(Effective Date: April 1, 2018)
1. IMPORTANT DEFINITIONS
“Application(s)” means an embedded, downloadable and/or executable software application owned by us or a third party, and made available on the Device.
“Content” means all audio and visual elements and ideas offered by us or third parties, including but not limited to data, movies, videos, photographs, software, games, designs, likenesses, artwork, images, music, sound, information and other materials, tangible and intangible, including derivative works, on all media and formats, existing or in future.
“Device” means this Hisense Smart TV.
“Materials” collectively means any Content, Submitted Content (where applicable and as further defined herein), messaging, blogging, chatting, social networking, information, advertising and/or internet links, etc., accessible or delivered through the Device.
“Operating System” means Android™ operating system platform for this Device. Android is a trademark of Google LLC.
“Smart Services” means the access, procurement, disposal, sale, purchase, subscription, lease, rental, consultation or other use of Materials, and all other types of services or functions typically available from the Internet, offered by us or by third parties, through Application(s) in your Device.
“Submitted Content” means any Content submitted, uploaded or posted by you, on behalf of you, or by other users, on or through your Device or the Smart Services.
2. INFORMATION WE COLLECT AND HOW WE COLLECT IT
• Voice Services and Voice Services Data. This Device ships with one or more third-party voice enabled services, Google Assistant (“Google Assistant”, provided by Google, Inc. or its affiliates) and/or Amazon Alexa (“Alexa”, provided by Amazon.com, Inc. or its affiliates), collectively referred to herein as the “Voice Services”. The capture and/or receipt of natural language voice commands (“Voice Commands”) by the Voice Services may be enabled directly through this Device or through other devices (solely by way of example, the Device remote control, a companion application on your mobile phone, third-party Google Assistant or Alexa enabled devices, or otherwise). All Voice Services in the Device, as shipped by us, are disabled, and remain so unless and until you activate (for Google Assistant) or Opt-In (for Alexa) to the Voice Services.
To link Alexa to the Device(s), you will be required to create a new account (or log into a pre-existing account) at http://mytv.hisense.com (“Hisense TV Account”) by entering your email address and a password. Once you have created a new Hisense TV Account, or have logged into a pre-existing Hisense TV Account, you will be provided with step-by-step instructions to link your Device(s) with your Hisense TV Account and to the Voice Services.
The email address and password you submit in conjunction with setting up the Hisense TV Account (“Hisense TV Account Data”) and any TV Nickname you assign during the initial Device set up is the only data we collect and store. In addition, your password is stored in a format which we cannot decode or recreate.
To link Google Assistant to the Device, you will be required to pair the Device with a Google Assistant voice enabled remote control. You can also link the Device to Google Assistant voice enabled third party devices or applications.
You will also be required to either create a new account, or log into a pre-existing account, with the Voice Services themselves (“Voice Services Account”). Your Voice Services Account may also provide us with the email address that you use to log into the Voice Services Account, which email address we store and display on the Device to ensure you know which Voice Services Account is linked to the Device, but which email address we do not store or use otherwise.
We also briefly collect (but do not store) the Voice Commands submitted by you to forward to the Voices Services for processing. The results of this processing by the Voice Services (“Voice Results”) are sent back to the Device for execution of the Voice Commands. Hisense does not store the Voice Results.
Amazon Alexa: https://www.amazon.com/gp/help/customer/display.html?nodeId=201809740
Google Assistant: https://support.google.com/assistant#topic=7110546
3. HOW WE USE THE INFORMATION WE COLLECT
• Personal Information. We will only use, access, store, or process your Personal Information for the purposes for which it may be provided to us. If we wish to use your Personal Information for any other purpose, we will obtain your express consent to do so. To the extent that we collect your Personal Information, we use it in connection with the following activities:
o Registering your account on the Device;
o Providing and maintaining services in connection with the Device;
o Administering the Device as well as other Voice Services enabled and compatible devices and/or software applications which are connected to your (same) Voice Services Account (including processing any searches or requests for certain Materials, recommending Materials, providing blogs, open forums, discussion pages or personalized features);
o Internal record keeping; and
o Communicating with you. If you send us an E-mail with questions or comments, we may use your Personal Information to respond to your questions or comments, and we may save your questions or comments for future reference. However, aside from our reply to such an e-mail, we will not send you e-mail unless you request a particular service that involves e-mail communications, in which case you consent to being contacted by e-mail, or to receiving from us (either from ourselves or a related company) information about products and services which we believe may be of interest to you.
