This Privacy Notice is effective as of XX XX, 2021.
This Privacy Notice sets out how TCL and/or its affiliates and subsidiaries (collectively “TCL” or “we”) protect the personal data we process relating to you (your “Personal Data”), what types of Personal Data we collect about you, what we do with it, how we disclose it and which rights you have in relation to the processing of Personal Data.
Thank you for choosing TCL!
WHEN DOES THIS PRIVACY NOTICE APPLY?
This Privacy Notice applies when we process your Personal Data as a result of your access and use of TCL website (www.tcl.com), TCL smart TV products, SEMP branded devices, TCL smart service applications (including TCL Account, TCL Channel, TCL Home App, BrowserHere/T-Browser, TCL Live, TV Guard, MagiConnect, Chat Now, Smart Gallery, Reminder, Weather, Game Center, Gesture Control and Remote Diagnosis) and other TCL devices, websites or applications that may refer to this Privacy Notice (collectively “TCL Materials”).
This Privacy Notice also applies to our processing of the Personal Data of business contacts within our clients, business partners, supplier and other organizations with which TCL has or considers a business relationship.
To find out more, please click on any of the sections below:
We may update this Privacy Notice to reflect changes in how we collect and use your Personal Data or changes in applicable laws on a regular basis. Any update to this Privacy Notice will be effective upon its posting on our website at https://www.tcl.com/br/pt.html . In addition, we may also notify you to inform you about the changes to this Privacy Notice as required by applicable laws.
BY VISITING OUR WEBSITES, PROVIDING YOUR INFORMATION OR USING TCL MATERIALS, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THE PRACTICES DESCRIBED IN THIS PRIVACY NOTICE.
PERSONAL DATA WE COLLECT ABOUT YOU
Your privacy is important to us so we explain here what Personal Data we collect about you. Please note that, if you do not provide certain Personal Data, TCL may not be able to accomplish some purposes outlined in this Privacy Notice and you may not be able to use or access certain TCL Materials.
We may collect and process the following Personal Data about you:
Information that you provide to us. This includes information about you that you give us by filling in forms, entering information in our website, creating user accounts or by communicating with us, whether face-to-face, by phone, online, by email or otherwise, which are capable of identifying you or to make you identifiable depending on the context. This information includes, without limitation, the following:
o Personal contact information: your name, shipping, billing address, email address, phone number;
o To comply with our legal obligations required under applicable laws, we may also collect your tax payer number (CPF);
o Log in information: username, password, nickname;
o Demographic information: date of birth, gender;
o Payment information: your debit or credit card details, bank details or other payment and financial information;
o Other information about you such as your occupation (e.g. when you participate in our survey), language, health and exercise data;
o Information about TCL Materials that you own and use, and proof that you purchased them, when applicable.
Information we collect or generate about you.
We collect Internet, electronic activity, and other information automatically from the devices and browsers that you use. This includes, without limitation, the following:
o Details about your usage of the TCL Materials;
o Location of your device and time zone;
o Details about your usage of the products that we supply to you such as browsing history, search history, page clicks and your activities when using our products or services (e.g. we may collect the app using time when you use TCL Channel);
o The IP address, MAC address, Device-ID, Terminal ID, serial number, IMEI number, IMSI number, advertising ID (a unique user ID assigned to your devices for advertising purposes), and any other device identifiers or device-specific information about your TCL Materials; geolocation information provided by your device’s GPS signal or communicated through a nearby Wi-Fi access points and cell towers while you use certain services and enable the location feature;
o Error logs, error codes and error descriptions and other information that you provide relating to faults or defect experience with any of your TCL Materials;
o Where we provide after-sales services to you, your emails, phone number, address, fax number, chat history or recordings of phone conversations between you and our support staff.
Information we obtain from other sources.
We may collect information about you from third parties. This includes, without limitation, the following:
o Information from social media networks;
o Information obtained from other providers of products, services, websites and applications;
o Other commercially or publicly available sources (as allowed under the law);
o If you take part in market research programs organized and/or sponsored by/on behalf of TCL we may also collect information from third party websites or social media networks, in accordance with the privacy policies of those respective websites and social media networks.
We may also collect other information about you, your device or the use of TCL Materials in the manner informed at the time of collection and/or with your consent in accordance with applicable laws.
We will not knowingly collect any Personal Data from or about children under age 13, or minimum age allowed in your jurisdiction, without making it clear that such information should only be provided with a parent’s or guardian’s consent, if this is required by applicable laws. If you believe that your child has provided us with his/her Personal Data without a parent’s or guardian’s consent, please contact us via the email address provided in the Contacting Us section below. TCL will only use Personal Data relating to or from the children as far as it is permitted by applicable laws and if required, only with parent’s or guardian’s consent. If your child uses our Kids Learning or Kids Mode services, TCL family watch, or other TCL products or services for child, we will provide you a separate privacy notice with more details on how we protect children’s Personal Data.
USES OF PERSONAL DATA
Your Personal Data may be collected, stored, processed or otherwise used by us in the following ways and for the following purposes:
To the extent the Personal Data we collect about you is considered special categories of Personal Data or sensitive Personal Data under applicable laws, we process such data based on your explicit consent, and you may withdraw your consent to such processing at any time. However, you should be aware that if you choose to do so we may be unable to continue to provide certain services to you. If you choose to withdraw your consent, we will tell you more about the possible consequences. If permitted by applicable laws, we may also process special categories of Personal Data that you expressly made public or to establish, exercise or defend legal claims.
The Section “Product Specific Terms” below provides more detailed information about the Personal Data we collect and the purposes for which we use the Personal Data in connection with TCL’s smart TV, MagiConnect, TCL Home application, and TCL Channel.
