XGIMI PRIVACY POLICY

Thank you for your interest in Xgimi Limited(66830481) and its affiliated companies (“XGIMI”, “we”, or “us”) respect your privacy. Please read the following to learn more about XGIMI Privacy Policy(“this Policy”), which applies to XGIMI websites, products and services that display or provide links to this Policy.

This Policy describes how XGIMI processes your personal data, but it may not address all possible data processing scenarios. XGIMI may inform you of product- or service-specific data collection through supplementary policies or notices provided before collection.

1.1 Definition of Personal Information and What Personal Information is collected by us

1.1.1 Personal Information in this policy, means information that can be used to directly or indirectly identify an individual, either from that information alone or from that information combined with other information XGIMI has access to about that individual, except as otherwise specifically provided by applicable laws in your region. We will use your personal information strictly in accordance with this Privacy Policy. Where the context requires, personal information shall also include sensitive personal data or information, as may be categorised under applicable law.

1.1.2 We may collect Personal Information you provided to us, which is necessary for the services you choose. For example, you may provide your name, mobile phone number, email address,delivery address, order, invoicing details when you go to our official website to register or create an account and order products; you may provide name, mobile phone, email address if you want to engage participating our marketing or win a prize; you may choose to participate our promotional activities, under which you may provide your name, email address, photos and other information to us.

• Account Information. When you create or register a XGIMI account, you may provide us with information that includes your user ID, email address (or phone number, based on the country located), password or other information for account verification. You might, at your own discretion, choose to provide us with additional information — like gender, birthday, professional information and other information on your profile page.

• Contact Information. When you place an order with XGIMI, or contact us for customer service or after-sales service, or actively interact with us, you may provide us with your contact information including your name, alias, email address, shipping address, billing address and phone number(s). We use Zendesk to power our customer service, you can read more about how Zendesk uses your Personal Data here:
  https://www.zendesk.com/company/agreements-and-terms/privacy-notice/.

• Payment Information. When you place an order with XGIMI or engage in financial transactions by using XGIMI Products and Services, you may provide us with your payment information such as your bank account, credit card number, or debit card number.

• Communications. When you contact us, we may collect information about your communications with us, including your contact information, and the time, topic, and content of your communications.

• Device Related Information. Product model and serial number, location area(none-latitude and longitude information, only about the region, country code, city code, all these location area information cannot identify your exact latitude-longitude information),.

• Cookies. We use cookies on the Site and online services. Cookies are used to collect information, including personal data, from you. Cookies are small files which, when placed on your device, enable us to provide certain features and functionality. To learn more about cookies please see our Cookie Policy.

• Environmental Photos.XGIMI does not automatically collect your photo or video without your consent and affirmative actions. Only when you choose the “Auto Focus” or “Automatic Trapezoidal Correction” function , the camera of the Products will collect the information of the projection picture (capture the shape of the projection picture) (“Environment Photo”). But please be noted that the relevant data will not be saved, will be deleted immediately after the function is completed;
  

Furthermore, the gyroscope will collect the six direction information of the Products (the angle placed by the Products itself, including pitch angle and horizontal angle, excluding the longitude and latitude of the equipment, precise positioning or position information), which is used for automatic trapezoidal correction of displacement and automatic focusing of displacement to detect whether the projector moves, and the data will be saved to the Products and the server.

We may collect screen front depth information and infrared information through 3D ToF (some products may install this function), which is mainly used for technical analysis of intelligent anti-projection eye and screen automatic adjustment functional, correlation calculation non-contact storage, function function completion completed immediate removal.

You can turn off and modify functions or corresponding functions in “Settings-Projector Settings”. If you refuse to provide such information, we will not be able to provide you with the corresponding function, but which will not affect your use of other functions of the products and services.

