This Device (as further defined herein) is sold to you under one or more license agreements between Sharp Corporation and Hisense International (Hong Kong) America Investment Co. Ltd. “Sharp™”, “Aquos™”, “Quattron™” (“Sharp Brands”) are trademarks owned exclusively by Sharp Corporation.
All Applications, Content and Services (each as further defined herein), advertising and/or internet links (hereinafter “Material”) accessible through this device (“Device”) are owned and/or licensed either by and from Hisense Electric Co., Ltd., its affiliates, subsidiaries and/or parents (hereinafter "Hisense" or "we" or "us" or “ours”), or by and from third parties, and are protected by copyright, patent, trademark and/or other intellectual property laws. Such Material is provided solely for your personal and non-commercial use. You may not use any Material in a manner that has not been expressly authorized by Hisense herein. Without limiting the foregoing, except as expressly permitted by this Agreement and/or applicable laws, you may not modify, copy, re-publish, upload, post, transmit, translate, sell, create derivative works of, exploit, or distribute in any manner or medium any Material accessed through this Device.
DISCLAIMER
TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DEVICE, THE QUALITY, PERFORMANCE AND ACCURACY LIES SOLELY WITH YOU. TO THE EXTENT PERMITTED BY LAW, THE DEVICE AND ALL MATERIALS ARE PROVIDED "AS IS", WITHOUT WARRANTY, CONDITION, TERM, REPRESENTATION OR UNDERTAKING OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, HISENSE EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS WITH RESPECT TO THE DEVICE AND ANY MATERIALS, EITHER EXPRESS OR IMPLIED, AND ALL ASSOCIATED RISKS FROM THE USE OF THE DEVICE. INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. HISENSE DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, LEGALITY, OR COMPLETENESS OF ANY MATERIALS MADE AVAILABLE THROUGH THE DEVICE AND DOES NOT WARRANT THAT THE DEVICE OR MATERIALS WILL MEET YOUR REQUIREMENTS, OR THAT OPERATION OF THE DEVICE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE. HISENSE SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF PROFIT, REVENUE, INTEREST, BUSINESS OR CORRUPTION OF DATA, ATTORNEY FEES, EXPENSES, OR ANY OTHER LOSS OR DAMAGES, INCLUDING PUNITIVE DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, ANY MATERIALS OR INFORMATION CONTAINED IN, OR AS A RESULT OF THE USE OF THE DEVICE, OR ANY MATERIALS ACCESSED OR USED BY YOU, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. CERTAIN LEGISLATION MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON HISENSE WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS OF SERVICE MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH HISENSE IS ABLE TO DO SO, ITS LIABILITY UNDER THOSE PROVISIONS WILL BE LIMITED, AT ITS OPTION, IN THE CASE OF SERVICES TO (A) THE SUPPLYING OF THE SERVICES AGAIN, OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. AND IN THE CASE OF GOODS; (A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, OR (B) THE REPAIR OF THE GOODS, OR (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR (D) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.
The country location you have identified during the set-up process may grant you access to certain Materials. The third party Materials are not under Hisense control, and we have neither reviewed the Materials of such third-parties nor do we claim any responsibility for the access to, maintenance, or suitability of any of these Materials. You expressly acknowledge and agree that the identification of your country location and your use of, linking to or accessing any third party Materials is entirely at your own risk and it is your responsibility to view and abide by the terms of use and privacy policies applicable of such third party Materials. You understand and agree that, to the extent permitted by law, that Hisense shall in no event be liable for any direct, indirect, incidental, special or consequential loss or damages, attorney fees, expenses, or any other loss or damages arising out of, or in connection with, your unauthorized access to third party Materials based on your selection of a country location or otherwise.
