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.

 

27.   The information we collect are usually encoded. Moreover, we have put in place additional and comprehensive state-of-the-art security measures when your data are accessed via the internet. Firewalls prevent unauthorized access. Diverse encryption and identification layers protect your data from intrusion or disclosure to third parties during data transfer. Moreover, an electronic identifier is generated during data transfer to safeguard your information.

 

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.

Mr. Arun Sharma

[Building No.1, Okhla Industrial Estate Phase 3, New Delhi ,110020]

 

or

by e-mail to [in.dp.officer@haierindia.com]