Vivo Privacy Policy

Welcome!  Vivo Mobile Communication Co., Ltd. (“Vivo,” “we” or “us”), having the principle place of business at #283, BBK Road, Wusha, Chang'an, Dongguan, Guangdong, China, developed this Vivo Privacy Policy (hereinafter referred as “Privacy Policy”) for your reference so that you will be able to understand how we process your personal data when you interact with vivo.com, vivoglobal.com, or other websites of Vivo, or when you use or visit products, services, applications, functions, or other digital properties of Vivo (e.g., VivoCloud, V-Appstore, Vivo’s User Experience Improvement Plan) and any other locations where this Privacy Policy may be posted (collectively, the “Services”). Please read our privacy practices carefully and Contact Us if you have any questions. By continually visiting or using the Services, you acknowledge the terms of this Privacy Policy and the collection, use and disclosure of your personal data as set out in this Privacy Policy.

Contents & Summary

A table summarizing the contents of this Privacy Policy appears below, followed by the policy in full.  Should there be any discrepancy between the table and the full Privacy Policy, the language of the full Privacy Policy shall govern.

FULL PRIVACY POLICY

1.               Terms and Definitions

Data controller means legal entity (alone or jointly with others) determining the purposes and means of the processing of personal data. Vivo is the data controller, if not otherwise determined by law.

Personal data means any information relating to (directly or indirectly) identified or identifiable nature person ("data subject"). an identifiable natural person is one who can be identified, directly or indirectly, 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 natural person; You (user or visitor of the Services) are the data subject.

International transfer means transmission of personal data to the territory of a foreign state, public authority of a foreign state, foreign individual or foreign legal entity.

2.               Legal Grounds to Processing of Personal Data

Vivo will process your personal data where there is at least one of the following legal grounds to such processing:

(a)               Consent: You have provided your consent to processing of personal data. In order for your consent to be valid:

• It has to be given freely, without us putting you under any type of pressure;
• You have to know what you are consenting to – so we will make sure we give you enough information;
• You should only be asked to consent to one thing at a time – we therefore avoid "bundling" consents together and will give you layered notice; and
• You need to take positive and affirmative action in giving us your consent –we will only collect opt-in consent from you and will not use any pre-ticked boxes for collecting opt-out consent.

(b)              Contract: Processing of personal data is required to enter into and to perform the contract with you.

(c)               Legal obligations: Processing of personal data is required to perform our obligations and carry out our functions imposed on us by virtue of applicable laws.

(d)              Legitimate interests: Processing of personal data is required to exercise our legitimate rights and interests, and those rights and interests are not outweighed by any potential prejudice to you. We believe that our use of your personal data is within a number of our legitimate interests, including but not limited to:

• To help us understand our customers better and provide better, more relevant services to them;
• To ensure that our Services runs smoothly;
• To help us keep our systems secure and prevent unauthorized access or cyber-attacks; and
• To drive commercial value for the benefit of our shareholders.

We don't think that any of the activities set out in this Privacy Policy will prejudice you in any way. However, you do have the right to object to us processing your personal data on this basis. We have set out details regarding how you can go about doing this in section 11 below.

(e)               Research: Personal data is processed for research and statistical purposes provided that Vivo anonymizes such personal data.

3.               Information We Collect

(a)               Registration and account information:  You may use some of the Services without telling us who you are or revealing any personal data about yourself.   If you choose to register for an account (Vivo Account or other account available at Vivo) with us, we require you to create a username and password. You will be asked to give us your personal data during the registration and such personal data is not anonymous to us.  When you register an account or otherwise engage with our Services, you may provide personal data such as name, age, gender, physical address, email address, phone number, education, work, and other relevant information. We may request you to provide identity information, such as ID number or passport number, for verification purpose if so required by applicable laws. If you need to purchase products or services through your account, information related to payment will be required, e.g. payment method, bank account, etc. Personal data is only associated with your account/profile when you sign in as a registered user. When you need to activate or extend the warranty period or use other value added services, you may use the E-warranty card function and may be asked to provide your name, contact information, gender, age, and date of birth. When you need to call a third party service, we may also collect your identity information in cyberspace, including mobile phone number / micro signal / Alipay account / Weibo account / Vivo Account and other relevant information.

