Privacy Policy
Version number: 1.0, updated on 1 May 2023.
Introduction
The Audfly device (including the corresponding APP) is a hardware/software product and service provided by Audfly Technology (Suzhou) Co., Ltd. You can use audio playback, speech capture and other functions with Audfly devices.
We take your privacy very seriously. This Privacy Policy has been developed with you in mind and it is vital that you are fully aware of our personal information collection and use practices and that you are ultimately in control of the personal information you provide to us. This Privacy Policy sets out how we collect, use, disclose, process and store the information you provide to us when you use our Audfly equipment. The term "personal information" in this Privacy Policy refers to data that can be used to identify a specific individual, either by itself or by association with other information. We will use this information in strict compliance with this privacy policy.
Finally, we want to provide our users with the best possible experience. If you have any questions about the personal information handling practices described in this Privacy Policy, please contact us by phone or email so that we can address your specific needs. We would be pleased to receive your feedback.
I. What information we collect and how we use it
We collect and use personal information that you voluntarily provide in the course of using our products/services or as a result of using our products/services for the purposes described in this Privacy Policy in accordance with the principles of legitimacy, legality, transparency and necessity. If we wish to use your personal information for purposes other than those set out in this Privacy Policy, or to use your personal information collected for a specific purpose, we will inform you in a reasonable manner and obtain your consent again prior to such use.
The functions involved in this product such as device inquiry, remote configuration, firmware upgrade, Audfly account registration, audio playback, etc. will involve the collection of your personal information, which will be stored separately and will be used no more frequently than is necessary to achieve the business function of the product or service, whether in silence or in the background.
Please note that we have included a special "bolded" reminder for sensitive personal information and we hope you will pay particular attention to it when reading it. Before you provide any personally sensitive information to us, you have carefully considered and hereby confirm that such provision is appropriate and you hereby agree that your personally sensitive information may be processed for the purposes and in the manner described in this policy.
(i) Where you are required to authorise us to collect and use your personal information
Personal information is collected for the purpose of providing you with products and/or services and to ensure that we comply with applicable laws, regulations and other regulatory documents. You have the right to choose whether or not to provide this information, but in most cases, if you do not provide it, we may not be able to provide you with the appropriate services or respond to the problems you encounter. These functions include:
(1) Connection and binding of speaker devices
In order to provide services to you, during the connection of the speaker device, we will collect the device ID, location information, Mac address, Wi-Fi information, your Audfly account information, and information about your country or region (e.g. Mainland China). This information will be used to connect the device and determine data storage, as well as to provide you with different services for the corresponding country or region.
(2) Location information
In order to provide you with location information related services, when you add location information, we will collect your address name, city name, area name, longitude, latitude, location, device ID for location functions. If you do not provide such information, we will not be able to provide you with speaker distribution, earthquake broadcast, road condition enquiry, weather enquiry, voice payment services. We will upload the aforementioned information to our server and keep it encrypted.
(3) Personal Information
In order to better experience our products, if you register for an Audfly account during the usage process, we will collect personal information such as nickname, phone number, email address, gender, birthday, etc. If you only need to use your device for connection or audio playback, you do not need to register an Audfly account and provide the above information, and you can still use our products.
(ii) Circumstances in which you can choose whether to authorise us to collect and use your personal information
In order to make it easier for you to use our interactive voice services and thereby enhance your experience, we may collect and use your personal information in connection with the following additional features. If you do not provide these personal information, you can still use the basic services described above, but you may not be able to use these additional features that will provide you with a more optimal service. These additional features include:
(1) Bluetooth connection
In order to provide you with Bluetooth services, when you use the Bluetooth function, we will collect your Bluetooth switch status, whether it is available for connection, whether it is discoverable, the Bluetooth name of the speaker, and a list of Bluetooth names of paired mobile phones to enable Bluetooth connectivity.