1.1.3 Information from third-party sources

When permitted by law, we will collect information about you from third-party sources. For example:

• for certain services that might include account and financial transactions, with your authorization, we may validate the information provided by you (such as phone number) through legitimate third-party sources for security and fraud prevention purposes;

• we may also obtain certain information such as account IDs, nicknames, avatar, and email address from third-party social network services (e.g. when you use a social network account to sign in to XGIMI service);

• information about you that others provided to us (e.g. your delivery address that other users may provide to us when they buy products for you via the Site services

1.1.4 Non-Personally Identifiable Information

XGIMI may also collect and use Non-Personally Identifiable Information (“Non-PII”). Non-PII is information that cannot be used to identify a particular individual. For example,

• XGIMI will collect statistical data, such as the numbers of visits to our Site. We collect the data to betterly understand and analyze how users use our Site, products, services so that we can improve our services and betterly satisfy users’ needs.

• To aggregate the data to help us understand and analyze the usage trends and preferences, improve the XGIMI Products and Services, and develop new products, services, features, and functionality.

The purpose for such collecting is to improve the services we provide to you. The type and amount of information collected depends on how you use our products and/or services.

We aggregate such information to provide you with more useful information, and understand which parts of Sites, products and services you are most interested in. For example, we may only need the number of users who are active in a day; and we don't need to know in that day who is active, so aggregate data is enough for statistical analysis. We will endeavor to isolate your personal data from non-personally identifiable information and ensure that the two types of data are used separately. However, if we combine non-personally identifiable information with personal information, such combined information will be treated as personal information for as long as it remains combined.

XGIMI may, at its own discretion, collect, use, process, transfer, or disclose Non-PII for other purposes.

We use the Personal Information we collect to the following purposes:

• Account creating

• Fulfilling your transaction or service requests, including purchase orders request; delivering; verifying products or services, participating in onsite or virtual activities; fulfilling your requests for changes or providing you with the requested information (such as marketing materials for products and services); and providing technical support. For example, Information related to e-commerce orders is used for processing the purchase order and related after-sales services, including customer support and re-delivery.
  

For example, the order number will be used to cross-check the order with the delivery partner as well as to record delivery of the parcel. Recipient information, including name, address, phone number, and postal code will be used for delivery purposes. Your email address is used to send you parcel tracking information. A list of purchased items is used for printing an invoice and enables the customer to see which items are in the parcel.

• Contacting you with your consent; sending you information about products and services that may interest you; inviting you to participate in XGIMI activities (including promotional,marketing activities), market surveys, or satisfaction surveys; or sending you marketing information. If you do not want to receive these types of information, you can opt out at any time.

• Sending you important notices, such as installation of and updates to our products. From time to time, we may use your personal information to send important notices, such as notices about purchases and changes to our terms, conditions, and policies.

• Providing you with customized user experience and content. To maintain and enhance XGIMI Products and Services, to analyze the information you provide to us, to personalize the content you receive and provide you with tailored content that will be of interest to you

• Internal purposes, such as data analysis, research, and development of statistical information related to the use of our products or services to improve our products or services. For example, machine learning or model algorithm training is performed after de-identification processing.

• Analyzing the efficiency of our business operations and evaluating market share.

• Ensuring the security of our products, services and customers or users, executing and improving our loss prevention and anti-fraud programs. We use the device information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).

• Complying with and enforcing applicable legal requirements, industry standards and our policies.

• Aggregate personal data we collect, such as the number and frequency of your visits to our Site, to produce metrics and statistical information. We use aggregate data to help us understand how the site is being used and to improve its usability. We also use it to enhance the quality and availability of products and services we offer.

• Other purposes with your consent. For example:

i. Improving user experience through data, hardware, and software analysis. Some opt-in features, such as the User Experience Programme, allow XGIMI to analyse data about how users use the product , services, and other services provided by XGIMI, so as to improve the user experience, such as sending crash reports. XGIMI shall also conduct hardware and software analysis to further improve user experience.

ii. Collecting user feedback. The feedback you choose to provide is valuable in helping XGIMI make improvements to our services. In order to follow up on the feedback you have chosen to provide, XGIMI may correspond with you using the personal information that you have provided and keep records of this correspondence for problem solving and service improvement.

iii. When you choose some specific function such as “Auto Focus” or “Automatic Trapezoidal Correction”, we may need collect the Environmental Information as described above-mentioned

If you are located in the European Economic Area, we will only use your information when we have a valid legal ground, including when:

• You have consented to the use of your information, for example to send you marketing communications.

