PRIVACY STATEMENT
1.
Protecting the personal
privacy of every customer, vendor, and employee is a crucial part of gaining
and keeping your trust in Haier Appliances India Pvt. Ltd. (“Haier
India”, “we”, “us”, “our”). We are a global company
engaged in the business of consumer durable goods and services under the brand
name Haier and we strive to provide a high level of privacy protection across
all of our businesses and services.
2.
This Privacy Statement is
intended to provide information on how Haier India collects, uses, processes,
discloses, manages and handles personal data which is subject to the applicable
laws of India. Please read this Privacy Statement carefully. This Privacy Statement does not apply to third-party applications, products, services,
websites or social media features that may be accessed through links provided on
our applications. Accessing those links may result in the collection of your information
by a third party. We do not control or endorse those third-party websites or
their privacy practices. We encourage
you to review the privacy policies of such third parties before interacting
with them.
3.
By accessing our
applications, using any services provided by Haier India, signing up for any
products and services provided by Haier India, submitting any information to
us, or otherwise showing your agreement thereon, you will be deemed to have
agreed and explicitly consented to the terms of this Privacy Statement.
4.
Any personal data collected
by our online presence (through application) during your visit is processed
confidentially and in strict accordance with legal provisions under the
applicable laws of India. Data privacy and information security are an integral
part of this
Privacy Statement.
5.
It is important for you to
check often for updates to the Privacy Statement. We may update this Privacy Statement periodically to
reflect changes in our personal information practices with respect to the goods
and services rendered by us or changes in applicable law in India. We will post
a notice on our application to notify you in advance of material changes to our
PRIVACY STATEMENT and indicate at the top of the PRIVACY STATEMENT when it was
most recently updated.
Your personal data
– what is it?
6. Collection of Data by Haier India may fall under the following two
categories:
a. Personal data means data about or relating to a natural person who is
directly or indirectly identifiable, having regard to any characteristic,
trait, attribute or any other feature of the identity of such natural person,
or any combination of such features, or any combination of such features with
any other information.
b. Sensitive personal
data or information of a person means such personal information which consists of information relating to: (i)
password; (ii) financial information such as bank account or credit card or
debit card or other payment instrument details; (iii) physical, physiological
and mental health condition; (iv) sexual orientation; (v) medical records and
history; (vi) biometric information; (vii) any detail relating to the above
clauses as provided to body corporate for providing service; and (viii )any of
the information received under above clauses by body corporate for processing,
stored or processed under lawful contract or otherwise.
What roles do we play in processing
your data?
7.
We process your “personal data”
only when there is a legal basis for doing so or when your consent has been
given in this regard to us including but not limited to your consent while
accessing any features of the application.
When is your personal
data collected?
8. Your Personal Data can be collected by Haier India in several different
ways. Some examples are given below:
a. when
creating your accounts, signing up or subscribing for service updates, we may
ask you to provide information, such as your name, date of birth, contact details,
interests and newsletter preferences;
b. when
you purchase, register, send for repair or return one of our products, we may
record the call and/or ask you to provide information such as your contact
details, delivery date and place of purchase and payment information;
c. when
you contact our customer service centers for assistance, we may keep
information about the call, including your name, the product(s) you bought, the
reason to why you contacted us and the advice we gave you;
d. when
you visit us at a public event, such as trade show or exhibition or participate
in one of our surveys, competitions or prize draws, we may ask for information,
such as your business card, name, contact details, interests and preferences;
e. when
you use our online services, we may receive content that you choose to upload,
such as product reviews, comments, photos and forum posts, or details of your
interests and preferences that you choose to tell us about for example, when
you select the services that you wish to receive; and
f.
when you submit your Personal Data to us for
any other reasons.
Please
take care when submitting information to us, when completing free text fields
or uploading documents and other materials. Some of our services are automated
and we may not recognize that you have accidentally provided us with incorrect
or sensitive information.
9. We assume that all Personal Data submitted to us is
complete, accurate, true and correct. Failure on your part to do so may result
in our inability to provide you with the products and services you have
requested.