All Materials accessible through this Device may be changed, suspended, removed, terminated or interrupted, or access may be denied or disabled at any time, without notice, and Hisense makes no representations or warranties that any Materials will remain available for any period of time. All Materials are transmitted by means of networks and transmission facilities over which we have no control. Hisense may impose limits on the use, disabling, removal or suspension of any Materials made available through this Device at any time, without further notice or liability to you. We may impose limits on the use of, or access to, certain Materials in any case and without notice or liability. You need to accept the terms of service and privacy policy in order to use the "Sharp Smart" platform on your Device.
All the Materials in the Device are managed and controlled by their respective owners. We do not control the owner of the included, pre-loaded, user downloaded or other Materials, which may be modified, removed, deleted or changed, with or without notice. Any questions or requests for service relating to such Materials should be made directly to the respective third party Materials providers and not to Hisense.
END USER TERMS AND CONDITIONS FOR SMART SERVICES
Welcome to Sharp Smart TV. The End User Terms and Conditions contained herein for SMART Services ("Terms and Conditions") are a legal agreement between you and Hisense Electric Co., Ltd., including its affiliates (herein "Hisense", “we”, “us”, “ours”). We refer to the end user as “you” or “yours”. By installing and/or using the embeddable, downloadable and/or executable software application ("Application"), and/or accessing or using the Materials through the Sharp Smart TV or any other features of functionality made available on your Device, you are legally bound to these Terms and Conditions. To the extent permitted by law, Hisense reserves the right to modify or update these Terms and Conditions from time to time and without any further notice to you.
DEFINITION
"Content" means all audio and visual elements and ideas offered by Hisense or third parties including but not limited to data, movies, videos, photographs, software, games, designs, likenesses, artwork, images, music, sound, information and other materials, tangible and intangible, including derivative works, on all media and formats, existing or future. "Service" means all types of services or functions typically available from the internet, offered by Hisense or third parties including but not limited to provisions of Content, messaging, blogging, chatting, social networking, information, etc., including any procurement, disposal, sale, purchase, rental or consultation through your Device. The Materials collectively shall mean "SMART Services". From time to time, Hisense may directly offer and make available to you certain Materials, and in such events, your use of such Materials shall be subject to these Terms and Conditions. Materials may be provided locally subject to local laws and regulations, and depending on your residence and location, you may be limited to types and levels of Materials. Terms and conditions for the use of such Materials may differ for each different country, region or market subject to relevant local, country and regional laws.
USE OF SMART SERVICES
SMART Services are intended for use by persons 18 years of age or older. If you are not at least 18 years of age or older or are legally, or otherwise, restricted form using SMART Services, please discontinue using SMART Services immediately. If you are not 18 years of age or older, you must have a parent of guardian's approval prior to using SMART Services. By using any portion of SMART Services and accepting the Terms and Conditions, you are certifying that you are at least 18 years of age, or if between the ages of 13 and 18, have parental consent and are otherwise not restricted from agreeing to these Terms and Conditions. The use of any portion of SMART Services (including the Materials) is restricted solely to personal and non-commercial purposes. No other used are permitted.
Access to certain Materials, online or otherwise, may require registration, the creation of a user account with Hisense or a third party, and/or a fee. Registration may require providing personal information and choosing a unique, secret password that may not be shared with others. Any personal information provided by you to Hisense will be protected in accordance with our Privacy Policy. Your personal information must be complete, accurate, and must be YOURS. You shall not use any third party personal information to create an account in connection with the use of SMART Services, and you are not allowed to access others' accounts. HISENSE RESERVES THE RIGHT TO BLOCK OR TERMINATE ANY USER ACCOUNT IN THE EVENT HISENSE REASONABLY DETERMINES THAT THE USE OF SMART SERVICES IS IN VIOLATION OF THESE TERMS AND CONDITIONS, INCLUDING CREATING ACCOUNTS WITH FALSE INFORMATION. Materials offered through SMART Services that require a fee may not be accessed by persons who have not paid the appropriate fee. In the event that registration, creation of a user account, and/or a fee is required for the Materials offered or provided by a third party provider, such registration, creation of a user account, and/or a fee shall be subject to privacy policies, terms and condition of the Materials of such third parties.