• We need to use your information to enter into or perform a contract with you, for example to deliver XGIMI products, to provide map services, or provide you with the customer support and other after-sales services.

• We need to use your information to comply with a legal obligation, for example to comply with a court order, subpoena, or warrant.

• We or a third party have a legitimate interest in using your information. In particular, we have a legitimate interest in using your information to understand and improve our XGIMI Products and Services, and to monitor for and prevent fraud. We only rely on our own or a third party’s legitimate interests to process your information when these interests are not overridden by your rights and interests.

3.1 Sharing

We do not sell any personal information to third parties.

We will not disclose your information that we collect through XGIMI Products and Services to third parties except as described in this Policy or as we disclose to you at the time the information is collected. We may disclose information to third parties in the following circumstances:

• We may share your information with our affiliates and subsidiaries globally when permitted by law, and necessary to provide you with XGIMI Products and Services.

• Any information that you voluntarily choose to make publicly available by uploading it to a publicly accessible site or venue using XGIMI Products and Services, or that you otherwise elect to make public, will be available to anyone who has access to that content, including other users.

• We work with third party service providers to provide payment facilitation, parcel transportation,software development and maintenance, traffic monitoring or analysis, electronic messaging, and other services for us. We require these service providers to use or disclose the information they process only as necessary to perform services on our behalf or comply with legal requirements. For example,
  

• we use Shopify or SendPulse to power our online store--you can read more about how Shopify or Mailchimp uses your Personal Information here respectively: https://www.shopify.com/legal/privacy; https://sendpulse.com/legal/pp.

• when you use our products or services, you are gonna use GOOGLE ACCOUNT /FACEBOOK ACCOUNT to log in, you can read more about how Google/FACEBOOK uses your Personal Data here: https://www.google.com/intl/en/policies/privacy/; https://www.facebook.com/privacy/policy/.

• We may also preserve and disclose your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

• Information about our users, including information you provided and any information collected through XGIMI Products and Services, may be disclosed and otherwise communicated to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.

• To provide performance measurement, analysis, and other business services, we may also share information (non-personal information) with third parties (such as advertisers on our websites) in aggregated form. We use the information we have to help advertisers and other business partners evaluate the effectiveness and coverage of their advertising and services, and understand the types of people who use their services and how people interact with their websites, apps, and services. We may also share general usage trends of our services with them, such as the number of customers in a particular group of people who purchase certain products or engage in certain transactions.

3.2 Transfer

XGIMI will not transfer your information to any subject except in the following cases:

• Where we have obtained your explicit consent;

• If XGIMI is involved in the merger, acquisition, or sale of all or part of its assets that may affect your personal information, we will notify you of any changes in the ownership, use, and any choice you may have regarding your personal information by email and/or by posting a prominent notice on our websites or other appropriate means;

• In the circumstances explained in this Privacy Policy or otherwise notified to you.

3.3 Public disclosure

XGIMI may publicly disclose your personal information under the following circumstances:

• Where we need to announce a winner of a promotion, competition, in which case we only publish limited information;

•  Where we have obtained your explicit consent and

• Public disclosure based on law or reasonable grounds: including laws and regulations, legal procedures, litigation, or at the request of the competent government departments.

4.1 You may update, correct, or delete certain XGIMI account information and preferences by accessing your account preferences page, available through the Site. If you receive commercial email or text messages from us, you may unsubscribe at any time by following the instructions contained within the email or text message. You may also opt out from receiving commercial email or text messages from us or object to be profiled by respond the commercial email or text messages or sending your request to us by email at Service-usa@xgimi.com.

