(A) This Policy

This Policy is issued by each of the  Controller entities listed in Section (Q) below (together, “IWALK”, “we”, “us” and “our”) and is addressed to individuals outside our organisation with whom we interact, including customers, visitors to our Sites, or recipients of any of our other products, services, personnel of corporate customers and vendors, applicants for employment, and visitors to our premises (together, “you”). Defined terms used in this Policy are explained in Section (X) below.

This Policy may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, Personal Information or changes in applicable law. We encourage you to read this Policy carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Policy.

You may also have certain rights regarding the information we collect about you. Specifically, the rights of Data Subjects under the GDPR are explained in Section (N) below. Similarly, U.S. residents in general and California Residents in particular may find information on their rights as a Consumer in Section (U) below.

Intended Audience: Our Sites, products, or services are not directed to children under the age of 13. As a result, our Sites, products, or services do not request or knowingly collect personal information from individuals under the age of 13. If you are not 13 or older, you should not visit or use our  Sites, products, or services .

This Policy was last updated on July 10, 2023

(B)   Collection of Personal Data

Collection of Personal Data: We collect or obtain Personal Data about you from the following sources:
• Data provided to us: We obtain Personal Data when those data are provided to us (e.g., when you register an account with us; where you contact us  via email or telephone, or by any other means, or when you provide us with your business card, or when you submit a job application).
• Relationship data: We collect or obtain Personal Data in the ordinary course of our relationship with you (e.g., we provide a service to you).
• Data you make public: We collect or obtain Personal Data that you manifestly choose to make public, including  via social media (e.g., we may collect information from your social media profile(s), if you make a public post about us).
• Site data: We collect or obtain Personal Data when you visit any of our Sites or use any  features  or  resources  available  on or through  a Site.
• Registration details: We collect or obtain Personal Data when you use, or register to use, any of our Sites, products, or services.
• Content and advertising information: If you interact with any third party content or advertising on  our Site(including third party plugins and cookies) we receive Personal Data from the relevant third party provider of that content or advertising.
• Third party information: We collect or obtain Personal Data from third parties who provide it to us (e.g., credit reference agencies; law enforcement authorities; etc.).

(C)   Creation of Personal Data

We also create Personal Data about you in certain circumstances, such as records of your interactions with us, and details of your past interactions with us. We may also combine Personal Data from any of our Sites, products or services, including where those data are collected from different devices.

(D)   Categories of Personal Data we Process

We Process the following categories of Personal Data about you:
• Personal details: given name(s); preferred name; and photograph.
• Demographic information: gender; date of birth / age; nationality/district; and language preferences.
• Contact details: address; shipping address; telephone number; email address; online messaging details; and social media details.
• Consent records: records of any consents you have given, together with the date and time, means of consent and any related information (e.g., the subject matter of the consent).
• Purchase details: records of purchases and prices; consignee name; address; contact telephone number; email address; details of returns; warranty details;
• Payment details: invoice records; payment records; billing address; payment method; last four digits of bank account number or credit card number; cardholder or accountholder name; card or account security details; card ‘valid from’ date; card expiry date.
• Data relating to our Sites: Internet Protocol (IP) address; internet service provider; referring/exit pages; language settings; dates and times of connecting to a Site.
• Server logs: records of events on our servers, including search queries; IP addresses; hardware settings; browser type; browser language; the date and time of request; referral URL; and certain cookies that identify your browser or Account.
• Content and advertising data: records of your interactions with our online advertising and content, records of advertising and content displayed on pages displayed to you, and any interaction you may have had with such content or advertising (e.g., mouse hover, mouse clicks, any forms you complete in whole or in part).
• Views and opinions: any comments, views and opinions that you choose to send to us, or publicly post about us on social media platforms.
• Cookie data: personal data collected via cookies and other similar technologies – please see our [Cookie Policy] for more details

(E) Purposes of Processing and legal bases for Processing

The purposes for which we Process Personal Data, subject to applicable law, and the legal bases on which we perform such Processing, are as follows:

(F) Disclosure of Personal Data to third parties

We disclose Personal Data to other entities within the IWALK group, for legitimate business purposes and the operation of our Sites  to you, in accordance with applicable law. In addition, we disclose Personal Data to:
• you and, where appropriate, your appointed representatives;
• legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
• accountants, auditors, consultants, lawyers and other outside professional advisors to IWALK, subject to binding contractual obligations of confidentiality;
• third party Processors (such as email service providers; marketing/advertising service providers; venue operators; payment services providers; shipping companies; postal carriers; etc.), located anywhere in the world, subject to the requirements noted below in this  Section (G);
• any relevant party, regulatory body, governmental authority, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal claims;
• any relevant party, regulatory body, governmental authority, law enforcement agency or court, for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties;
• any relevant third party acquirer(s) or successor(s) in title, in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); and
• any relevant third party provider, where our Sites and our Apps use third party advertising, plugins or content. If you choose to interact with any such advertising, plugins or content, your Personal Data may be shared with the relevant third party provider. We recommend that you review that third party’s privacy policy before interacting with its advertising, plugins or content.
If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.

(G)  International transfer of Personal Data

Because of the international nature of our business, we transfer Personal Data within the IWALK group, and to third parties as noted in Section (F) above, in connection with the purposes set out in this Policy. For this reason, we transfer Personal Data to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located, including China, the EU, the UK, and the US.

If an exemption or derogation applies (e.g., where a transfer is necessary to establish, exercise or defend a legal claim) we may rely on that exemption or derogation, as appropriate. Where no exemption or derogation applies, and we transfer your Personal Data from the UK or the EEA to recipients located outside the UK or the EEA (as applicable) who are not in Adequate Jurisdictions, we do so on the basis of [Standard Contractual Clauses]. You are entitled to request a copy of our [Standard Contractual Clauses] using the contact details provided in Section (Q) below.

Please note that when you transfer any Personal Data directly to any IWALK  entity established outside the UK or the EEA (as applicable), we are not responsible for that transfer of your Personal Data. We will nevertheless Process your Personal Data, from the point at which we receive those data, in accordance with the provisions of this Policy.

(H) Data security

We have implemented appropriate technical and organisational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with applicable law.Because the internet is an open system, the transmission of information  via the internet is not completely secure. Although we will implement all reasonable measures to protect your Personal Data, we cannot guarantee the security of your data transmitted to us using the internet – any such transmission is at your own risk and you are responsible for ensuring that any Personal Data that you send to us are sent securely.

(I) Data accuracy

We take every reasonable step to ensure that:
• your Personal Data that we Process are accurate and, where necessary, kept up to date; and
• any of your Personal Data that we Process that are inaccurate (having regard to the purposes for which they are Processed) are erased or rectified without delay.
From time to time we may ask you to confirm the accuracy of your Personal Data.

(J) Data minimisation

We take every reasonable step to ensure that your Personal Data that we Process are limited to the Personal Data reasonably necessary in connection with the purposes set out in this Policy.

(K) Data retention

We take every reasonable step to ensure that your Personal Data are only Processed for the minimum period necessary for the purposes set out in this Policy. The criteria for determining the duration for which we will retain your Personal Data are as follows:

During the periods noted in paragraphs (2)(a) and (2)(b) above, we will restrict our Processing of your Personal Data to storage of, and maintaining the security of, those data, except to the extent that those data need to be reviewed in connection with any legal claim, or any obligation under applicable law.
 
Once the periods in paragraphs (1), (2) and (3) above, each to the extent applicable, have concluded, we will either:
• Permanently delete or destroy the relevant Personal Data; or
• Anonymize the relevant Personal Data.