(2) Internet Phone
In order to provide you with the Internet phone function, in order to achieve the smart speaker device you request to dial the Internet phone to dial. In addition, as the Audfly Device App also acts as the receiving end, we need you to grant the APP self-start permission to ensure that the APP can be promptly activated when the smart speaker dials the Audfly Device App. We will obtain the following information from you to complete the association of the smart device:
1) User address book personal information
In order to establish the user address book information of all the people, we need to get the ID, nickname, Voip device number, device type, device model, avatar of all the smart speakers under your Audfly account.
2) User address book contact information
In order to make it easier for you to make VoIP calls to specific contacts when using your device, we need to obtain the contact ID, nickname, Voip device number, device type, device model and avatar of all the contacts under your Audfly account.
To enable you to trace your call history, we will also collect information about your call history:
We need to obtain your Audfly account number, Voip device number, contact type, call type, calling party, call status, call duration, creation time.
(3) After-sales information
When you request an after-sales service, we will collect information about the fault, as well as the SN code, contact information, contact telephone number, location, address details, visit time and description of the fault that you have selected or filled in. The above information will be sent to the Audfly server for encryption and secure storage. We may commission a third party service provider to carry out after-sales service for you and only authorised personnel will have access to your after-sales information.
(iii) Instructions for using permissions
You can turn on or off the location, camera, contacts, microphone, storage and self-start permissions in the App's system permissions, change the scope of your authorisation or withdraw your authorisation. If you withdraw your authorisation, we will no longer collect information relating to these permissions, but it will not affect the processing of personal information that we have previously carried out based on your authorisation. You can read the instructions on the use of permissions for Audfly devices to understand how the Audfly device app applies and uses system permissions.
(iv) You are fully aware that your consent is not required for us to collect or use personal information in the following circumstances:
1) in connection with the performance of obligations imposed by laws and regulations by the person in control of the personal information
2) directly related to national security or national defence security
3) directly related to public safety, public health, or significant public interest
4) directly related to criminal investigation, prosecution, trial and execution of judgments, etc;
5) where it is necessary to protect the life, property and other significant legitimate rights and interests of the subject of the personal information or other individuals but it is difficult to obtain their authorized consent
6) Where the personal information involved is disclosed to the public by the subject of the personal information himself/herself;
7) where it is necessary for the conclusion and performance of a contract at the request of the subject of personal information
8) Where personal information is collected from information that is legally and publicly disclosed, such as lawful news reports, government information disclosure and other channels;
9) necessary to maintain the safe and stable operation of the products or services provided, such as the detection and disposal of product or service failures;
10) Where the controller of personal information is a news organization and it is necessary for it to carry out legitimate news reporting;
11) Where the controller of personal information is an academic research institution and it is necessary for the conduct of statistical or academic research in the public interest, and where it provides the results of academic research or descriptions to the public by de-identifying the personal information contained in the results.
(v) When we obtain your personal information from third parties
We may obtain your personal information from third parties in certain circumstances as permitted by law.
(vi) Non-personal information
We may also collect other information that is not personally identifiable (i.e. information that is not personal information), such as statistical data generated by your use of certain services, such as device related information, daily activity events and app crashes. This information is collected for the purpose of improving the services we provide to you. The type and amount of information collected depends on how you use our products and/or services. Aggregate data is considered non-personal information for the purposes of this Privacy Policy. If we use non-personal information in combination with personal information, such information will be treated as personal information for the duration of the combination.
(vii) How we use cookies and similar technologies
Audfly and third party service providers and business partners (see "How we share, transfer and publicly disclose your personal information" below for more details) use technologies such as cookies, tags and scripts. These technologies are used to analyse trends, administer the site, track your site activity and collect statistical information about the user base as a whole. We may receive individual or aggregate analytics reports collected through these technologies. These technologies help us to better understand your behaviour, allow us to understand which parts of our website you visit, measure the effectiveness of advertising and web search and improve it. We treat information collected through cookies and other technologies as non-personal information. However, we do treat Internet Protocol (IP) addresses or similar identifiers as personal information if such identifiers are considered personal information under local law.