SPECIFIC USE OF SMART SERVICES THROUGH APPLICATIONS
Access to certain portions of SMART Services at Applications may require registration and creation of a user account and/or a fee. Such registration, creation of a user account and payment of a fee may be completed on a webpage run by us (or an affiliate of Hisense) or by a third party (including a payment gateway provider). Such registration may require providing personal information to such us or third parties and choosing a unique, secret password that may not be shared with others. In the event that registration, creation of a user account, and/or a fee on such third party or Hisense website is required for the Materials offered or provided through Applications, such registration, creation of a user account, and/or a fee shall be subject to privacy policies, terms and condition of the parties providing such access to the Materials.
RESTRICTIONS AND PROHIBITIONS
You or any third party (directed by You) may not display, copy, store, modify, sell, publish, broadcast or redistribute any Materials, whether a portion of or in their entirety, and such displaying, copying, storing, modification, sale, publishing, broadcasting or redistribution shall be prohibited unless you have obtained all necessary rights and permissions from Hisense or each of the respective relevant owners or right holders of such Materials or as permitted by applicable law. Unauthorized use of the Materials is prohibited and may result in criminal prosecution and/or civil liability, for which you shall be solely responsible.
You may not use any portion of the Device for any other purposes other than as permitted herein, including but not limited to illegal activity, to make solicited and/or unsolicited offers or advertisements, to impersonate or falsely claim affiliation with any person or entity, to misrepresent, harass, defraud or defame others, to post, upload, transmit or disseminate any obscene, unreasonably offensive or any other unlawful material, or any information that may negatively impact the reputation of Hisense and/or the SMART Services, nor for any commercial purposes. Except as expressly permitted by these Terms and Conditions, and except to the extent provided for by applicable laws, you may not disassemble, reverse engineer and/or tamper with the SMART Services, or transmit hidden or malicious code or to collect information of other users through the SMART Services. You may not take any action to interrupt the functionality of or tamper with the Materials contained in or provided through SMART Services or its servers or to unreasonably affect others' enjoyment of SMART Services in any way. WE RESERVE THE RIGHT TO BLOCK OR TERMINATE YOUR ACCESS TO SMART SERVICES IN OUR SOLE DISCRETION FOR ANY REASON AND AT ANY TIME AND WITHOUT FURTHER NOTICE TO YOU.
GRANT OF LICENSE
Subject to your full compliance with these Terms and Conditions, Hisense grants to you a non-exclusive, limited and personal license to download and/or use the Application (other than any Application which is governed by its own and separate license terms and conditions) to display, receive or otherwise use (only to the extent permitted in each case) the Materials from your Device only. No other rights to the Application are granted. The scope of rights for Content and Service shall be subject to the terms and conditions of the respective Materials and other licensing requirement and restrictions otherwise imposed or required by the relevant Materials providers. All rights including intellectual property rights in the Materials remain the property of Hisense or the relevant licensors or owners of the Materials. Any breach of these Terms and Conditions will result in the revocation of all of the rights granted herein and Hisense or the respective owners of the Materials may conduct further legal action if necessary.
MATERIALS PROVIDED BY YOU
Any Content submitted, uploaded or posted by you or on behalf of you on or through your Device or SMART Services (herein “Submitted Content”) will be considered non-confidential and non-proprietary, subject to local laws. We also reserve the right to disclose your information as necessary to any third party who claims that any Submitted Content constitutes a violation of third party intellectual property rights, or of their right to privacy. By posting, submitting, uploading or otherwise transmitting Content in any way, you grant us a perpetual, irrevocable, unrestricted, non-exclusive, worldwide, fully paid-up, royalty free, sub-licensable license to change, copy, disclose, license, perform, display, post, publish, distribute, transmit or use such Submitted Content in any manner and create derivative works thereof or incorporate the Submitted Consent into other work anywhere in the world. We have the right to remove any Submitted Content on SMART Services for any reason including if, in our sole opinion, such Submitted Content is unnecessary, offensive, indecent or objectionable. We do not control the Submitted Content and do not warrant the nature, accuracy, integrity, appropriateness or quality of the Submitted Content. You warrant that any of your Submitted Content does not and will not infringe any third party intellectual property rights. You are solely responsible for all Submitted Content that you upload, post, email, transmit or otherwise make available in any portion of SMART Services. We assume no liability for such Submitted Content and you are solely responsible for any liability arising from or related to any Submitted Content posted, uploaded or transmitted by you or on behalf of you on or through your Device or SMART Services.