(L) Your legal rights

Subject to applicable law, you may have the following rights regarding the Processing of your Relevant Personal Data:
• The right not to provide your Personal Data to us (however, please note that we will be unable to provide you with the full benefit of our Sites, if you do not provide us with your Personal Data – e.g., we might not be able to process your requests without the necessary details);
• The right to request access to, or copies of, your Relevant Personal Data, together with information regarding the nature, Processing and disclosure of those Relevant Personal Data;
• The right to request rectification of any inaccuracies in your Relevant Personal Data;
• The right to  request, on legitimate grounds:
• Erasure of your Relevant Personal Data; or
• Restriction of Processing of your Relevant Personal Data;
• The right to have certain Relevant Personal Data transferred to another Controller, in a structured, commonly used and machine-readable format, to the extent applicable;
• Where we Process your Relevant Personal Data on the basis of your consent, the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any Processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the Processing of your Personal Data in reliance upon any other available legal bases);
• And the right to lodge complaints regarding the Processing of your Relevant Personal Data with a Data Protection Authority (in particular, the UK Information Commissioner’s Office, or the Data Protection Authority of the EU Member State in which you live, or in which you work, or in which the alleged infringement occurred, each if applicable).

Subject to applicable law, you may also have the following additional rights regarding the Processing of your Relevant Personal Data:
• The right to object, on grounds relating to your particular situation, to the Processing of your Relevant Personal Data by us or on our behalf, where such processing is based on Articles 6(1)(e) (public interest) or 6(1)(f) (legitimate interests) of the GDPR; and
• The right to object to the Processing of your Relevant Personal Data by us or on our behalf for direct marketing purposes.

This does not affect your statutory rights.

To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Policy, or about our Processing of your Personal Data, please use the contact details provided in Section (Q) below. Please note that:
• In some cases it will be necessary to provide evidence of your identity before we can give effect to these rights; and
• Where your request requires the establishment of additional facts (e.g., a determination of whether any Processing is non-compliant with applicable law) we will investigate your request reasonably promptly, before deciding what action to take.

(M) Terms of Service

All use of  our  Sites or services is subject to our  Terms of Service . We recommend that you review our Terms of Use regularly, in order to review any changes we might make from time to time.

(N) Direct marketing

We Process Personal Data to contact you  via email, telephone, direct mail or other communication formats to provide you with information regarding Sites  that may be of interest to you. We also Process Personal Data for the purposes of displaying content tailored to your use of our Sites, Apps, products, or services. If we provide Sites to you, we may send or display information to you regarding our Sites, upcoming promotions and other information that may be of interest to you, including by using the contact details that you have provided to us, or any other appropriate means, subject always to obtaining your prior opt-in consent to the extent required under applicable law.

You may unsubscribe from our promotional email list at any time by simply clicking on the unsubscribe link included in every promotional electronic communication we send  or by unsubscribing online at  https://mulpass.IWALK.com/unsubscribe/?app=IWALKus. After you unsubscribe, we will not send you further promotional emails, but in some circumstances we will continue to contact you to the extent necessary for the purposes of any  Sites, Apps, products, or services  you have requested.

(O) Details of Controllers

For the purposes of this Policy, the relevant Controllers are:

For general enquiries, or to exercise any of the rights set out in this Policy, please contact support@IWALK.com.

(P) Representatives

Each of the controllers established outside the EEA and listed in  Section (Q) above has appointed  Support Team to be its representative the purposes of Article 27 of the GDPR, where applicable.

Each of the controllers established outside the UK and listed in Section (Q) above has appointed Support Team  to be its representative the purposes of Article 27 of the UK GDPR, where applicable.

(Q) Analytics and Tailored Advertising

When you visit a Site, we will typically place Cookies onto your device, or read Cookies already on your device, subject always to obtaining your consent, where required, in accordance with applicable law. We use Cookies to record information about your device, your browser and, in some cases, your preferences and browsing habits. We Process Personal Data through Cookies and similar technologies, in accordance with applicable laws.

Certain Cookies may be stored on your machine by third parties when you use our Sites. We have no control over these Cookies or how the third parties use them. These Cookies allow third parties to provide us with a service, for example, analytics about the effectiveness of our marketing activities and user behaviour.

