PRIVACY POLICY

Privacy Policy - CMF

Effective as of: [27] [09], 2023

We take your privacy seriously and this Privacy Policy explains how Nothing Technology Limited or its affiliated companies (collectively, "we", "us", or "our") collect, use, share and process your Personal Data when you are using our services, including our websites, products, apps, and other CMF services (collectively, “CMF Services”). We are the “data controller” in respect of your Personal Data. For information that demands your particular notice and that may have a significant impact on your rights and interests, we have highlighted it in bold font to draw your attention.

If you have any questions about this Privacy Policy, please contact us using the contact details provided at the end of this Privacy Policy.

This Privacy Policy informs you of the following information:

1. What is Personal Data
2. How and when we collect Personal Data about you
3. What Personal Data we collect
4. How we use your Personal Data
5. How do we process minor’s Personal Data
6. Legal basis for processing your Personal Data
7. How do we disclose your Personal Data
8. How do we protect your Personal Data
9. Data storage and transfer
10. Your rights
11. Third-party websites and services
12. Changes to this Privacy Policy
13. Contact us

1. What is Personal Data?

 Personal Data is information that can be used to directly or indirectly identify you. Personal Data does not include data that has been irreversibly anonymized or aggregated so that it can no longer enable us, whether in combination with other information or otherwise, to identify you. 

2. How and when we collect Personal Data about you

We collect and process Personal Data when you:

• visit our website and use our products, apps, and other CMF services (including when registering and logging into your useraccount, leaving any reviews or comments, filling in forms such as when you join our Community Review Program;
• Activate any products or services, download a software update, or subscribe to any of our services (such as sign up for brand updates and news on our latest products, or otherwise interact with us);
• contact our customer service or aftersales/support center or request information from us in any other way;
• participate in our Community Review Program or other market research, feedback, and survey responses; 
• communicate with us via social networking websites, third-party apps, or similar technologies;

3. What Personal Data we collect

Data you directly provide to us:

We may collect and process the following Personal Data about you that you provide when you use CMF services:

• contact details (such as your name, shipping address, email address, your public social media handles (Instagram/Youtube/Twitter));
• basic information (such as your country of residence, region, birthday, time zone, height, gender, and language)
• demographic information (such as age group that you belong to);
• account information (such as your avatar, password, user ID, and other authentication information);
• exercise and health information (such as type of exercise (e.g., walking, running, cycling, rope skipping), calories burned, your heart rate, blood oxygen, sleep duration);
• information used for our provision of after-sale services (such as screenshots, screen recorder, email)
• product reviews (including product shots or product videos);
• your current smartphone brand (when you apply to join our Community Review Program);
• your marketing preferences.

Data generated during your use of CMF services

When you visit our website and app, activate a product or device, download a software update, or connect to our services, we may also collect information from you automatically, for example using cookies and other similar technologies. A cookie is a small file of letters and numbers that we may set on your device. Cookies generally only work with web browsers, but there are similar technologies that are used with apps.

This type of information may include the following: 

• model name, serial number, device color, firmware version, app version, app package name, mac address, device ID, mobile phone model, mobile phone version;
• the IP address of your device and GPS;
• usage information, product interaction, performance and diagnostic information, crash data, search history, browsing history, and location information from the devices on which you install or access our products or services;
• information about your use of our offerings, for example to distinguish you from other users of our app, to remember your preferences to help us to provide you with a good experience when you use our offerings and also information that allows us to improve them.

Use of Cookies

We use cookies to provide, protect, and improve our products and services, such as by personalizing content, offering and measuring advertisements, understanding user behavior, and providing a safer experience. Please note that the specific cookies we may use vary depending on the specific websites and services you use.

