collected from children only in a limited number of instances. We will not disclose the Personal Information collected from children to third parties unless one of the following applies:

· We may share Personal Information with our service providers if necessary for them to perform a business, professional, administrative, or technology support function for us.

· We may provide the Personal Information in case of sale of our business or assets or merger with another company, and we may disclose Personal Information to the prospective buyer for due diligence purposes and on completion of the assignment, sale, or merger.

· We may disclose Personal Information if permitted or required by law, for example, in response to a court order or a subpoena. To the extent permitted by applicable law, we also may disclose Personal Information collected from children (i) in response to a law enforcement or public agency’s (including children services) request; (ii) if we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our Services; (iii) to protect the security or integrity of our Services and other technology, as well as the technology of our service providers; or (iv) enable us to take precautions against liability.

RETENTION OF PERSONAL INFORMATION

TCL retains your Personal Information only for as long as necessary and it will be deleted after a reasonable time according to the following criteria:

· TCL retains your Personal Information as long as it has an ongoing relationship with you;

· TCL retains your Personal Information as long as it needs to comply with a legal obligation to which it is subject; and

· TCL retains your Personal Information where it is advisable to safeguard or improve TCL’s legal position (e.g. in relation to litigation, regulatory investigations).

HOW WE USE YOUR PERSONAL INFORMATION

Your Personal Information may be collected, stored, processed or otherwise used by us in the following ways and for the following purposes:

· to manage our products and Services, and your use of our Services;

· to provide software updates, maintenance services, and support for Services;

· to help you manage your account;

· to authenticate users’ identities;

· to provide customer support;

· to obtain parental or guardian consent where legally required;

· to allow you to download and purchase our products and Services;

· to process payments transactions or orders for Services;

· to contact you in relation to Services, for example, in the event that any Services have changed or present issues;

· to conduct ordinary business operations and for associated administrative purposes;

to protect against and prevent fraud, and other legal or information security risks;

· to respond to any complaints or questions that you may raise in connection with Services, and to defend and exercise legal rights;

· to administer contests, promotions, events, market research, survey in relation to Services;

· to facilitate internal purposes such as auditing, data analysis, and research to improve our products, Services, user experience and customer communications;

· to comply with all applicable laws, regulations, directives and court decisions; and

· to send you information about Services and help to make that information more relevant to you.

We may need your consent for certain marketing activities. We offer you various ways to opt-out of receiving certain communications from us. If you would like to opt-out of receiving email marketing communications from us you may click the “Unsubscribe” link found at the bottom of the email and follow the instructions.

We do not sell or otherwise disclose Personal Information you have provided to us, except as described in this Privacy Notice, as disclosed to you at the time of the data collection, or as described in any specific Privacy Notice, as applicable. We will not disclose your Personal Information to third parties, unless such disclosure will be necessary with reference to the legal purpose of the processing, as better described in the following section “When We Share Personal Information”.

We are allowed to process your Personal Information for the purposes set out in this Privacy Notice because one or more of the following applies:

· the processing of your Personal Information is necessary to perform a contract with you and to provide you with Services;

· it is required for compliance with a legal obligation to which we are subject;

· it is necessary for us to establish, exercise or defend legal rights or for the purpose of legal proceedings;

· we have legitimate interest in collecting and processing your Personal Information, for example, with reference to the following:

o conducting market research in relation to our Services, where legally permissible;

o improving the Services that we provide;

o making our communications or the content that we provide more relevant to you;

o minimizing risks, for example, in relation to credit or fraud;

o developing our training process and systems; and

· you have given your prior consent to certain types of processing.

Please note that we will only collect your special category personal data (i.e. health or biometric information) where you have first provided your explicit consent for us to do so.

WHEN WE SHARE PERSONAL INFORMATION

We may disclose your Personal Information with our affiliates and subsidiaries in one or more of the circumstances described below:

to help us provide you with Services;
where we market Services provided by our affiliates or subsidiaries to you (subject to any necessary consents being in place); and
when it is necessary for one of the purposes for which TCL lawfully processes your Personal Information under this Privacy Notice.