10. Haier collects, uses, stores, processes and
discloses Personal Data for the purposes given below. If you provide us with
any Personal Data relating to a third party (e.g. information of your spouse,
children, parents, and/or employees), you represent that by submitting such
Personal Data to us, you have obtained the consent of the third party to
provide us with their Personal Data for the purposes as listed below.
a. providing customer care, warranty, returns and other after sales
services;
b. for staff training and quality assurance purposes, particularly in
relation to our customer relations staff at our call, email and other support
centers;
c. resolving complaints and responding and handling requests and
enquiries;
d. facilitating and processing your searches and requests for
information when you contact us about Haier and its products and services;
e. asking for your opinions on Haier products and services and
conducting product surveys;
f.
conducting prize draws,
contests and other promotional offers;
g. managing the administrative and business operations of Haier and
complying with internal policies and procedures;
h. facilitating business asset transactions (which may extend to any
mergers, acquisitions or asset sales) involving any of the related corporations
or affiliates of Haier;
i.
matching any Personal Data
stored which relates to you for any of the purposes listed herein;
j.
analyzing, investigating,
handling, resolving any security matters or any vulnerability;
k. preventing, detecting and investigating crime and analyzing and
managing commercial risks;
l.
providing media announcements
and responses;
m. monitoring or recording phone calls and customer-facing interactions
for quality assurance, employee training and performance evaluation and
identity verification purposes;
n. organizing promotional events;
o. legal purposes (including but not limited to obtaining legal advice
and dispute resolution);
p. conducting investigations relating to disputes, billing or fraud;
q. meeting or complying with any applicable rules, laws, regulations,
codes of practice or guidelines issued by any legal or regulatory bodies which
are binding on Haier (including but not limited to responding to regulatory
complaints, disclosing to regulatory bodies and conducting audit checks, due
diligence and investigations); and
r.
any purposes which are ancillary
and/ or related to the aforesaid purposes.
11. We may also receive data about your location and your mobile device when
you download our apps. This includes a unique identifier for your device. We
may use this data to provide you with location-based personalized services.
You can turn off location services on your device, if so required.
12. All the data we collect from you may be stored as log files in our server
or as augmented information associated with you or your devices. These log
files are used for analysis, research, auditing, and other purposes. Your data
is stored in log files until the data is transferred to backup databases or
related texts. We routinely back-up a
copy of your data to prevent loss of your data in case of a server breakdown or
human error. However, all such copies of your data in our backup database will
be retained only for as long as our data retention statement permits (see “How long do we keep your personal data?”
below), and will in any case be deleted within defined timelines upon your
request.
How do we
process your personal
data?
13. We comply with our obligations under applicable Indian laws by storing
and destroying Personal Data securely; by collecting and retaining only the
necessary data that we need to for the purpose(s) identified in this Privacy Statement; by protecting
personal data from loss, misuse, unauthorized access and disclosure and by
ensuring that appropriate technical measures are in place to protect the Personal
Data.
14. The processing operations we perform on your data cover automated and
non-automated means of collecting, recording, organizing, structuring, storing,
altering, retrieving, using, transmitting, disseminating or otherwise making
available, aligning or combining, restricting, and/or erasing your data.
Sharing
your personal data
15. Your
Personal Data will be treated as strictly confidential, and will be shared only
with the categories of data recipients listed below. We will only collect,
secure & share your data with third parties outside of our company with your consent, and you will have an
opportunity to choose for us not to share your data.
16. We
may disclose your personal data to:
·
our affiliated entities within our global group of
companies worldwide and authorized employee to provide you services such as
facilitating order processing and shipping, for internal administration
purposes, to detect and deal with data breaches, illegal activities, and fraud,
and to maintain the integrity of our information technology systems.
·
third party service providers worldwide whom we
sub-contract to work on our behalf or for us and therefore may have access to
your data only for purposes of performing these tasks on our behalf and under
obligations similar to those described in this Privacy Statement, who perform functions such
as data processing, auditing, order fulfillment, managing and enhancing
customer data, providing customer service, conducting customer research or
satisfaction surveys, logistics support, marketing support, payment processing
and invoice collection support, informational systems technical support, to
help us provide, analyze, and improve our services such as data storage,
maintenance services, database management, web analytics, improvement of our
service features, and to assist us in detecting and dealing with data breaches,
illegal activities, and fraud.
·
governments and/or government-affiliated institutions,
courts, or law enforcement agencies, to comply with our obligations under
relevant laws and regulations, enforce or defend our policies or contract with
you, respond to claims, or in response to a verified request relating to a
government or criminal investigation or suspected fraud or illegal activity
that may expose us, you, or any other of our customers to legal liability;
provided that, if any law
enforcement agency requests your data, we will attempt to redirect the law
enforcement agency to request that data directly from you, and in such event,
we may provide your basic contact information to the law enforcement agency.
·
third parties involved in a legal proceeding, if they
provide us with a court order or substantially similar legal procedure
requiring us to do so.
17. We may provide you
with opportunities to connect with third party applications or services. If you
choose to use any such third party applications or services, we may facilitate
sharing of your information with your consent. However, we do not control the applications
or services of those third parties or how they use your information, and your
use of such applications and services is not governed by this Privacy Statement. Please review the terms and the privacy
policies of those third parties before using their applications or services.