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. You also have the right to receive a copy of the information which you provided for its transmission to another company; and to object to the processing on grounds relating to your particular situation. When we process personal data on the basis of your consent, you can also withdraw your consent. If you withdraw your consent, we will apply your preferences going forward, and this will not affect the lawfulness of the processing before you withdrew your consent. If you would like to exercise this right, please contact us through the contact information below. In addition, if certain information has already been provided to third parties as described in this Policy, retention of that information will be subject to those third parties’ policies.

Note, however, that if you exercise your right to object or your rights of blocking, deletion or to be “forgotten” or if you decline to share certain information with us, or if you withdraw your consent to our processing of information about you, we may not be able to provide to you some, or any, of the features and functionality of XGIMI Products and Services.

If you wish to exercise any rights you have under applicable data protection law, including the right to access, amend or delete any information we hold about you, you may contact us at gspc@xgimi.com

4.2 How your Personal information is transferred globally

XGIMI processes and backs up personal information through a global operating and control infrastructure. Currently, XGIMI has data centers in China, United States, Germany, and Japan. For the purposes described in the Privacy Policy, your information may be transferred to these data centers in accordance with applicable law.

We may also transfer your personal information to third-party service providers and business partners and your data may therefore also be transmitted to other countries or regions. The jurisdiction in which these global facilities are located may or may not protect personal information to the same standards as in your jurisdiction. There are different risks under different data protection laws. However, this does not change our commitment to comply with this Privacy Policy and to protect your personal information.

In particular,

• The personal information that we collect and generate in operations within the territory of Mainland China is stored in data centers located in Mainland China, except for cross-border transmissions as permitted by applicable law.

• The personal information we collect and generate in operations in Europe is stored in data centers located in Germany. If you use our products and services in the area of the European Economic Area (EEA), the Personal Information about you will be safely stored in Germany data centre with safety guards, and will not transfer to any other jurisdiction.

• The personal information that we collect and generate in operations within the territory of North America is stored in data centers located in United States, the Personal Information about you will be safely stored in United States data centre with safety guards, and will not transfer to any other jurisdiction.

If we need to transfer personal information outside of your jurisdiction, whether to our affiliates or third-party service providers, we will comply with related applicable laws. We ensure that all such transfers meet the requirements of applicable local data protection laws by implementing uniform safeguards.

XGIMI Products and Services may contain features or links to applications and services provided by third parties. Any information you choose to provide on third-party applications, sites or services, or any information otherwise collected by such third-party applications, sites or services is collected directly by the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through XGIMI Products and Services.

We are not responsible for the content or privacy and security practices and policies of third-party applications, sites or services to which links or access are provided through XGIMI Products and Services. If you opt in to use such third-party services, please be sure to check the Privacy Policies of these sites as well as their “Terms of Use” before engaging in any business or uploading any information.

Except for certain products that are marked as “14+” or “for customers over the age of 14”, XGIMI Products and Services are not directed to children under the age of 16. We do not knowingly collect information from children under the age of 16 without obtaining parental consent.

We use certain physical, organizational, and technical safeguards that are designed to improve the integrity and security of information that we collect and maintain. Please be aware that no security measures are perfect or impenetrable and thus we cannot and do not guarantee that your information will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or organizational safeguards.

When you use the Site or other online services, we may send one or more cookies — small text files containing a string of alphanumeric characters — to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Please review your web browser “Help” file to learn the proper way to modify your cookie settings.

We may also automatically record certain information from your device by using various types of technology (together with cookies, “cookies and similar technologies”). This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use a Product or Service, the pages or other content you view or otherwise interact with on a Product or Service, and the dates and times that you visit, access, or use Products and Services. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. Please see more in our Cookie Policy with the following link: https://us.xgimi.com/pages/cookie-policy

We retain your information to provide service to you, or as required by applicable laws or regulations. We aim to retain your information only for the period necessary to fulfil our obligations under this Policy, unless otherwise required or permitted by law. We will carefully assess the need to collect data, the type of data collected, relevant legal framework, and the statute of limitations when determining the retention period.

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at gspc@xgimi.com or by mail using the details provided below: UNIT 03E 15/F CARNIVAL COMM BLDG 18 JAVA RD NORTH POINT HK, Hong Kong, 999077.