We may also share your Personal Information with third-parties in order to serve you better in certain situations including the following:

· in case of sale of any TCL’s business or assets or merger with another company, we may disclose your Personal Information to the prospective buyer for due diligence purposes and on completion of the assignment, sale, or merger;

· when you provide your consent to disclose your Personal Information to specific and identified third party or category of third parties;

· to third-party agents or contractors (for example, the providers of our electronic data storage services) that we hire to support us in providing our Services to you. We will ensure that such third-parties will be processing your Personal Information in compliance with the provisions set out in this Privacy Notice and under a confidentiality duty;

· to the extent required by law, if we are under a duty to disclose your Personal Information in order to comply with any legal obligation or to establish, exercise or defend our legal rights;

· to other third parties for the purpose of detecting, preventing, or otherwise addressing fraud, security or technical issues, protecting against harm to the rights, property or safety of our users or the public;

· to professional service providers such as our auditors.

THIRD-PARTY LINKS, SERVICES, AND PRODUCTS

Please note that when you access the content provided by a third party on TCL’s products, such third party may collect or receive information about the Services and any requested transaction by you (e.g. your request to access such content). Our website and Services may also contain links to third-party sites. We are not responsible for the privacy practices or content of third-party sites, services, and products and this Privacy Notice does not apply to them. If you have any questions about how these third parties use your Personal Information, please review their policies and contact them directly.

INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

Your use of our Services may involve the transfer, storage and processing of your Personal Information within and outside of your country of residence, consistent with this Privacy Notice. The data protection laws of countries to which your Personal Information may be transferred might not guarantee the same level of protection as your country does.

Transfer of Personal Information relating to individuals in the European Economic Area (EEA), Switzerland and UK to outside of the EEA / UK

When we transfer your Personal Information from within the EEA or UK to outside the EEA or UK, we will ensure that it is protected in a manner that is consistent with how your Personal Information will be protected by us in the EEA and an adequate level of protection will be ensured, through one of the following mechanisms:

· the third country where we transfer your Personal Information has been recognized as capable to ensure an adequate level of protection by a decision of the European Commission;

· the importer and the exporter have signed the “standard contractual clauses” approved by the European Commission, establishing obligations to safeguard the Personal Information in accordance with EU standards; or

· In absence of an adequate level of protection, controller and processor provide adequate safeguards and enforceable data subjects rights and effective legal remedies for data subjects are available.

You may request additional details about how your Personal Information is protected by us in case of transfer outside EEA or UK (including a copy of the Standard contractual clauses entered into with importers in the third country) by contacting us as described in the “Contacting Us” section below.

SECURITY OF YOUR PERSONAL INFORMATION

We have adopted organizational, physical and technical security measures that are in line with the industry standards to protect the Personal Information you provide, and to prevent any unauthorized access, disclosure, use, modification, damage or loss of data. Please understand, however, that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any Personal Information you transmit to us and you understand that any Personal Information that you transfer to us is done at your own risk. If we learn of a security system breach, we will act in a timely fashion in accordance with any applicable law. We may attempt to notify you electronically regarding security, privacy, and administrative issues relating to your use of our Services. We may post a notice on the Services if a security breach occurs. We may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive written notice of a data privacy or security breach.

PUBLIC POSTING AREAS

Please note that any information you include in a message you post to any chat room, forum or other public posting area is available to anyone. If you do not want people to know your email address, for example, do not include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

DATA PROTECTION RIGHTS

Data protection laws in your jurisdiction may give you a number of legal rights in relation to the Personal Information that we hold about you. Not all data protection laws are the same so not all of these rights apply in all places. Also, some of these rights are subject to qualifications and limitations and exercising these rights may impact the Services and products that we provide to you. However, we recognize that your Personal Information belongs to you only and that enables you to control how we use it.

Your rights may include:

· the right to request access to the Personal Information that we process about you, including the right to obtain information on and copy of such data;

· the right to withdraw your consent to our processing of your Personal Information at any time. Please note, however, that we may still be entitled to process your Personal Information if we have another legitimate reason (other than consent) for doing so;

· in some circumstances, the right to receive some Personal Information 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 Information which you have provided to us;

· the right to request that we rectify your Personal Information if it is inaccurate or incomplete;

· the right to request that we erase your Personal Information in certain circumstances. Please note that there may be circumstances where you ask us to erase your Personal Information, but we are legally entitled to retain it;

· the right to object to, and the right to request that we restrict, our processing of your Personal Information in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your Personal Information but we are legally entitled to continue processing your Personal Information and / or to refuse that request; and

· the right to lodge a complaint with the Supervisory Authority (details of which are provided below) if you think that any of your rights have been infringed by us.

