My Chihiros Privacy Policy
Welcome to MyChihiros,a mobile application (the “App“) that assists you in operating Chihirosaquatic studio’s various smart devices (“Devices”) installed in youraquarium (“Aquarium”) and in monitoring the status of your Aquarium.
We, Shanghai Ogino Biological Technology Co.,Ltd. and our affiliates (the “Company”, “we”, “us”, “our”),respect your privacy.
This Privacy Policy (the “Policy”)explains our privacy practices for the App. It describes how we collectpersonal information, use it and share it, and the rights and options availableto you with respect to your information.
It is your decision to provide us with yourpersonal information. You are not legally obligated to provide us with thisinformation, but we need it in order to provide you with the App’sfunctionality.
This policy is combined into our Terms of Usecan be found at: http://www.chihiros.cn/en/newsd/c5/id93.html (the “Terms”) and is a part of them.
In short…
The following key points of the PrivacyPolicy are only brought for your convenience. They are not a substitute for thefull Policy.
- Personal data we collect. We collect information that you actively provide us in the registration process and when contacting us, and we also collect information about the mobile device from which you access the App. We also collect and use other information such as statistical information about your use of the App and other information with respect to your Aquarium and Devices, which we use, inter alia, to provide you information, notifications and warnings through the App.
- Using the information we collect. We use the information we collect to operate the App and provide you with support and feedback in response to inquiries you make. We also use the information we collect to continue to improve the App and the services provided thereby.
- Promotional Communications. We may send you email communications concerning our products (including Devices we think might interest you) and services. You may ‘opt-out’ of using your data for promotional communications at any time by sending an email to chihiros@chihiros.cn.
- Sharing the information we collect. We may share your information with third parties such as our contractors and service providers, strictly for the purpose of operating the App and providing services through the App.
- Retention. We retain your personal information for as long as we deem necessary for the purpose it was first obtained.
- Security. We implement measures to reduce the risks of damage and unauthorized access or use of your information, but these measures, just like any security measure, cannot provide absolute information security.
- Privacy of Children. You must be 18 years of age or older in order to use the App. We do not knowingly or intentionally collect information about children who are under 18 years of age.
- Changes to the Policy. This policy is subject to change. We will seek your consent for material changes. The most updated form of this policy can always be found at: http://www.chihiros.cn/en/newsd/c5/id92.html
PERSONAL DATA WE COLLECT
Information you actively provide us
Registration. Onlyregistered users may use the App. You may register to the App by providing youremail address, password, full name, phone number, country and zip code. You arealso required to provide information about your Aquarium, such as Aquariumtype, Aquarium system, size of the Aquarium (in gallons), type of flora andfauna in the Aquarium, time zone, etc. (“Aquarium Device Information”).Please note that this Aquarium Device Information may reveal and be indicativeof your personal information, including your interests, financial situation andthe contents of your home (collectively, “Registration Information”).
Inquiries. Ifyou contact us for questions or complaints, we will collect the informationrelated to your inquiry. This may include your full name, email address, mobilenumber and other contact information, depending on the nature of your inquiry(“Inquiry Information“).
Information we automatically collect throughyour use of the App
Analytic Information. When you access or use the App, we mayuse third party analytics tools to automatically collect information about youruse of the App. This information includes your session durations, the contentyou accessed on the App, your interactions and user-interface clicks, thefrequency and scope of your use of the App (“Analytical Information“).
Mobile Device Information. We may collect information about yourmobile device, including its model, its operating system, unique deviceidentifiers, mobile network information and the Internet Protocol (IP) address throughwhich you accessed the App (“Mobile Device information”).
Geolocation Information. We collect your geolocation when you usethe App (“Geolocation information”).
All the data and information specified aboveis referred to as the “Information” in this policy.
Children’s Privacy
The App is not intended for children underthe age of 18. We do not knowingly or intentionally collect Information aboutchildren who are under 18 years of age.
If you are under the age of 18 you may notuse the APP in any way.
USING COLLECTED INFORMATION
We use the Information we collect for thefollowing purposes:
· Operatingthe App and providing its features and functionalities;
· Helpingus to enhance and improve Device functionality
· Sendingyou updates and other communications via email or text-message (SMS) related tothe App (e.g. alerting you about Device and or Aquarium possible malfunction,etc.);
· Sendingyou email communications concerning our products, and services and otherrelated information (“Promotional Communications”).
You may ‘opt-out’ or ‘unsubscribe’ in order to disallow our use of your data forPromotional Communications at any time by sending an email to: chihiros@chihiros.cn. By doing so, we will only delete theInformation which is required to contact you for promotional communications,while the rest of your Information which is necessary to provide you with theApp and the services thereunder will continue to be processed.
· Improveand enhance the services and content offered on the App.
· Generatingstatistical and aggregated information about users of the App;
· Providingyou with support, handling complaints and inquiries and contacting you when webelieve it is necessary.