The cookies we use fall into the following categories:

• Session cookies: These allow our site to link your actions during a particular browser session. These expire each time you close your browser and do not remain on your device afterwards.
• Persistent cookies: These are stored on your device in between browser sessions. They allow your preferences or actions across the site to be remembered. These will remain on your device until they expire, or you delete them from your cache.
• Strictly necessary cookies: These cookies are essential for you to be able to navigate the site and use its features. Without these cookies, the services you have asked for could not be provided.
• Performance cookies: These cookies collect information about how you use our site, e.g. which pages you go to most often.
• Functionality cookies: These cookies allow the site to remember the choices you make (such as your user name, language, last action and search preferences) and provide enhanced, more personal features.
• Advertising cookies: These cookies are used for advertising, including serving and rendering ads, personalizing/targeting ads and measuring the effectiveness of ads.

If you do not wish for cookies to be installed on your device, you can change the settings on your browser or device to reject cookies. For more information about how to reject cookies using your internet browser settings please consult the “Help” section of your internet browser (or alternatively visit http://www.aboutcookies.org ). Please note that, if you do set your internet browser to reject cookies or otherwise withdraw your consent in relation to cookies, you may not be able to access all of the functions of the site.

Information we collect from third parties

We may obtain Personal Data about you from third parties. For example, if you log onto our app or website via your third-party account (e.g. Google), we may receive information about you from these third-parties, such as your username, email address, and avatar. We are not responsible for the content or practices of third parties. We urge you to read the privacy policies of any third-party websites, applications or social media platforms you choose to use.

4. How we use your Personal Data

We may process your Personal Data for the following purposes:

• to provide you with the information, products and services you have requested and send you marketing and advertising materials;
• to provide, improve, and develop our products and services;
• to communicate with you including in relation to offer you targeted advertisements and services (including if you join ourCommunity Review Program, we may use the Personal Data you provide to administer those programs);
• for system administration purposes and for internal operations, including troubleshooting, testing, statistical and survey purposes, data analysis, user behavior analysis, research, and audits;
• to authenticate your access to our website, app, products and services and to distinguish you from other users (for example to remember your log-in details);
• to monitor your use of our website, app, products and services to improve the user experience and to ensure that content is presented in the most effective manner for you and for your device;
• to conduct marketing analysis to allow us to assess trends and the effectiveness of our advertising and marketing campaigns (including using your Personal Data to evaluate, analyse or predict certain personal aspects relating to you, such as your preferences, economic situation, interests, and/or location);
• to provide customer support and ensure we provide a good level of customer service;
• to personalize your services and communications where such options are available and you choose to use them;
• to notify you of any changes to our services;
• promote safety and security, such as by monitoring fraud and investigating suspicious or potentially illegal activity or violations of our terms or policies;
• to ensure that our website, app, products and services are safe and secure; and
• to comply with applicable laws and regulations.

If you no longer wish to receive email communications for marketing purposes, please contact us to opt-out or click the unsubscribe link within the email.

5. How do we process minor’s Personal Data

Our CMF services are mainly intended for adults. In order to protect the privacy and Personal Data of minors, we will obtain parental or legal guardian’s consent where the local laws in your country or region require before processing minors’ Personal Data. We will limit the types and scope of Personal Data collected from minors as much as possible and also limit the functions available to minors.

If you are a parent or legal guardian of a minor, please ensure that you have read this Privacy Policy and are responsible for your child's activities before allowing your child to create his or her own user account, use our device or apps.

If you have questions on how we process minors’ Personal Data, please contact us using the contact details provided in “Contact Us”.

6. Legal basis for processing your Personal Data

We will only process your Personal Data where we have a legal basis to do so. The legal basis will depend on the purposes for which we have collected and use your Personal Data. In almost every case the legal basis will be one of the following: 

• Consent: For example, where you have provided your consent to receive certain marketing from us. You can withdraw your consent at any time.
• Our legitimate business interests: Where it is necessary for us to understand our customers, promote our services and operate effectively provided in each case that this is done in a legitimate way which does not unduly affect your privacy and other rights. For example, we will rely on this legal basis when we conduct certain market analysis to understand our customers in sufficient detail so we can create new services and improve the profile of our brand.
• Performance of a contract with you (or in order to take steps prior to entering into a contract with you): Where we need to fulfill contractual obligations, such as to provide maintenance or software and system updates.
• Compliance with law: Where we are subject to a legal obligation and need to use your Personal Data in order to comply with that obligation.