1) Log files: As with most websites, we collect certain information and store it in log files. Such information may include Internet Protocol (IP) addresses, browser types, Internet Service Providers (ISPs), referring/exit pages, operating systems, date/time stamps, and/or clickstream data. We do not correlate automatically collected log data with other information that we collect.
2) Mobile Analytics: In some mobile applications, we use mobile analytics software to better understand how our mobile software functions in your phone. This software may record information such as how often you use the application, events that occur within the application, cumulative usage, performance data and where application crashes occur. We do not associate the information stored in the analytics software with any personal information you submit in the mobile application.
II. How we share, transfer and publicly disclose your personal information
(i) Sharing:
We do not sell any personal information to third parties.
We may sometimes share your personal information with third parties in order to provide or improve our products or services, including in response to your requests. If you no longer wish to allow us to share this information, please contact us by phone or email.
We ensure that your personal information is shared with third parties only for legitimate, lawful, necessary, specific and explicit purposes. We will use encryption and other means to protect the security of your information; we will reasonably review the data security environment of third parties with whom we share personal information, and will adopt strict confidentiality agreements and data processing agreements that set out the practices and obligations of third parties, require third parties to take adequate protective measures with respect to your information, strictly comply with relevant laws, regulations and regulatory requirements, and ensure that third party service providers comply with the privacy standards applicable in your jurisdiction. You should be aware that the authorisation given to us includes sub-processors for third party service providers.
1) Sharing at your own initiative
Sharing of information within the scope of your authorisation to third parties designated by you, with your express consent or voluntary choice.
2) Sharing information with our affiliates
In order to smoothly engage in business operations to provide you with more complete and richer products or services in their full functionality, we may legally share your personal information with Audfly's affiliates. We will seek your consent in the form of confirmation agreements, textual confirmation in specific scenarios, pop-up alerts, or confirmation that the third party has obtained your consent, as required by laws, regulations and national standards.
We may share your information with our affiliates when they are required to fulfill regulatory requirements for customer identification in order to provide services to you, or for us and our affiliates to jointly provide or recommend services or products to you, or to assist in resolving disputes between you and our affiliates in connection with a transaction.
3) Sharing your personal information with third party service providers
Some of the services in our business are provided by third party service providers, for which we need to provide some of your personal information to third party service providers, click to see how we share your personal information with our partners and third parties.
If we share your personal information with these third parties, we will use encryption and other means to keep your information secure. For companies and organisations with which we share personal information, we will conduct a reasonable review of their data security environment and enter into strict data processing agreements with them. Require that third parties take adequate protective measures for your information and that their collection and use of your personal information, including in silence or when running in the background, does not exceed the minimum frequency necessary to achieve the business function of the product or service, and strictly comply with relevant laws, regulations and regulatory requirements.
4) Other
It may be necessary for us to disclose your personal information as required by law or regulation, legal process, litigation and/or as required by law by public authorities and government departments. We may also disclose information about you if we determine that disclosure is necessary or appropriate in the interests of national security, law enforcement or other matters of public importance.
We may also disclose information about you if we determine that disclosure is reasonably necessary for the protection of our users or for the purposes of detecting, preventing and resolving fraud, unauthorized use of our products, violations of our terms or policies or other harmful or unlawful activities (to avoid, to the extent and only to the extent expressly permitted by local data protection laws, disclosure without your consent)，which may include providing information to public or government agencies; exchanging information with third party partners about the reliability of your Audfly account to prevent fraud, irregularities and other harmful activity within or outside our products.
(ii) Transfer
We will not transfer your information to any subject except:
1) With your express consent;
2) If Audfly is involved in a merger, acquisition or sale of all or part of its assets that involves a transfer of personal information, we will require the new company holding your personal information to continue to be bound by this privacy policy, or we will require that company to obtain your authorisation again. Where applicable, we will notify you of any changes to your personal information ownership, use and any choices you may have regarding your personal information through in-app pop-ups, emails and/or prominent notices on our website.