Regular Cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options, so you may need to set them separately. With respect to our web services you can stop all collection of information via a web service by not using that web service. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device or internet browser. You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.

You may opt-out of targeted advertising utilizing the Digital Advertising Alliance (“DAA”) AdChoices Program at optout.aboutads.info. For more information on the DAA AdChoices Program at visit www.youradchoices.com. In addition, the Network Advertising Initiative (“NAI”) has developed a tool that allows consumers to opt out of certain Tailored Advertising delivered by NAI members’ advertising networks. To learn more about opting out of such targeted advertising or to use the NAI tool, see https://optout.networkadvertising.org/.

(R) Do Not Track
Most browsers can be set to send signals to third party websites requesting them not to track the user’s activities. At this time, we do not respond to “do not track” signals. Consequently, third parties may indeed track and collect information about your online activities over time while navigating to, from and on our online services, notwithstanding any “do not track” signals we may receive.

(S) California Consumer Privacy Act Disclosures

Under the California Consumer Privacy Act (“CCPA”), we must disclose our practices regarding the collection, use, and disclosure of the Personal Information of California Residents (“Consumers”). Consumers are also afforded additional rights with regard to the Personal Information we collect about them that include the rights of access, deletion, and to be free from discrimination. This section of our Privacy Policy includes the disclosures required by the CCPA and Section (V) below describes the rights afforded to Consumers. We also describe the methods by which a Consumer may exercise these rights and some of the statutory exceptions that may apply. This Section (U) applies to IWALK’s Sites , which includes brands IWALK, SoundCore, Eufy, Nebula, IWALKWork, IWALKMake (together, “IWALK’s Official Websites”).

(T) Categories of Sources of Personal Information

We collect or obtain Personal Information about you on our Websites and Applications from the following sources:
• Data provided to us by consumers and app users: We obtain Personal Information when it is provided to us (e.g., where you create an account, where you contact us  via email or telephone, or by any other means, or when you submit a job application).

Disclosure of Personal Information
We do not Sell any personal information to third parties. In particular, we do not Sell the personal information of minors under 16 years of age. In the preceding 12 months, we have disclosed the following categories of personal information to the following categories of recipients:

The purposes for which we disclose personal information are described in more detail in Section (G) above.

Consumer Rights under the California Consumer Privacy Act

If you are a Consumer, the CCPA grants you the following rights regarding your Personal Information. Generally, in order to verify your requests to exercise your rights, we will compare the personal information we have about you to pieces of personal information we will request in the course of processing your request. The personal information required for verification may include your name, email address, phone number, or postal address. We will deliver a response to you within 45 days of receiving your verifiable consumer request. To exercise your rights under the CCPA, please follow the instructions described in this section.

Right to Know About Personal Information. Consumers have the right to submit a verifiable consumer request that we disclose the following in a readily useable format, covering the 12 month period preceding the verifiable consumer request:
• The categories of Personal Information we collected about you.
• The purposes for which the categories of Personal Information collected about you will be used.
• The categories of sources for the Personal Information we collected about you.
• The categories of third parties with whom we share Personal Information.
• Our business or commercial purpose for collecting Personal Information.
• The specific pieces of Personal Information we collected about you.
• The categories of Personal Information we have disclosed for a business purpose.

Verifiable consumer requests to know may be submitted through the following method:
• email at: support@IWALK.com or DPO@IWALK.com

Right to Request Deletion of Personal Information. Consumers have the right to request that we delete any Personal Information that we have collected from them. However, we are not required to comply with a request to delete where it is necessary for us to retain the Personal Information in order to:
• Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Debug products to identify and repair errors that impair existing intended functionality.
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with legal obligations.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Verifiable consumer requests to delete may be submitted through the following method:
• Email at: support@IWALK.com or DPO@IWALK.com

Right to Non-Discrimination. Consumers have the right to be free from discrimination when they exercise their Consumer rights under the CCPA, and should you exercise those rights we cannot:
1. Deny you goods or services.
2. Charge you a different price or rate for goods or services, including through granting discounts or other benefits, or imposing penalties.
3. Provide you a different level of quality of goods or services.
4. Suggest that you may receive a different rate for goods or services or a difference level or quality of goods or services.