7. How do we disclose your Personal Data

We make certain Personal Data available to strategic partners that work with us to provide our products and services or help us market to customers. Personal Data will only be shared by us with these companies in order to provide or improve our products, services, and advertising; it will not be shared with third parties for their own marketing purposes without your prior express consent.

We may disclose your Personal Data to other third parties in the following cases:

• for the purposes of research, evaluation, and analysis;
• if you choose to use the product or services provided a third party. For example, when you use our services, we make certain Personal Data available to our business partners FastLane Technologies, Inc. (“Fastlane”) and Shenzhen Jingxun Technology Co., Ltd. (“Jinxun”) in order to provide your services related to our watch product.
• if we or substantially all of our assets are acquired by a third party, in which case Personal Data held by us about our customers and visitors to our websites will be one of the transferred assets;
• if we are under a duty to disclose or share your Personal Data in order to comply with any legal or regulatory obligation or request; or
• to protect the rights, property or safety of us or our users, or others, and in order to enforce or apply our terms and conditions(this includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).

8. How do we protect your Personal Data

We use appropriate technical and organizational measures to protect your Personal Data that we collect and process. The measures we use are designed to provide a level of security appropriate to the risk of processing your Personal Data. Please be aware and understand that we cannot ensure an absolute secure network. If you find that your Personal Data are breached, please contact us immediately using the contact details provided in “Contact Us” of this Privacy Policy so that we can take the corresponding measures.

In the event of any accident, force majeure event or other circumstances leading to the breach of your Personal Data, we will make every effort to control the situation and promptly inform you of the cause, the security measures we have taken and you can take, and other relevant information when required by the applicable laws and regulations. In the event of a security incident related to Personal Data, we will report to the competent authorities in accordance with the requirements of the applicable laws and regulations, promptly investigate the problem, and take the corresponding remedial measures.

9. Data storage and transfer

Cross-border transfer

The Personal Data that we collect is stored at EEA or the UK. We will not transfer your Personal Data out of EEA or the UK.

Retention period

We will store your Personal Data to the extent as necessary for the proper business needs of our company (e.g., for the purposes of providing service to you and complying with the requirements of laws, tax and finance), except as provided otherwise by applicable laws or regulations. When there is no such need to use your Personal Data or the retention period expires according to applicable laws or regulations, we will delete or anonymize your Personal Data.

10. Your rights

You have certain rights in relation to your Personal Data. These include: the right to object to the processing of your information for certain purposes, the right to access your Personal Data, the right to correct your Personal Data, the right to delete your Personal Data, the right to file a complaint, the right to withdraw your consent, right related to automated decision making and the ability to erase, restrict or receive a machine-readable copy of your Personal Data.

We will handle any request to exercise your rights in accordance with applicable law and any relevant legal exemptions. If you wish to exercise any of these rights please contact us using the contact details below.

11. Third-party websites and services

When a customer operates a link to a third-party website that has a relationship with us, we do not assume any obligation or responsibility for such policy because of the third party's privacy policy. Our websites, products, and services may contain links to or the ability for you to access third-party websites, products, and services. We are not responsible for the privacy practices employed by those third parties, nor are we responsible for the information or content their products and services contain. This Privacy Policy applies solely to data collected by us through our products and services. We encourage you to read the privacy policies of any third party before proceeding to use their websites, products, or services.

12. Changes to this Privacy Policy

We may periodically change this Privacy Policy to keep pace with new technologies, industry practices, and regulatory requirements, among other reasons. The new privacy notice will be displayed on our website and app.

13. Contact us

If you have any questions regarding this Privacy Policy or its implementation, here is how you can reach us: Email Address: privacy@nothing.tech.