ADVERTISEMENTS AND CUSTOMER SERVICE COMMUNICATIONS
You understand and agree that SMART Services may include advertisements, certain communications from Hisense or third parties such as update announcements, administrative messages, newsletters and other materials ("Communications"). As those Communications are part of SMART Services, and you may not opt out of receiving these Communications. Certain Materials may not be suitable for minors or other users. Such Materials may not be rated or identified as being unsuitable. Therefore, you understand and agree that you are using the Materials at your own risk and Hisense shall have no liability to you for any unsuitable Material. For purposes of clarity none of your behavioral or personal information you might provide for the SMART Services is used in any Communications.
WARRANTIES AND LIABILITIES: DISCLAIMER
TO THE EXTENT PERMITTED BY LAW, THE MATERIALS ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES, TERMS, REPRESENTATIONS OR UNDERTAKINGS OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO BUT NOT LIMITED TO THEIR QUALITY, RELIABILITY, PERFORMANCE, PURPOSE, OR ACCURACY. YOU AGREE TO ASSUME ALL RISKS OF USING THE MATERIALS, AND, TO THE EXTENT PERMITTED BY LAW, NOT TO HOLD HISENSE OR ANY OF ITS HOLDINGS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, CONTRACTORS, LICENSORS OR ADVERTISERS RESPONSIBLE FOR ANY DAMAGES, LOSSES, OR HARM, TANGIBLE OR INTANGIBLE, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, LOSS OF PROFIT, REVENUE, INTEREST OR BUSINESS, OR CORRUPTION OF DATA OR ATTORNEY'S FEES ARISING FROM THE USE OF THE MATERIALS. TO THE FULLEST EXTENT PERMITTED BY LAW, HISENSE SHALL NOT BE HELD RESPONSIBLE FOR ANY THIRD PARTY MATERIALS THAT MAY BE ACCESSED THROUGH SMART SERVICES, NOR SHALL HISENSE BE HELD RESPONSIBLE FOR HIDDEN OR MALICIOUS CODE CONTAINED ON OR DISTRIBUTED THROUGH THE SMART SERVICES OR DEVICE BY THIRD PARTIES. HISENSE DOES NOT GUARANTEE THAT THERE WILL BE NO INTERRUPTIONS, DELAYS OR INACCURACIES IN THE MATERIALS AND DOES NOT GUARANTEE THE CONTINUED AVAILABILITY OF SUCH MATERIALS. DUE TO THE VARIOUS CAPABILITIES OF DEVICES FEATURING THE SMART SERVICES, AS WELL AS LIMITATIONS IN THE AVAILABLE MATERIALS OFFERED VIA SMART SERVICES, CERTAIN FEATURES AND/OR MATERIALS MAY NOT BE AVAILABLE ON ALL DEVICES OR IN ALL TERRITORIES. SOME FEATURES ON THE SMART SERVICES MAY ALSO REQUIRE ADDITIONAL PERIPHERAL DEVICES THAT ARE SOLD SEPARATELY. HISENSE DOES NOT ENDORSE ANY OF THE IDEAS, PRODUCTS, PERSONS, OR OPINIONS EXPRESSED IN THE MATERIALS.