(b)              Information to respond to your requests: You may give us your personal data and financial and payment information so we can respond to your questions and requests (in relation to registration and account, or otherwise). 

(c)               Online survey and online marketing: The information you provide through our online survey or during our online marketing activities will be collected by Vivo, such as information collected during new product release, product promotion, and other marketing activities. The information collected includes personal data and other information such as video and sound, financial payment information (expiration date of bank card, etc.), personal financial information (bank account, etc.), behavioral habits and social activities information (life style, preference, etc.), educational and employment information (title, salary, diploma, qualification, etc.)

(d)              Purchasing of products and services and customer service:  We may collect information from you during your purchasing of products and services online, such as ordering, shipping, return/change, refund, reviewing and invoicing in relation to products and services provided online. We may also collect information from you during our providing customer service to you in relation to the products and services provided online. The information collected include personal data and other information such as video and sound, telecommunication information (contact information, etc.), financial payment information (expiration date of bank card, etc.), personal financial information (bank account, etc.), behavioral habits and social activities information (life style, preference, immigration, visa, etc.), educational and employment information (title, salary, diploma, qualification, etc.)

(e)               Jovi service platform: The information we collect through the Jovi service platform including personal information, telecommunication information (contact information, text, etc.), financial payment information (transaction account, transaction log, expiration date of bank card, etc.), communication security information(race, etc.), personal financial information (bank account, investment, etc.), behavioral habits and social activities information (life style, preference, etc.), educational and employment information ( title, salary, diploma, qualification, etc.)

(f)                The information we collect through the big data and the AI applications including personal information, telecommunication information (contact information, text, etc.), financial payment information (transaction account, transaction log, expiration date of bank card, etc.), communication security information(race, etc.), personal financial information (bank account, investment, etc.), behavioral habits and social activities information (life style, preference, etc.), educational and employment information ( title, salary, diploma, qualification, etc.), video and sound information （photo, audio, video, etc.)

(g)              Information from other sources: The information we collect may be combined with information from outside records (e.g., demographic information, navigation information, additional contact information) that we have acquired in accordance with the law. Vivo will process your personal data in this way only where there are legal grounds to such processing.

(h)              Mobile information and device data information: We may collect additional information from you if you access our Services through a mobile device, e.g., country or region code of your device, IMEI, eMMC ID, UFS ID, SIM and IMSI, or other unique identifier of the device, device module, version of or other information about your device’s operating system, CPU information, storage condition, configuration and parameter of screen, IP address, MAC address, mobile carrier, postal code, language and other settings, location or GPS/geo-location, applications information, and other information that may relate to the mobile device you use.

(i)                 Technical usage information:  When you visit or use our Services, we collect usage information sent to us by your computer, mobile, or other access device that tells us the number of visitors to the Services and when and how you are using the Services (“usage information”), such as the time and duration of your use of the Services and logs that may refer to you use of or the error in your use of the Services.  We use tracking technologies (including e.g. unique device identifiers, referrer URL and location from your devices) when you use certain applications or features. To learn more about how we use tracking technologies and cookies, see Section 11 of this Privacy Policy.

(j)                 Other Information: When you use some of the Services and such Services may require specific use of your information, we will specify such information in separate terms, agreements, or privacy policies and will collect, process, use, or transfer such information according thereto and get your consent accordingly.

(k)            We do not process sensitive personal data, i.e. personal data that reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data and biometric data for the purpose of uniquely identifying a natural person, and data concerning health or data concerning a natural person’s sex life or sexual orientation. However, in certain functions or circumstances where we need to process such sensitive personal data (such as facial feature, fingerprint feature, voice recording, heart rate, step count, etc.), we will get your consent explicitly in advance.

4.               Purposes of Processing of Personal Data

Vivo will process your personal data to fulfill the following purposes:

(a)               Operate our Services:  We process collected personal data to (i) provide, maintain, improve, protect, and develop all of our services, products, content, and advertisements; (ii) send notices to you of our software updates, updated policies or other information that we believe may be important to you; (iii) analyze and develop data and information on use of services and products to provide better services and products; (iv) interact with you about your device, services, or any of your questions and requests; (v) administer promotional activities, such as sweepstakes, contests, or other similar events; (vi) conduct after-sales and customer support activities; (vii) improve our loss prevention and anti-fraud programs; (viii) prevent further loss and implement anti-fraud programs.