(iii) Public Disclosure
We will only disclose your personal information publicly if:
1) We have your express consent;
2) Public disclosure based on law or reasonable grounds: including laws and regulations, legal proceedings, litigation or at the request of a government authority.
III. How we keep and protect your personal information
(i) Basic principles of personal information security that we follow
We are committed to the principles of lawfulness, legitimacy and necessity in our personal information processing activities, including:
1) Consistent rights and responsibilities. We will take technical and other necessary measures to safeguard the security of your personal information, and we will voluntarily assume responsibility if we cause damage to your legitimate rights and interests in the course of our personal information processing activities;
2) Clear purpose. We process your personal information for a clear, unambiguous and specific purpose;
3) Opt-in consent. We make clear to you the purpose, manner, scope and other rules for processing personal information and seek your authorised consent;
4) Minimum necessary. We process only the minimum type and amount of personal information necessary to satisfy the purposes for which you have given your authorised consent and delete your personal information promptly after the purposes have been fulfilled;
5) Open and transparent. We will disclose the scope, purposes, rules, etc. for processing personal information in a clear, understandable and reasonable manner, and subject to external scrutiny;
6) Ensuring security. We are committed to ensuring the security of your personal information and implementing security capabilities that match the security risks faced, and taking adequate management measures and technical means to protect the confidentiality, integrity and availability of personal information;
7) Subject participation. We will provide you with the ability to access, correct, and delete their personal information, as well as the means to withdraw authorised consent, cancel Audfly account, and file complaints.
(ii) Our security capabilities and security measures
We are committed to keeping your personal information secure. To prevent unauthorised access, disclosure or other similar risks, we have implemented all legally required processes of physical, electronic and managerial measures to protect the information we collect from your mobile device. We will ensure that your personal information is protected in accordance with applicable law.
All of your personal information is stored on secure servers and protected in controlled facilities. We classify your information according to its importance and sensitivity and ensure that your personal information has the appropriate level of security. Similarly, we have specific access controls in place for cloud-based data storage and we regularly review our information collection, storage and processing practices, including physical security measures, to prevent any unauthorised access and use.
We will conduct due diligence on third party service providers and business partners to ensure that they are capable of protecting your personal information. We will also check that third parties have adopted appropriate security standards by implementing appropriate contractual restrictions and, where necessary, conducting audits and assessments. In addition, we ensure that access to this information helps employees and third party service providers and business partners who provide products or services to you to comply with strict contractual confidentiality obligations.
We will conduct security and privacy training courses, tests and enhance our employees' awareness of the importance of protecting personal information. We will take all practicable and legally required measures to protect your personal information. However, you should be aware that the use of the Internet is not always secure and therefore we cannot guarantee the security or integrity of any personal information transmitted in both directions over the Internet.
We will handle breaches of personal information in accordance with the requirements of applicable data protection legislation and, where necessary, promptly notify the relevant supervisory authorities and data subjects of the relevant data breach.
(iii) What can you do?
Notwithstanding the above measures and the duty of reasonable care, please understand that due to technical limitations and possible malicious acts, it is not possible to avoid all risks even if we have fully implemented security measures and protection methods, and as promised we will do our best to ensure the security of your personal information, and please understand and note that you need to take active measures to protect the security of your personal information.
You can protect your Audfly account at Audfly by not disclosing your login password or Audfly account information to anyone (unless that person is duly authorised by you) and you can set a unique password for Audfly to prevent password compromise on other websites from compromising your account security at Audfly. Do not disclose the verification code you receive to anyone (including anyone claiming to be Audfly customer service) at any time. Whenever you log in to Audfly as a Audfly account user, especially if you are logging in from another person's computer or public internet terminal, you should always log out at the end of the session.