CERTAIN LEGISLATION MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON HISENSE WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS AND CONDITIONS MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH HISENSE IS ABLE TO DO SO, ITS LIABILITY UNDER THOSE PROVISIONS WILL BE LIMITED, AT IS OPTION, IN THE CASE OF SERVICES TO (A) THE SUPPLYING OF THE SERVICES AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN AND, IN THE CASE OF GOODS, TO (A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF THE GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (D) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.
YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGES, LOSSES, COSTS, OR HARM ARISING FROM YOUR USE OF THE SMART SERVICES. TO THE EXTENT PERMITTED BY LAW, HISENSE DISCLAIMS ALL LIABILITIES WITH RESPECT TO YOUR USE OF THE SMART SERVICES (REGARDLESS OF WHETHER OR NOT SUCH USE REQUIRES REGISTRATION, CREATION OF A USER ACCOUNT AND/OR PAYMENT OF A FEE) AND MATERIALS. IF ANY PORTION OF THESE TERMS AND CONDITIONS ARE ILLEGAL OR UNENFORCEABLE OR THERE IS A CLAIM THAT WE HAVE BREACHED ANY OF THESE TERMS AND CONDITIONS, IT DOES NOT AFFECT OR INVALIDATE THE OTHER TERMS. THESE TERMS AND CONDITIONS MAY NOT BE WAIVED OR MODIFIED WITHOUT WRITTEN CONSENT FROM HISENSE.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by the laws of the State of Georgia, USA and by accepting these Terms and Conditions, and by your use of the SMART Services, you are agreeing that such Terms and Conditions and all other aspects of the SMART Services will be construed in all respects in accordance with the laws of the State of Georgia, USA applicable to the agreement entered into and to be wholly performed therein, and you agree to submit to the non-exclusive jurisdiction of the courts of the State of Georgia, USA.
ACTIONS REQUIRED BY LAW
Hisense may need to comply with the lawful interception and/or data retention requirements of local law enforcement agencies from time to time. Hisense may restrict access to any part of SMART Services and the Device or terminate your access to the SMART Services, at any time in its sole discretion if required by law or by the relevant authorities or regulatory agencies to do so.
PRIVACY POLICY
The privacy policy set forth below (the "Privacy Policy") applies to the use of the Device. Hisense is committed to protecting the privacy of all users of the Device. The purpose of this Privacy Policy is to inform you about the types of information we gather about you when you visit or submit information to the Device, how we may use that information, and if and how we disclose it to third parties. This Privacy Policy applies to information about you that is collected by Hisense, by any company within the Hisense Group of companies ("the Hisense Group Companies"). A full list of Hisense Group Companies is available upon written request.
This Privacy Policy does not apply to personal information that you provide directly to third parties whose Materials you access via the Device. You should check the applicable privacy policy of any third party service providers whose Materials you access.
The SMART Services are controlled and operated by Hisense from the People's Republic of China, and is not intended to subject Hisense or any of Hisense Group Companies to the laws or jurisdiction of any state, country or territory other than that of the People's Republic of China. To the extent permitted by law, Hisense does not represent or warrant that the Device, or any part thereof, is appropriate or available for use. Those who choose to access the Device do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.
All users of the Device are required to provide true, current, complete and accurate personal information when prompted and we will reject and delete any entry that we believe in good faith to be incorrect, false, falsified, or fraudulent, or inconsistent with or in violation of the Privacy Policy.
If you enable voice recognition, which may be available in the Device, you can interact with your Device using your voice. To provide you the voice recognition feature, some interactive voice commands may be transmitted (along with information about your Device, including device identifiers) to a third-party service provider that processes received interactive voice commands, which third party provider may convert your interactive voice commands to text to the extent necessary to provide the voice recognition features to you. In addition, we may collect, and your Device may capture, voice commands and associated texts so that we can provide you with voice recognition features as well as evaluate and improve the features. We will collect your interactive voice commands only when you actively activate the feature and make a specific voice command request to the Device by clicking the activation button either on the Device’s remote control or on your Device, and speaking into the microphone on the Device’s remote control or on the Device. HISENSE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE USE, OR MISUSE, OF SUCH FEATURES BY YOU OR BY ANY THIRD PARTY.