18. We will display
your personal data and account activity in your profile page and elsewhere on
our service portals according to the preferences you set in your account. You
can review and revise your profile information at any time. Please consider
carefully what information you disclose in your profile page and your desired
level of anonymity. In your profile page, we will also display your device
information as well as provide the network connection information for the
devices to the applications that connect to your devices.
How
long do we keep your personal data?
19.
We keep your personal data for no longer than reasonably necessary
for the given purpose for which your data is processed. If you will provide us, or have provided us,
consent for us to process your data, we will process your data for no longer
than your consent is effective. Notwithstanding the above, we may retain your personal
data as required by applicable Indian laws and regulations, as necessary to assist
with any government and judicial investigations, to initiate or defend legal
claims or for the purpose of civil, criminal or administrative proceedings. If
none of the above grounds for us to keep your data apply, we will delete and
dispose of your data in a secure manner according to our data protection statement.
Privacy
of data subjects under the age of 18
20. Our products and
services are not targeted to persons under the age of 18 or any person who are
not competent to contract as per prevailing laws. We do not knowingly collect
or process personal data from persons under the age of 18 or of person who are
not competent to contract. Please note that if you are under the age of 18, you
have to provide us a written signed consent from your parent or guardian
indicating that your parent or guardian has consented for us to enter with a
valid contract and in furtherance to process your data and send us the consent
through contact information provided from the section of “Whom should I contact?”
Your
rights and your personal data
21.
Unless subject to an exemption under applicable Indian laws,
you have the following rights with respect to your personal data:
·
The right to request that we correct
any personal data if it is found to be inaccurate
or out of date.
·
The right to request to erase your personal data
where it is no longer
necessary for us to retain such
data, except we are not obliged to do so if we need to retain such data
in order to comply with a legal obligation or to establish, exercise or defend
legal claims.
·
The right to withdraw your consent to the processing at
any time, if and where we rely on your consent to process your data. This includes cases where you wish to opt out from marketing
communications that you receive from us.
·
The right to restrict our
processing of your personal data where you believe such data to be inaccurate,
our processing is unlawful; or that we no longer need to process such data for
a particular purpose unless we are not able to delete the data due to a legal
or other obligation or because you do not wish for us to delete it.
·
The right to object to us using your personal data, where the legal justification for our processing of your personal
data is our legitimate interest. We will abide by your request unless we have
compelling legitimate grounds for the processing which override your interests
and rights, or if we need to continue to process the data for the establishment,
exercise or defense of legal claims.
·
The right to lodge a
complaint regarding our
processing of your data, with the competent authority where you reside or in which
your data is processed.
22.
If you would like to exercise any of the above rights,
please do so by providing your request to the contact window set forth in the “Whom should I contact” section.
23. After receiving
your request, we will evaluate your request and inform you how we intend to
proceed on your request. Under certain
circumstances in accordance with applicable privacy laws and regulations, we
may withhold access to your data, or decline to modify, erase, port, or
restrict the processing of your data.
24. Please be advised
that if you exercise the rights to erase data, restrict or object to our
processing, or to withdraw your consent, we may not be able to continue our
services to you if the necessary data is missing for processing.
Further
processing
25.
If we wish to use your personal data for a new purpose not
covered by this, then we will publish a new notice on our applications
regarding the new version of this Privacy Statement explaining this
new use prior to commencing such further processing for a new purpose.
Security
26.
We protect your data using technical measures to minimize
the risks of misuse, unauthorized access, unauthorized disclosure, loss or
theft, and loss of access. Some of the safeguards we use are data
pseudonymization, data encryption, firewalls, and data access authorization
controls. We take our data security very seriously. Therefore, the security
mechanisms used to protect your data are checked and updated regularly to
provide effective protection against abuse.
28.
For your confidentiality and security, we use ID and
password to secure your personal information. It is important for you to
protect your ID, password, or any personal information. Do not disclose your
personal information (especially password) to anyone. When you are finished
using our services, please do not forget to log out from your account.
29.
Despite our best efforts, however, security cannot be
absolutely guaranteed against all threats. If you believe that the security of your
data has been compromised, or if you like more information on the measures we
use to protect your data, please contact us following the instructions in the “Whom should I contact” section below.
Whom
should I contact?
30.
If you have any question about this Privacy Statement, or if you would
like to exercise any of your rights, or if you have any complaints that you
would like to discuss with us, please in the first instance send us signed and
dated request, together with a copy of your identity card. Please be as
accurate as possible:
by post to
Haier Appliances India Pvt. Ltd.
or
by e-mail to [in.dp.officer@haierindia.com]