You can exercise your rights by contacting us using the details set out in the “Contacting Us” section below. We may need to confirm your identity before completing your request, and, for example, may ask for you to confirm data points we already have about you. We will only use Personal Information provided in a verifiable request to verify the requestor’s identity or authority to make the request.

You can find out more information about your rights or lodge a complaint with the relevant supervisory authority if you consider that our processing of your Personal Information breaches any applicable law. Contact details for all European Union supervisory authorities can be found here: https://edpb.europa.eu/about-edpb/board/members_en.

Your California Privacy Rights

California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us using the contact information provided below and put “Shine the Light” in the subject line of your request.

In addition to the above mentioned rights, from January 1, 2020, you may be entitled to the below rights:

· the right to know. You may request information about the categories and specific pieces of Personal Information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the sale or disclosure for business purposes of your Personal Information to third parties, and the categories of third parties with whom this information was shared. You may also request a copy of the Personal Information we have collected, and upon request, we will provide this information to you in electronic form;

· the right to opt out of the sale of your Personal Information to third parties. We do not sell your Personal Information at this time, and we do not sell the Personal Information of children under 16 years old;

· the right to request deletion of your Personal Information, subject to certain legal exceptions; and

· the right to not be discriminated against for exercising any of the rights mentioned above.

You can exercise your rights by contacting us using the details set out in the “Contacting Us” section below. Whenever feasible for verification, we will match the identifying information provided by you to the Personal Information already maintained by us. If, however, we cannot verify your identity from the information already maintained by us, we may request additional information. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State and must have permission to submit requests on your behalf. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.

HOW WE RESPOND TO DO NOT TRACK SIGNALS

The “Do Not Track” (“DNT”) privacy preference is an option that may be made in some web browsers allowing you to opt-out of tracking by websites and online services. At this time, global standard DNT technology is not yet finalized and not all browsers support DNT. We therefore do not recognize DNT signals and do not respond to them.

CHANGES TO THE PRIVACY NOTICE

We reserve the right to change or amend our Privacy Notice from time to time to address new issues of privacy and information security and to reflect changes to our Services or business practices. Any new change and/or amendments will be noted on this page. We will also update the Last Updated date above. If we make material changes to our Privacy Notice, we will notify you by prominently posting the changes on our Services or by using the contact information you have on file with us. By continuing to use our Services you are agreeing to be bound by any changes or revisions made to this Privacy Notice.

CONTACTING US

If you would like further information on the collection, use, disclosure, transfer or processing of your Personal Data or the exercise of any of the rights listed above, please contact us through the specific channels indicated below.

For residents in EEA, our representative in the European Union is TCT Mobile Europe, which has its offices at Le Capitole, 55 rue des Champs-Pierreux, 92000 Nanterre, France. Please contact us by privacy_dpo@tcl.com.

For residents in UK, our representative in the United Kingdom is TCT Mobile UK Limited, which has its offices at 10 Finsbury Square, London EC2A 1AF, England. Please contact us by privacy_dpo@tcl.com.

For users in India, our Grievance Officer in India is Mr. Sudhansu Sahu and can be reached at privacyqueryindia@tcl.com.

For users in the United States, TCL subsidiary is TCT Mobile (US) Inc. whose related addresses and contacts is indicated below:

TCT Mobile, Inc.

25 Edelman, suite 200

Irvine, CA 92618

For users in Brazil, TCL’s subsidiary is Semp TCL Mobilidade Ltda. (Tax Payer Number 08.649.664/0001-98, whose address and related contact is indicated below:

Semp TCL Mobilidade Ltda

Avenida Arnaldo Rojek, nº 01, Rua 5, Galpão H - parte 1, Altos de Jordanésia, Cajamar/SP - CEP 07.786-900

For users in China and other regions of the world, the data controller is TCL Communication Technology Holdings Limited, with its address at 10F Building F4, TCL Communication Technology Building, International E-City, No. 1001 Zhongshanyuan Road, Xili Street, Nanshan District, Shenzhen City, Guangdong Province, China.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.