We will provide you with an opportunity to give your consent to the terms of this Privacy Policy as part of the Device registration process. Separate from such consent, your use or participation in the SMART Services will be construed as your acceptance of the Privacy Policy and of our collection, use, disclosure, transfer, management and storage of your personal information as described below. We may, from time to time, transfer or merge any personal information collected off-line to our online databases or store off-line information in an electronic format. We may also combine personal information we collect online with information available from other sources, including information received from our affiliates, marketing companies, or advertisers. This Privacy Policy covers all such personal information and will remain in full force and effect as long as you are a user of the SMART Services, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.
1. INFORMATION THAT WE COLLECT
Personal Information - At various locations on the Device, such as ID creation, in registration forms, surveys, and polls, we may request that you supply us with "personal" information which relates to you and identifies you, such as your name, e-mail address, mailing address, home or work telephone number. The personal information you provide through the Device will be collected and retained in accordance with this Privacy Policy. In this Privacy Policy, we use the terms 'personal information,' 'information about “you” or “your information” interchangeably.
Non-Personal Information - When you use the Device, we may also collect "non-personal" information. We consider "non-personal information" to be information that, by itself or in combination with other information, cannot be used to identify or contact you personally, such as demographic information (your age, gender, education level, profession, zip code, etc.). Non-personal information may also include technical information, including but not limited to Device performance information, Device usage information and/or other anonymous data involving your use of the Device. Non-personal information may also include information that you provide us through your use of the Device, such as query terms you enter into the search functions of the Device, page requests, or data about specific services or applications accessed by you (but not the data related to your specific activity or usage within a third-party application or service), the date and time of your request. We may use this information, among other things, to understand aggregate usage patterns, to administer the Device, and to provide you with improved features. We reserve the right to use or disclose non-personal information in any way we see fit, including for our marketing and advertising purposes. Non-personal information may also be shared with third parties; by accepting this Agreement, you acknowledge and accept that you fully consent to Hisense collecting and sharing aggregate non-personal information with third parties without the need for further approvals or consent.
If we combine personal information with non-personal information, the combined information will be treated as personal information for as long as it remains combined.
We are committed to protecting the personal information of children. As such, SMART Services are not meant for use, or to be used, by individuals under the age of 18 and we will not knowingly collect personal information from individuals under such age. If we learn that a child under the age of 18 has provided any personal information, we will use commercially reasonable efforts to delete such information. We encourage parents and legal guardians to participate in all online activities of their children and instruct them to not provide any personally identifiable information to us via SMART Services. Notwithstanding the foregoing, it is solely your responsibility (and not Hisense’s) to ensure children use the voice recognition feature, if available in and activated in the Device, in a responsible manner. HISENSE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE USE, OR MISUSE, OF SUCH FEATURES BY CHILDREN.
Cookies and Other Technologies - At times, the Device may use "cookies" or other technologies such as web beacons. These technologies help us better understand user behavior, tell us about Materials that you have viewed or accessed and help us make your experience with the Device more convenient and customized. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that IP addresses or similar identifiers are considered personal information by local law, we treat such identifiers as personal information. If you want to disable cookies or such other technologies, you can clear data stored on the Device or on devices that you are using to access the Device.
2. USE OF INFORMATION WE COLLECT
Our Services - We use your personal information for any of the following purposes:
- to register you on the Device;
- to administer the Device (including processing any searches or requests for certain Materials, recommending Materials, providing blogs, open forums, discussion pages or personalized features);
- to communicate with you;
- for internal record keeping.
All of the above apply equally to the use of your personal information for such purposes by a Hisense Group Company.