· Enforcingthe Terms and this Policy and preventing misuse of the App.
· Complyingwith any applicable law and assisting law enforcement agencies and competentauthorities, if we believe it is necessary or justified.
· Takingany action in any case of dispute involving you, with respect or in relation tothe App, the services provided by the App and or Devices.
Sharing information collected
We will not share your Information with thirdparties, except in the events listed below or when you provide your explicitand informed consent:
· Wemay share your Information with third parties such as our contractors andservice providers (such as our hosting providers) strictly for purposes ofoperating the App and providing services through the App.
Such third parties are authorized to use yourInformation only as necessary to provide the above services to us and not fortheir own promotional purposes. We do not sell your Information to thirdparties
· Ifyou have breached the Terms, abused your rights to use the App, or violated anyapplicable law, or we reasonably believe that you have so done, yourinformation may be shared with the competent authorities and with our counsel,if we believe such is necessary or justified;
· Ifwe are required to disclose your Information by a judicial, governmental orregulatory authority;
· Inany case of dispute, or legal proceeding of any kind involving you with respectto the App, the services provided through the App or the Devices.
· Wewill share your Information with our affiliated group of companies which helpus process data for the purposes set out above;
· Inthe event that the App or the services provided through the App are provided bya different entity, due to sale of our shares (or those of our affiliates) orpurchase of the relevant part of our business or other reorganization, we mayshare your Information with the relevant parties.
Retaining collected information
We will retain the Information for as long asrequired by law. Following such period, we may retain your Information for aslong as necessary to fulfil the purposes for which it was collected (asdetailed above), including for the purposes of satisfying any legal,accounting, or reporting requirements. In determining the amount of time tohold your Information, we consider the type and amount of Information collected,and the sensitivity of such Information.
We may also anonymize your Information sothat it can no longer be associated with you, in which case we may use suchInformation without further notice to you and without otherwise being bound bythe terms of this policy.
Transfer of data outside your territory
Your Information will be processed by us andour corporate affiliates in various locations throughout the globe, includingEurope, US, China, Hong Kong and Malaysia. Certain information may be storedexternally via cloud services. We will only transfer your personal informationto a country or company which has been deemed to have an adequate level of dataprotection by the EU commission, or under other adequate safeguards determinedunder the applicable law.
Information Security
We implement measures to reduce the risks ofdamage, loss of information and unauthorized access or use of information.These measures do not provide absolute information security. Therefore, it isnot guaranteed, and you cannot expect that the App will be immune frominformation security risks.
California Residents
The following disclosure is made pursuant toCalifornia Online Privacy Act (CA Civil Code § 22575): When you use our App,other parties, may collect personally identifiable information about youractivities over time and across different websites or online services.
Additional Provisions Applicable toindividuals in the EU
Controller. Shanghai Ogino BiologicalTechnology Co., Ltd. is the data controller for the purposes of the personal data we collectthrough the Service and for the performance of the services offered through theApp.
Legal Basis for Processing Your Data.
· Thelegal basis for collecting the Registration Information, Inquiry Information,Geolocation Information and Aquarium Device Information is its necessity forthe fulfillment of a contract between you and us, and our legitimate interestin providing you with services, as well as support and feedback in response toinquiries you make;
· Thelegal basis for processing and collecting Mobile Device information andAnalytical Information is our legitimate interests in operating our services,ongoing management of our business and business development;
· Thelegal basis for collecting and processing your information for PromotionalCommunications is our legitimate interests in promoting Chihiros aquatic studio’sproducts and services and informing users about relevant information concerningthem.
· Furtherprocessing may occur based on legal requirements.
EU Rights. You have the following rights under theGDPR:
If you are a EuropeUnion user under General Data Protection Regulation (GDPR), you have the rightto obtain from us the erasure of your personal information. We shall considerthe grounds regarding your erasure request and take reasonable steps, includingtechnical measures, if the grounds apply to GDPR.
If you are a EuropeUnion user under GDPR, you have the right to obtain from us the restriction ofprocessing your personal information. We shall consider the grounds regardingyour restriction request. If the grounds apply to GDPR, we shall only processyour personal information under applicable circumstances in GDPR and inform youbefore the restriction of processing is lifted.
If you are a EuropeUnion user under GDPR, you have the right not to be subject to a decision basedsolely on automated processing, including profiling, which produces legaleffects concerning you or similarly significantly affects you.
If you are a EuropeUnion user under GDPR, you have the right to receive your personal informationin a structured, commonly used format and transmit the information to anotherdata controller.
Changes to this Privacy Policy
We may change this Policy, in which case wewill seek your consent to those changes if they are material. If you do notconsent to the amended Policy, we may terminate your account and block youraccess to, and use of, the App. Our updated Privacy Policy can always be foundat the following link: http://www.chihiros.cn/en/newsd/c5/id92.html
Contact Us
You may contact us with any questions orcomments at:chihiros@chihiros.cn
Effective date of the policy: March 3rd,2019