(b)              Analyze and aggregate non-personal usage information:  We use aggregate and anonymized usage information about our users, technical usage data and non-personal data to analyze the Services and user behavior and prepare aggregated reports to, for example, provide better products and services to our customers. 

(c)               Understand how you use our products:  We may use information to understand how you use our products/services. For example, we may collect your search queries to improve accuracy and relevancy of results provided by our services.

(d)              Marketing: This marketing may relate to (i) products and services we (or permitted third parties) feel may interest you; (ii) information about other goods and services we offer that are similar to those that you have already used or enquired about; (iii) upcoming events, promotions and new products/services or other opportunities as well as those of selected third parties; and (iv) information regarding any applicable loyalty programs (including points earned and free, bonus and promotional points).

We will address marketing, advertising, promotional and information materials only based on your prior explicit opt-in consent to receipt of such communications. We will ensure that each such material contains a link allowing you to unsubscribe from receipt of such materials.

(e)               Customer research: We may use information (including your personal information) to research and determine customer preference.

(f)                Sales and customer service: We may use information (including your personal information) for ordering, shipping, return/change, refund, reviewing and invoicing in relation to products and services provided online.

(g)              Account management: We may use information (including your personal information) for your registration and close of account and similar activities available at our Services.   

5.               Ways of Processing of Personal Data

We will carry out the following operations on your personal data with the use of both automatic and non-automatic means of processing: collection, recording, systematization, accumulation, storage, alteration (update, modification), retrieval, use, transfer (provision, access), depersonalization, blocking, deletion (destruction) of personal data.

Such processing includes ‘profiling’ that consists of any form of automated processing of personal data evaluating the personal aspects relating to a natural person, in particular to analyze or predict aspects concerning the data subject’s performance at work, economic situation, health, personal preferences or interests, reliability or behavior, location or movements.

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. If any exception situation applies, we will inform you the exact situation.

In any case, such processing is subject to suitable safeguards, which includes specific information to you and the right to obtain human intervention, to express your point of view, to obtain an explanation of the decision reached after such assessment and to challenge the decision.

6.               Retention Terms

We process your personal data as long as it is necessary to fulfill the purpose of its processing. We will terminate processing of your personal data if you cancel your account and withdraw your consent, unless we are entitled (or obliged) to continue processing your personal data on other legal grounds.

When it is no longer necessary to retain your personal data, we will delete the personal data that we hold about you from our systems, unless the personal data is required to be stored for longer periods solely for archiving purposes in the public interest, scientific or historical research purposes. While we will endeavor to permanently erase your personal data once it reaches the end of its retention period, some of your personal data may still exist within our systems, for example if it is waiting to be overwritten. For our purposes, such data has been put beyond use, meaning that, while it still exists in the electronic ether, our employees will not have any access to it or use it again.

7.               How Vivo Shares Your Personal Data

Information collected on the Services may be shared with:

(a)               Vivo Affiliated Entities. We may share the personal data we collect about you with the Vivo group companies and their and our affiliates and subsidiaries.  .

(b)              Authorized Partners.  We may disclose your personal data to authorized partners of Vivo as follows: advertisement companies, research companies, third party data service provider (i.e. our data processors), consignment suppliers, logistic companies, online service suppliers, proxy agencies, e-commercial platforms, third party application services. We require authorized partners to comply with this Privacy Policy and to take necessary and reasonable measures to protect your information. Vivo will never allow any authorized third party to use your personal data for any other purpose other than this Privacy Policy.

(c)               Legal and law enforcement.   We are required to disclose your personal data by local judicial or governmental authorities, agencies or as mandated under applicable laws.

(d)              Change of control – New Owners.  In the event of any merger, restructuring or bankruptcy, Vivo may also provide your personal data to related third parties without further consent from you.

When sharing your personal data with Vivo Affiliated Entities, Authorized Partners and New Owners, we require that they securely store the personal data we provide to them and all such entities are contractually bound by us to keep the personal data confidential.