When you leave Audfly equipment products or services to browse or use other products or services provided by a third party, that third party's privacy statement or related policies will apply to any personal information you provide to that third party. Once you leave the Audfly Equipment product or service, we will have no ability or direct obligation to protect any personal information you provide to the third party, so please safeguard your personal information and read the privacy statement or related policies provided by that third party carefully.
Audfly is not responsible for security breaches caused by third parties accessing your personal information as a result of your failure to keep it private. Notwithstanding the foregoing, you should notify us immediately of any unauthorized use of your Audfly account by any other Internet user or any other breach of security.
Your assistance will help us to protect the confidentiality of your personal information.
(iv) Retention Policy
We retain personal information for as long as is necessary for the purposes for which the information was collected as described in this Privacy Policy, or to comply with applicable relevant legal requirements. We will retain your personal information for the duration of your use of Audfly equipment. Personal information will cease to be retained and will be deleted or anonymised when the purpose for which it was collected has been fulfilled, or after we have confirmed your request for deletion or cancellation, or after we have terminated operation of the respective product or service. If it is in the public interest, for scientific, historical research or statistical purposes, we will continue to retain the relevant data in accordance with applicable law, even if further data processing is not related to the original purpose of collection.
IV. Your rights
We take the management of your personal information very seriously and make every effort to protect your rights to access, correct, delete, withdraw authorised consent, cancel your Audfly account, obtain a copy of your personal information and complain about the management of your personal information. You can send your request to service@audfly.com, we will process your request within 7 days of your request, provide you with a response and a reasonable explanation.
(i) Control settings
We recognise that each individual has different privacy concerns. Therefore, we have provided examples of the various ways in which Audfly devices offer you the choice to limit the collection, use, disclosure or processing of your personal information and to control your privacy settings by:
1) Entering or deleting voiceprint information (supported devices only);
2) Turning personalised recommendations on or off;
3) turning the Bluetooth switch on or off;
4) tying or untying devices;
5) logging in or out of your Audfly account.
If you have previously consented to our use of your personal information for the above purposes, you may change your decision at any time by contacting us in writing or by sending a request to service@audfly.com .
(ii) Your rights with respect to your personal information
(1) Access, correction and deletion of your personal information
You have the right to access, correct and delete your personal information that you have provided to us in the course of servicing our products and services and we will respond positively to requests made to us by you as the subject of the personal information, specifically:
You have the right to request access to the personal information you have granted us to collect about you.
If you believe that any information we hold about you is incorrect or incomplete, you may request that the personal information be corrected or improved for the purposes for which it was used.
Depending on the laws and regulations that apply to you, you may have the right to request that we delete your personal data. We will assess your request for erasure and take appropriate steps, including technical measures, if the appropriate regulations are met. Once you or we have assisted you in deleting the relevant information, we may not be able to immediately delete the corresponding information from our backup systems due to applicable laws and security technologies, and we will store your personal information securely and isolate it from any further processing until the backup can be erased or anonymisation is achieved.
Further details relating to your personal information in your Audfly account can be accessed and changed by phone or email or by logging into your Audfly account from your device.
2) Access to automated decision making related explanations and opt-outs
When providing certain services to you, we may make decisions based solely on non-manual automated decision-making mechanisms, including information systems. When making automated decisions, we will ensure that the decisions are transparent and the results are fair and equitable, and provide you with non-personalised options and opt-out methods when pushing. (See 'IV(i) Control settings' for the path to implementation). If you believe that the outcome of an automated decision significantly affects your legal rights, you have the right to request an explanation via email and to refuse to allow us to make a decision solely by means of an automated decision, or to refer the complaint to the relevant regulatory body in your jurisdiction.
3) Obtaining a copy of personal information
Upon your request and subject to applicable law, we may provide you with a copy of the personal information we have collected and processed about you free of charge and, if you make additional requests for such information, we may charge you a reasonable fee based on the relevant applicable law and the actual costs of administration.