• Voice Services Data: If you chose to activate or Opt-In to the Voice Services, you authorize us to forward your Voice Commands to the Voice Services for processing and/or execution of the Voice Commands or to provide certain requested features. You also understand that we will use, for Alexa, your Hisense TV Account and your Voice Services Account, and for Google Assistant, your Voice Services Account, to authorize the communication between your Device and the Voice Services.
Voice Services will allow you to use Voice Commands to control: (i) either certain basic features in the Device (including turning the Device on or off, changing the volume and searching for Content available through Applications, etc.) (“Basic Voice Services”); or (ii) certain advanced features such as voice activated access and control of (a) certain Applications in the Device, and/or (b) other devices, applications and services connected to the Voice Services such as third-party music services; checking the current weather, news or traffic or creating or updating your to-do list) (“Advanced Voice Services”).
When you submit Voice Commands through the Device, or through Voice Services, or through a third-party Voice Services enabled device, or otherwise, your Voice Commands are received by the Voice Services for natural language processing, with the Voice Services returning the natural language interpreted results (“Voice Results”) (including search strings in human readable format) back to the Device. We then use (but do not store) the Voice Results to provide you with certain features (including solely by way of example, your requested search results related to Materials available through this Device).
• Non-Personal Information. We may use Non-Personal Information for our internal purposes, such as to offer Device-specific viewing recommendations, to understand aggregate usage patterns, to administer the Device, or to provide you with improved features such as Voice Services. We reserve the right to use or disclose aggregate and/or Device-specific Non-Personal Information in any way we see fit, including for our and our partners' marketing and advertising purposes and to other third parties (such as Voice Services providers), and you acknowledge and consent to such. You acknowledge and accept that you fully consent to our collecting and sharing aggregate and/or Device-specific Non-Personal information with third parties without the need for further approvals or consent.
4. HOW WE SHARE AND DISCLOSE INFORMATION
• Personal Information and Non-Personal Information. We may share Personal Information and Non-Personal Information as follows:
o With our and our affiliates staff, employees, contractors, agents, to help us provide or improve the services in connection with the Device and/or the Smart Services.
o With our professional advisors.
o With third parties and their advisors in connection with a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Hisense’s assets, financing, sale of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence).
o When required to or are permitted to do so by law or valid legal process.
o With other third-parties solely at your direction and with your express consent, and only for the purposes that you request.
o for Basic Voice Services: natural language processing of Voice Commands, and to return the appropriate Voice Results to the Device; or
o for Advanced Voice Services: natural language processing of Voice Commands, and to return the appropriate Voice Results to the Device, as well as for accessing and controlling other Voice Services enabled and compatible devices and/or software applications and/or services which are connected to your (same) Voice Services Account;
o To design, develop, improve and extend the quality and scope of the functions provided to you in this Device via the Voice Services and technology;
5. THIRD PARTY MATERIALS, APPLICATIONS AND ADVERTISEMENTS
Third parties who offer Applications or Materials on the Device may collect Personal or Non-Personal Information when you access their Application(s) and Materials on the Device, or their applications through the Device. We are not responsible for the data collection and privacy practices employed by such third parties or their services, and they may be collecting data about you and may be sharing it with us and/or others. These third parties and their services may also track you across sites and time, serve you their own advertisements (including interest-based advertisements) and may or may not have their own published privacy policies.
In addition, when you are on the Device you may be directed to other services that are operated and controlled by third parties that we do not control. For example, if you browse the Internet and “click” on a link on a website, the link may take you to a different website. We encourage you to note when you access a new website or application and to review the privacy policies of all third-party locations and exercise caution in connection with them. We are not responsible for the availability, completeness or accuracy of such third parties’ policies or notices.
6. YOUR CHOICES REGARDING DATA COLLECTION AND CHANGING PREFERENCES
a. VOICE SERVICES
To enable operation of the Voice Services, you may choose to Opt-In as follows:
• For Amazon Alexa:
o Turning on the Voice Services in the “Settings” menu for this Device, as follows: Go to the “Home” screen, select “Settings”, select “Alexa Voice Control”, Opt-In by selecting the icon to turn on “Voice Service Control” button, then select the “Voice Service Setup” button and follow the on-Device prompts, including either creating or logging in into a preexisting Hisense TV Account. You will then be asked to download the Alexa application on your mobile device (if you don’t have it already installed) (“Alexa App”), then, within the Alexa App, go to the Menu and select “Skills”, search for “Hisense Smart TV” and select it to open the skill detail page, then select the “Enable Skill” option and follow the instructions to connect the Alexa Voice Services Account to the Hisense TV Account.