8.               Your Rights

Being a data subject, you have other rights with respect to your personal data in accordance with Privacy Act 1988, Australian Privacy Principle. and other applicable laws. You can access to your personal data, require its rectification, blocking, deletion by sending an email to privacy@Vivoglobal.com as set forth in Contact Us Section of this Privacy Policy. We shall at no time however be responsible/ liable for the authenticity/ veracity of the information you provide. Please note that we may keep a record of your communications to help us resolve any issues which you raise.

You have the following rights in relation to your personal data:

1. Right to object

This right enables you to object to us processing your personal data where we do so for one of the following reasons:

• because it is in our legitimate interests to do so;
• to enable us to perform a task in the public interest or exercise official authority;
• to send you direct marketing materials; or
• for scientific, historical, research, or statistical purposes.

2. Right to withdraw consent

Where we have obtained your consent to process your personal data for certain activities (for example, for marketing), you may withdraw this consent at any time and we will cease to use your personal data for that purpose unless we consider that there is an alternative legal basis to justify our continued processing of your personal data for this purpose, in which case we will inform you of this condition.

You have the right to withdraw your consent to the processing of your personal data any time with effectiveness for the future. For this, please send your withdrawal request to privacy@Vivoglobal.com. Your personal data will be deleted within reasonable time period after receipt of your withdrawal. We draw your attention that in such case we may continue processing of your personal data if we are entitled (or obliged) to continue processing your personal data on other legal grounds.

3. Data subject access requests

You may ask us for a copy of the information we hold about you at any time, and request us to modify, update or delete such information. Additionally, you have the right to access to the following information:

• the purposes of the processing;
• the categories of personal data concerned;
• the recipients or categories of recipient of the personal data;
• the envisaged period for which the personal data will be stored, or the criteria used to determine that period;
• the existence of the right to request from the controller rectification of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
• the right to lodge a complaint with a supervisory authority;
• where the personal data are not collected from the data subject, any available information as to their source;
• the existence of automated decision-making, including profiling;
• personal data are transferred to a third country or to an international organisation, the appropriate safeguards pursuant to Article 8 of Australian Privacy Principle relating to the transfer.

If we provide you with access to the information we hold about you, we will not charge you for this unless permitted by law. If you request further copies of this information from us, we may charge you a reasonable administrative cost.  Where we are legally permitted to do so, we may refuse your request. If we refuse your request we will always tell you the reasons for doing so.

4. Right to restrict processing

You have the right to request that we restrict our processing of your personal data in certain circumstances, for example if you dispute the accuracy of the personal data that we hold about you or you object to our processing of your personal data for our legitimate interests. If we have shared your personal data with third parties, we will notify them about the restricted processing unless this is impossible or involves disproportionate effort. We will, of course, notify you before lifting any restriction on processing your personal data.

5. Right to rectification

You have the right to request that we rectify any inaccurate or incomplete personal data that we hold about you. If we have shared this personal data with third parties, we will notify them about the rectification unless this is impossible or involves disproportionate effort. You may also request details of the third parties that we have disclosed the inaccurate or incomplete personal data to. Where we think that it is reasonable for us not to comply with your request, we will explain our reasons for this decision.

6. Right to complain

You have the right to lodge a complaint with the relevant supervisory authority.

9.               Tracking Technologies (Cookies)

When you visit or use the Services, we and our business partners may use tracking technologies to enhance your online experience or customize our offerings. Tracking technologies include:

Cookies:  A Cookie is a type of specific identifier to enable your device to be identified by our system. Our websites, online services, Internet applications, email, and advertisement may use cookies and other similar technologies (such as pixel tags and web beacons). The cookies will not be used to determine your identity, save as expressly stated otherwise herein. They are only used to provide you with better user experience and improve our services.  Sometimes we will store cookies on your device to record your preferences and provide personalized services. It may also record your login credentials, so you do not have to enter this information each time you sign in.  Current browser configurations have settings to accept and limit the level of cookies. Most browsers are initially set up to accept HTTP cookies.  The “help” feature of the menu bar on most browsers will tell you how to stop accepting new cookies, how to receive notification of new cookies, and how to disable existing cookies.  For more information about HTTP cookies and how to disable them, you can consult the information at www.allaboutcookies.org/manage-cookies/. You may at any time disable cookies. You can still use the Services even if you do not accept cookies, but please note that certain services may be designed to work with cookies, and disabling cookies may affect your use of such services or part of the service.