4) The requirements your request should comply with
Most laws require that requests made by subjects of personal information follow specific requirements, and this Privacy Policy requires that your request should comply with the following circumstances:
a through our dedicated request channel and, for reasons of protecting the security of your information, your request should be in writing (unless local law expressly recognises oral requests);
b provide sufficient information to enable us to verify your identity and ensure that the person making the request is the person who is the subject of the requested information or a person legally authorised to do so
c once we have sufficient information to confirm that we can process your request, we will respond to your request within the timescales set out in applicable data protection legislation.
We have the right to refuse to process requests that are insubstantial/stalkingly repetitive, requests that compromise the privacy of others, requests that are extremely unrealistic, requests for disproportionate technical work, and requests that are not required to be granted under local law, information that is already in the public domain and information given under conditions of confidentiality. Data deletion or access requests may also be refused if we believe that some aspect of the request may prevent us from using the data lawfully for the aforementioned anti-fraud and security purposes.
(iii) Circumstances under which we may not respond to requests
You should understand that we may not respond to your requests for personal information, including enquiries, corrections, deletions, withdrawal of authorized consent, Audfly account cancellation, and obtaining copies of personal information, in certain circumstances, as required by law or regulation, as follows:
(1) in connection with the performance of obligations imposed by laws and regulations by the controller of personal information
2) directly related to national security or national defence security
3) directly related to public safety, public health, or significant public interest
4) directly related to criminal investigation, prosecution, trial and execution of judgments, etc;
5) where the controller of personal information has sufficient evidence of subjective malice or abuse of rights by the subject of personal information
6) Where it is necessary to protect the life, property and other significant legitimate rights and interests of the subject of personal information or other individuals but it is difficult to obtain the consent of the person
7) Where responding to a request from the subject of personal information would result in serious damage to the legitimate rights and interests of the subject of personal information or other individuals or organizations
8) Where commercial secrets are involved.
When we decide not to respond to your request, we will inform you of the reasons for the decision, and you may refer to the complaint form in "V. Contact Us" to file a complaint, and we will provide you with assistance when you need it.
(iv) Withdrawal of consent
1) You may withdraw your consent to the collection, use and/or disclosure of your personal information in our possession or control by submitting a request to do so. Depending on the specific service you use, you can request to withdraw your consent by sending us an "email" and we will process your request to withdraw your consent within 7 days. We will process your request within a reasonable period of time after you have made it and will not collect, use and/or disclose your personal information thereafter in accordance with your request.
2) Please note that your withdrawal of consent can lead to certain legal consequences. Depending on the scope of the information you have authorised us to process, this may result in you not being able to benefit from Audfly's products or services. However, your decision to withdraw your consent or authorisation will not affect the processing of personal data previously carried out on the basis of your authorisation.
(v) Cancellation of services or Audfly accounts
If you wish to cancel a specific product or service, you can do so in the "Audfly Device App - Settings". We will process your request within 7 days of your request and, upon request, will not collect, use and/or disclose your personal information thereafter (click to view the Audfly account Privacy Agreement).
If you wish to cancel your Audfly account, please do so with caution as this will prevent you from using the full range of Audfly products and services. To protect your legal rights or those of others, we may decide whether to support your cancellation request in the context of your use of Audfly's products and services. For example, if there are outstanding instalments, we may not be able to support your request immediately.
V. Contact us
If you have any comments or questions about this Privacy Policy, or if you have any questions about our collection, use or disclosure of your personal information, please contact us at the address below and mention "Privacy Policy". We have a dedicated team to address your requests for rights, questions, etc. regarding your personal information. If your question itself is about an important matter, we may ask you to provide more information. If you are not satisfied with the response you receive, you can refer your complaint to the relevant regulatory body in your jurisdiction. If you consult us, we will provide you with information on the relevant complaint route that may be applicable in your circumstances.
Contact Address: 3/F, Building 4, Suzhou New District Software Park, No. 78 Ke Ling Road, New District, Suzhou, Jiangsu Province, China
Postal Code: 215163
Contact: +86 4001 581 281
E-mail: service@audfly.com