Notice of Financial Incentive. We do not offer financial incentives or price or service differences to consumers who provide personal information.

Authorized Agent. Under the CCPA, you may appoint an authorized agent to submit requests to exercise your rights on your behalf. Should you choose to do so, for your and our protection, we will require your authorized agent to provide us with a signed permission demonstrating they are authorized to submit a request on your behalf. We note, should your authorized agent fail to submit proof that they have been authorized to act on your behalf, we will deny their request.

(T) California’s “Shine the Light” Law

Under California’s “Shine the Light” law, California residents are entitled to ask us for a notice describing what categories of personal customer information IWALK shares with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident, and would like a copy of this Policy, please submit a written request to support@IWALK.com or DPO@IWALK.com.

(U) Contact Us

If you have questions or concerns with respect to our Privacy Policy, you may contact us at support@IWALK.com or DPO@IWALK.com

(V) Definitions

• “Adequate Jurisdiction” means a jurisdiction that has been formally designated by the European Commission as providing an adequate level of protection for Personal Data.
• “California Resident” means (1) every individual who is in the State of California for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the State of California who is outside the state for a temporary or transitory purpose.
• “Cookie” means a small file that is placed on your device when you visit a website (including our Sites). In this Policy, a reference to a “Cookie” includes analogous technologies such as web beacons and clear GIFs.
• “Controller”  means the entity that decides how and why Personal Data are Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.
• “Data Protection Authority” means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.
• “EEA” means the European Economic Area.
• “GDPR” means the General Data Protection Regulation (EU) 2016/679.
• “Personal Data” means information that is about any individual, or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
• “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information includes, but is not limited to, the following if it identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household:
  • Personal identifiers,
  • Categories of personal information described in Cal. Civ. Code § 1798.80(e);
  • Characteristics of protected classifications under California or federal law;
  • Commercial information;
  • Biometric information;
  • Internet or other electronic network activity information;
  • Geolocation data;
  • Audio, electronic, visual, thermal, olfactory, or similar information;
  • Professional or employment related information;
  • Education information; and
  • Inferences for use in creating a consumer profile.
• “Process”, “Processing” or “Processed” means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
• “Processor”  means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).
• “Profiling” means any form of automated Processing of Personal Data consisting of the use of Personal Data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
• “Relevant Personal Data” means  Personal Data in respect of which we are the Controller.
• “Sell” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration. A business does not sell personal information when:
  • A consumer uses or directs the business to intentionally disclose personal information or uses the business to intentionally interact with a third party, provided the third party does not also sell the personal information, unless that disclosure would be consistent with the provisions of this title. An intentional interaction occurs when the consumer intends to interact with the third party, via one or more deliberate interactions. Hovering over, muting, pausing, or closing a given piece of content does not constitute a consumer’s intent to interact with a third party;
  • The business uses or shares an identifier for a consumer who has opted out of the sale of the consumer’s personal information for the purposes of alerting third parties that the consumer has opted out of the sale of the consumer’s personal information;
  • The business uses or shares with a service provider personal information of a consumer that is necessary to perform a business purposes if both of the following conditions are met:
  • The business has provided notice that information being used or shared in its terms and conditions consistent with Section 1798.135 of the CCPA;
  • The service provider does not further collect, sell, or use the personal information of the consumer except as necessary to perform the business purpose; or the business transfers to a third party the personal information of a consumer as an asset that is part of a merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the business provided that information is used or shared consistently with Sections 1798.110 and 1798.115 of the CCPA.
• “Sensitive Personal Data” means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership,  biometric data, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that are deemed to be sensitive under applicable law.
• “Standard Contractual Clauses” means template transfer clauses adopted by the European Commission or adopted by a Data Protection Authority and approved by the European Commission.
• “Site” means any website operated, or maintained, by us or on our behalf.