• For Google Assistant:
o During initial Device setup, or
o By selecting the Google Assistant button on your voice enabled remote control and following the on-Device prompts, or
You may disable the Voice Services in one of the following ways:
• For Amazon Alexa:
o If you have previously Opted-In but wish to temporarily stop using or receiving the benefits of the Voice Services, you may temporarily disable the operation of the Voice Services at any time by turning off the Voice Services in the “Settings” menu for this Device, as follows: go to the “Home” screen, select “Settings”, select “Alexa Voice Control”, and select the icon to turn off “Voice Service Control”.
• For Google Assistant:
Disabling Voice Services will prevent the use of voice commands for both Basic Voice Services and Advanced Voice Services.
b. YOUR CHOICES AND ARCO RIGHTS
We will only retain and use your Personal Information for the purposes for which it was intended, and only for as long as required to provide the Smart Services or as required under contract or applicable laws and regulations.
If you would like to access, correct, or remove your Personal Information from our databases, please email us at email@example.com or call 1-855-344-7367.
If you want to disable cookies or such other technologies, you can clear data stored on the Device or on devices that you are using to access the Device. If you want to clear cookie data for an Application, you can do so by emptying the cache and storage for that Application. If you want to clear all cookie data stored on the Device, please go to “Home”, select “Settings”, select “Storage and reset”, select “Factory data reset”, and confirm by selecting “Factory data reset” again.
(information on how Amazon uses, collects and shares your data)
(Google Terms of Service)
(Google Play Terms of Service)
(information about deleting your Google Assistant activity)
(to control what information is shared with Google Assistant)
Certain companies may participate in the Digital Advertising Alliance ("DAA") AdChoices Program and may display an Advertising Option Icon for interest-based advertisements that links to an opt-out tool which allows you to exercise certain choices regarding targeting. You can learn more about the DAA AdChoices Program at http://www.youradchoices.com/ and its opt-out program for mobile applications at http://www.aboutads.info/appchoices. In addition, certain advertising networks and exchanges may participate in the Network Advertising Initiative (“NAI”). NAI has developed a tool that allows consumers to opt out of certain interest-based advertisements delivered by NAI members' ad networks. To learn more about opting out of such targeted advertising or to use the NAI tool, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of interest-based advertisements, you will continue to receive non-targeted ads. Further, opting out of one or more NAI or DAA members only means that those selected members should no longer under the DAA / NAI rules deliver certain targeted ads to you. This will affect this and other services but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different Device or web browser(s), or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Mobile device opt-outs will not affect browser-based interest-based advertisements even on the same device, and you must opt-out separately for each device. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. However, we support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (http://www.iab.net/media/file/ven-principles-07-01-09.pdf) and expect that ad networks we directly engage to serve you interest-based advertisements will do so as well, though we cannot guaranty their compliance.
7. SECURITY OF THE INFORMATION WE COLLECT
We take the security of your Personal Information seriously. We maintain physical, administrative, and technical safeguards designed to maintain the confidentiality and security of your Personal Information. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted through use of the Device and the Smart Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures for the Device or the Smart Services.
The Personal Information we collect is stored within databases that we control, and we utilize reasonable security measures intended to mitigate the risk of unauthorized access or disclosure of Personal Information, such as firewalls and encryption technology. We restrict access to Personal Information to our employees, contractors and agents who have a need to know that information in order to operate, develop or improve the Device or the Smart Services. These individuals are contractually bound by confidentiality obligations and may be subject to discipline for failure to meet these obligations, including termination and/or criminal prosecution.
8. BULLETIN BOARDS AND OTHER PUBLIC AREAS
We may offer bulletin boards or other public functions on the Device and/or Smart Services, and any posting by you in these areas is considered public information that is available to other users. We do not control, and are not responsible for, the actions of other users of the Device and/or Smart Services with respect to any information you post in public areas. In addition, information that you submit to public areas may be collected and used by others to send you unsolicited messages and for other purposes. Any posting in bulletin boards and public areas on the Device is governed by the End User Terms and Conditions for the Device or the terms and conditions of the applicable third parties web sites. Portions of your user profile may also be available to other users, and you should take care to not use Personal Information in your user name or other information that might be publicly available to other users.
9. INTERNATIONAL TRANSFER OF INFORMATION
10. YOUR PRIVACY RIGHTS
The Canadian Personal Information Protection and Electronic Documents Act, SC 2000, c 5 and provincial privacy legislation permits users to request certain information regarding our collection, use and disclosure of personal information. To make such a request, please send an email to firstname.lastname@example.org, or write to us at the address in the CONTACT US section below. Please note that we may need additional information to process your request.
Hisense Canada Co., Ltd.
Attention: Customer Service
2283 Argentia Rd., Unit 16, Mississauga ON, Canada L5N 5Z2