Hiya Privacy Policy for TCL Devices

Effective Date: Dec 19, 2018

Updated: October 28, 2020

What is this policy?

Hiya, Inc. ("Hiya" or "We") values your privacy. In this Privacy Policy ("Policy"), we describe how we collect, use, and disclose information that we obtain about users in connection with the Hiya integration with your TCL Communication Technology Holdings, Ltd. ("TCL") and corresponding service (our "Service"). We explain who we are, why, on what legal basis, and how we process personal data and, if you are the subject of any of the personal data concerned, what rights you have and how to get in touch with us if you need to.

This Policy applies only in the context of the Hiya integration into your TCL device and does not apply to Hiya's websites, applications, or other services or products that display a privacy policy that differs from this Policy.

By accepting the Terms of Service and this Policy using the Service, you agree that your personal information will be handled as described in this Policy. Your use of the Service is subject to this Policy and the Hiya Terms of Service for TCL Devices. Our Terms of Service are incorporated by reference into this Policy.

Please note that the Service may contain links to third-party Web sites. Any access to and use of such linked Web sites is not governed by this Policy, but instead is governed by the privacy policies of those third party Web sites. We are not responsible for the information practices of such third party Web sites.

Who are we?

We are Hiya, Inc. Our contact and other details are set out at the end of this policy. We are the controller in relation to the personal data processed in accordance with this policy (except where this policy explains otherwise).

Our details – options to contact us:

- US Office: 110 Union St., Suite 500, Seattle, WA 98101 USA

- Email: support@hiya.com

- Follow this link to contact Hiya Customer Service

- Data Protection Officer: e-mail: dpo@hiya.com

- UK Office: Churchill House, Churchill Way, Cardiff CF10 2HH, Contact: Alex Algard

- EU/ Hungary office: 1066 Budapest, Mozsár utca 16. 5th floor, Contact: Daniel Lehoczky

Whose personal data do we process?

We may process personal data relating to you if:

What personal data do we process?

We collect information given directly by you, by third parties (e.g., data providers), and automatically as you use the Service. The personal data relating to you that we process may include the information set out below.

A key component of the Service is to assist our users in identifying telephone calls including potentially unwanted telephone calls. To do so, we may collect call and text log information automatically from our users' devices.

In addition, in case you are one of our users, we may also process the following personal data relating to you:

If you contact us, we will collect whatever information you choose to provide in your correspondence with us often this includes your phone number, email address or other contact details.

We may combine this information with other information that we have collected about you, including, where applicable, your user id, name, and other personal information. Please see the section "Our Use of Cookies and Other Tracking Mechanisms" for more information.

User Generated Content

We also invite you to contribute information in and on the Service, including your comments in spam reports, spam category, name corrections and any other information that you would like to be available on Service. We will not text or call any of your contacts without your explicit consent. If you contribute information to the Service, your posting may become public and we cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy. In general, if you choose to disclose information about other people to us, you confirm that you have the authority to use and share such information.

What do we do with your personal data?

In case you are one of our users, we may process your personal data for the purposes listed below.

As necessary to perform our contract with you, for our or third parties' legitimate interests, especially in order to provide the Service to you and other users, to assist our users in identifying potentially unwanted telephone calls, including:

If you are a Business User we may process your personal data to enter into, and to perform, contracts with you or the person that you work for.

In case you are not one of our users, we may process your personal data for the following purposes based on our and third parties' legitimate interests:

Who do we disclose your personal data to?

We may share your personal data with:

What are the legal grounds for our processing of your personal data?

The legal bases on which we process your personal data is described below:

Where do we process personal data?

The data that we process in relation to you may be transferred to, and stored at, a destination in another country. Hiya's data centers are located outside the European Economic Area ("EEA") that may not be subject to equivalent data protection law. It may also be processed by staff situated outside the EEA who work for us or for one of our partners. Your information for example could be transferred to the USA, Brazil, Singapore and Australia.

Where personal data is transferred in relation to providing the Service we will take all steps reasonably necessary to ensure that it is subject to appropriate safeguards and that it is treated securely and in accordance with this Policy, such as relying on a recognized legal adequacy mechanism which may include entering into EC approved standard contractual clauses relevant to transfers of personal information.

How long do we process personal data for?

We process personal data only for so long as is necessary for the purpose(s) for which it was originally collected, after which it will be deleted or archived except to the extent that it is necessary for us to continue to process it for the purpose of compliance with legal obligations to which we are subject or for another legitimate and lawful purpose.

We may retain some of your information even after you disable or stop using the Service, except if you instructed us otherwise, or if you agreed to share your name and phone number with the Service, it will be removed when you disable the Service, unless this information was already available to Hiya before you started using the Service.

In particular, we may for an indefinite period process your call logs and spam reports which you granted us access to before disabling or stop using the Service. We do this strictly for statistical purposes, in order to enable us improving our algorithms and the Service. We will not use these data for any other purposes, and the processing will have no effect on you or any other natural person. The data will not be shared with any third parties either, and we take appropriate measures to ensure that your data is safe with us.

Children Under 16

The Service is not designed for children under 16 and Hiya does not make its' services available to Children under 16. If you are under the age of 16, you may not use the Service and you may not provide us with any of your personal details. If we discover that a child under 16 has provided us with personal information, we will delete such information from our systems.

What are your rights?

You have the following rights in relation to personal data relating to you that we process:

How can you exercise your rights?

You may exercise your above rights, including your right to withdraw your consent and access to your personal data, by:

Please note that we may be required to ask you for further information in order to confirm your identity before we provide the information requested.

Security

We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.

Our Use of Cookies and Other Tracking Mechanisms

We and our third party service providers use cookies and similar technologies, including mobile application identifiers, to track information about your use of the Service, help us recognize you on this Service and across other products, improve your experience, increase security, measure use and effectiveness of the Service, and serve advertising. We may combine this information with other personal information we collect from you, and our third party service providers may do so on our behalf.

Currently, the Service does not recognize "do-not-track" requests. By using the Service, you consent to the placement of cookies and beacons on the TCL device in accordance with this Policy. You may, however, disable certain tracking. Specifically, you may control your device's Google Advertising ID and opt out of interest-based ads from the Google Settings app.

Changes to this policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice of such change by highlighting the change on the Service or their corresponding Web sites, sending a push notification, or displaying on any of the Web sites associated with the Service.