E-mail Communications - If you send us an e-mail with questions or comments, we may use your personal information to respond to your questions or comments, and we may save your questions or comments for future reference. However, aside from our reply to such an e-mail, it is not our standard practice to send you e-mail unless you request a particular service that involves e-mail communications, in which case you consent to being contacted by e-mail, or to receiving from us (either from ourselves or a related company) information about products and services which we believe may be of interest to you.
3. DISCLOSURE OF INFORMATION TO THIRD PARTIES
Except as specifically set forth in this Privacy Policy, we do not disclose your personal information to a third party without your permission, except:
- to a Hisense Group Company; or
- where is it necessary to enable any of our staff, employees, agents, contractors, suppliers or commercial partners to provide a service to us or to perform a function on our behalf; or
- to our professional advisors; or
- to the purchaser or potential purchaser of our rights and obligations relating to the Device; or
- where it is necessary in order to pursue our legitimate interests or if we are required to or are permitted to do so by law.
For any disclosure of your personal information by us to a carefully selected third party or to any third party referred to in this Privacy Policy, we will comply with data protection law by ensuring that there are arrangements in place to ensure that the third party does not use your personal information for any purposes other than the purposes we specify and in accordance with the purposes outlined in this Privacy Policy and keep it secure.
4. SECURITY OF THE INFORMATION WE COLLECT
The security of your personal information is important to us. We maintain physical, electronic and procedural safeguards to secure your personal information. However, please remember that there is always some risk in transmitting information electronically prior to our collection. The personal information we collect is stored within databases that we control. As we deem appropriate, we use security measures consistent with industry standards, such as firewalls and encryption technology, to protect your information. We restrict access to personal information to employees, contractors and agents who have a need to know that information in order to operate, develop or improve the Device. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
5. BULLETIN BOARDS AND OTHER PUBLIC AREAS
We may offer bulletin boards or other public functions and any posting by you is considered public information available to other users. We do not control, and are not responsible for, the actions of other users of the Device with respect to any information you post in Public Areas. In addition, information that you submit to Public Areas may be collected and used by others to send you unsolicited messages and for other purposes. Any posting is governed by End User Terms and Conditions for the Device or the terms and conditions of third parties web sites. You should take care to not use personal information in your screen name or other information that might be publicly available to other users.
6. INTERNATIONAL TRANSFER OF INFORMATION
We may transfer and store personal information you provide to us via the Device on servers located in countries outside of your jurisdiction. We may also transfer personal information we collect from you to the People's Republic of China or to other countries outside of your jurisdiction to our Hisense Group Companies or to the third parties referred to in this Privacy Policy. By providing your personal information to us, you consent to us transferring your information outside of your jurisdiction.
7. ACCURACY OF THE INFORMATION WE COLLECT
Any questions you may have regarding this Privacy Policy, the accuracy of your personal information, the use of your personal information, or any requests to access your information or that we correct, update or remove your information in our databases, should be directed via e-mail to the Customer Service Director at Hisense USA via phone, email or regular mail to:
HISENSE USA Corporation.
ATTN: Customer Service Director
7310 McGinnis Ferry Road, Suwanee, GA, 30024
Phone: 1-678-318-9060
Fax: 1-678-318-9079
Email: customercare@hisense-usa.com
If we receive a request to change your information, we will make reasonable efforts to ensure that all of your personal information stored in databases we actively use to operate the Device will be updated, corrected, changed or deleted, as appropriate, as soon as reasonably practicable.
We will not retain personal information for longer than is necessary for the purposes for which it was intended, or as required under any contract or by law. However, we reserve the right to retain in our archival files any information removed from, or changed in, our active databases. We may retain such information to resolve disputes, troubleshoot problems and enforce our End User Terms and Conditions for the Device. In addition, it is not technologically possible to remove each and every record of the information you have provided to us. A copy of your personal information may exist in a non-erasable form that will be difficult or impossible for us to locate.
This Privacy Policy is effective as of January 6, 2016. We reserve the right to change this Privacy Policy at any time or for any reason, and will post any material changes to this Privacy Policy within a reasonable period after they go into effect.