Web beacons/pixel tags:  We may use cookie-like technology, such as web beacons (or “pixel tags”), to send information from your device to server.

Web beacons are generally embedded in e-mail and online video. With beacon, we can read some specific information from your device, such as whether the e-mail has been opened, device IP, and so on.

When providing consent in the Services, you are deemed to agree that cookies and web beacons will be stored on your device. We will not use cookies or collect any personal data for any purpose other than those stated in this Privacy Policy.

A few additional important things you should know about our use of tracking technologies (cookies):

Third party tracking: You may encounter tracking technologies/cookies from our third party service providers that we have allowed on our site that assist us with various aspects of our web site operations and services, such as Google Analytics.  You can learn more about Google Analytics here.

10.          Third Party Links

Our Services may contain links to other third party websites, products and services, or use or offer products or services from third parties. Information collected by third parties is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties. We are not responsible for the privacy practices or the content of these third party sites.

11.          Security

Vivo takes security measures to protect your information, including but not limited to technical and physical measures. However, please note that although we have implemented these measures, there is no security measure that can guarantee the absolute safety and security of your information.  We cannot guarantee the security of your personal data transmitted over the internet and we do not warrant the security of any information, including personal data, which you transmit to us over the internet. If you believe that your login credentials have been compromised, please contact us at once. When you use some Vivo products, services, or applications, the personal data and you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal data you choose to share or submit in these instances. It is your responsibility to make sure that your personal data is accurate.

Below are some examples of data security measures we undertake:

(a)               Arrangement of regime ensuring security of the premises where the informational system used to personal data processing is located. Such regime shall prevent any uncontrolled access to or stay in such premises of persons having no rights to access such premises.

(b)              Ensuring safety of the personal data mediums.

(c)               Approving the document, determining the list of persons who are authorized to access the information system where the personal data are processed.

(d)              Using means for protection of the information.

(e)               Appointment of a data protection officer.

(f)                Identification of threats to the security of personal data while they are being processed in our information systems.

(g)              Assessing the effectiveness of measures taken to ensure the security of personal data.

(h)              Detecting instances of unauthorized access to personal data and taking respective measures.

(i)                 Restoring personal data which have been modified or destroyed as a result of unauthorized access.

(j)                 Monitoring measures taken to ensure the security of personal data and the level of protection of personal data information systems.

(k)               Establishing rules for access to personal data being processed in our information systems and provision of the registration and recording of all actions performed on personal data in our information systems.

12.          Minor’s Privacy

The Services are not intended for minors as defined by applicable laws.  We do not knowingly collect personal data via our Services from minors. We will only use or disclose minor information if (a) legally permissible; (b) the legal representatives has provided consent; (c) there are other legal grounds as per applicable data protection laws.  If we accidentally collect a child's personal data without verified prior consent from the child's parents, we will attempt to delete the data as soon as possible. If you believe a minor has provided personal data to us without parental/legal guardian consent, please Contact Us

13.          International Transfer

As we operate internationally, your personal data may be processed in different countries or regions around the world where data protection and privacy regulations may not offer the same level of protection as in Australia.

We want to make sure that your personal data is stored and transferred in a way which is secure. Where we transfer your personal data outside Australia and where the country or territory in question does not maintain adequate data protection standards, we will take all reasonable steps to ensure that your data is treated securely and in accordance with this Privacy Policy.. For example, this could be:

• By way of a data transfer agreement with a third party, incorporating the clauses adopted to  ensure that the third party does not breach the applicable Australian laws in relation to the information; or
• Where it is necessary for the conclusion or performance of a contract between ourselves and a third party and the transfer is in your interests for the purposes of that contract (for example, if we need to transfer your data to a benefits provider based outside Australia); or
• Where you have consented to the data transfer.

14.          Notification Regarding Updates.

From time to time, we may update this Privacy Policy. In the event of any changes to our Privacy Policy, you will be notified via e-mail and asked to confirm your consent with the new version of the Privacy Policy or given opportunity to opt-out.

15.          Contact Us

If your questions are not answered online, you may email us at privacy@vivoglobal.com.