If you act as a business contact of your organization to purchase or use TCL Materials on behalf of your organization, we may collect your name, shipping, billing and/or business address, email address, phone number, and use your Personal Data to the extent necessary to carry out ordinary business operations, for associated administrative purposes or for other purposes specified above in the Section “Uses of Personal Data”.
DISCLOSURE OF YOUR PERSONAL DATA TO THIRD PARTIES
We do not sell or otherwise disclose Personal Data you have provided to us, except as described in this Privacy Notice, as disclosed to you at the time of the data collection or as described in any specific privacy notice, as applicable.
We may disclose your Personal Data with TCL’s affiliates and subsidiaries in one or more of the circumstances described below:
We may also share your Personal Data with third-parties in order to achieve the purposes mentioned in the Section “Use of Personal Data” above, including:
To the extent required by law, or if we are under a duty to disclose your Personal Data in order to comply with any legal obligation, establish, exercise or defend our legal rights and/or of third parties.
Besides the disclosures of Personal Data informed in this Privacy Notice we may share your Personal Data with third parties whenever you authorize the sharing.
Please note that if you access third-party services — such as social media services, third-party single-sign on tools, third-party applications, mobile platforms, and telecom carriers of your devices — through our services, these third-party services may be able to collect information about you, including information about your activity on the products and services, and they may notify your connections on the third-party services about your use of the product and services, in accordance with their own privacy policies.
THIRD PARTY LINKS
Our website may contain links to third-party sites. We are not responsible for the privacy practices or content of such other sites and this Privacy Notice does not apply to them. You must carefully read the privacy policies related to services of third parties, contacting directly those parties in case of need.
INTERNATIONAL TRANSFER OF PERSONAL DATA
TCL shares your Personal Data globally with the companies within its corporate group to carry out the activities specified in this Privacy Notice. TCL may also subcontract the processing or sharing of your Personal Data to third parties located outside your country. When you use TCL Material, we may transfer, storage and process your information within and outside of your country of residence, consistent with this Privacy Notice. The processing of your Personal Data may, therefore, be also subject to laws other than the ones from your country.
TCL takes appropriate steps to ensure that transfer of Personal Data shall be done in accordance with applicable privacy laws and, in particular, that contractual, technical and organizational measures will be in place, such as, with no limitation, the Standard Contractual Clauses approved by the European Commission.
SECURITY OF YOUR PERSONAL DATA
We have adopted organizational, physical and technical security measures that are in line with the industry standards to protect the Personal Data you provide, and to prevent any unauthorised access, disclosure, use, modification, damage or loss of data. We will take reasonable and practical steps to protect your Personal Data, including the following:
Please understand, however, that no data transmissions over the Internet can be guaranteed to be 100% secure. If we become aware of any violation of our security system, we will act in a timely fashion in accordance with any applicable laws.
RETENTION OF PERSONAL DATA
Data protection laws may give you a number of legal rights in relation to the Personal Data that we hold about you. Not all data protection laws are the same so not all of these rights apply in all places. You may refer to the Annexes of this Privacy Notice for more details about your rights in certain specific jurisdictions.
However, we recognise that your Personal Data belongs to you only and that enables you to control how we use it. Your rights may include:
You can exercise your rights by contacting us using the details set out in the “Contacting Us” section below.
We may need to confirm your verifiable consumer request before completing your request, and, for example, may ask for you to confirm data points we already have about you. We will only use Personal Data provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
PRODUCT SPECIFIC TERMS
This Privacy Notice applies generally to how we use your Personal Data in relation to our products and services. We may also process additional Personal Data in relation to particular products or services.
We and our third party partners collect Personal Data about your use of or Smart TV products, such as name and duration of videos played, user favourites, pages viewed, and time spent on those pages. This is so that we are able to better understand how our customers use the product and ensure that we can continue to make improvements and tailor our services.
We may collect Personal Data when you use the camera or microphone of your Smart TV products. For example, when you use the camera (either built-in or external camera) to conduct video live chats on your Smart TV products, to provide the video live chat services, we may collect data about your TCL accounts, your video and audio chat history, support data related to trouble shooting and feedbacks related to the use of services.
We may collect additional Personal Data in order to provide remote diagnosis of problems with your Smart TV products. For example, we may collect real-time screenshots and information about the data stored on your Smart TV products. This is to ensure that problems with your Smart TV products can be resolved as efficiently as possible.
The Smart TV products capture data of the Amazon Alexa or Google Action voice assistant function on your Smart TV products. This information includes a device description, your voice, Skill Token and Voice command. When you use the voice assistant function, your voice data will be processed by Google or Amazon. Your data will be directly transferred to Google or Amazon. Please refer to the Google or Amazon privacy notices for information on further processing of your Personal Data by these companies.
Our third-party advertising partners may use automatic content recognition (ACR) and other technologies to collect your TV viewing and usage information to create profiles of users and determine the personalized advertisements that your devices will receive. You may control whether to allow us to activate the data collection by ACR by following the method provided in the settings page of your Smart TV.
We and our third party partners will collect details about your usage of the MagiConnect application, including the volume of usage you make of the MagiConnect application (measured through the number of clicks you make) as well as the choice of services you make through the MagiConnect application. We do this so that we understand better your usage of the MagiConnect application and can tailor the layout of the application to your preferences.
We and our third party partners will collect details about your usage of the TCL Home application, such as the volume of usage you make of the TCL Home application, the information you provided through live chat and the choices of services you make through the TCL Home application. We do this so that we understand better your usage of the TCL Home application and improve our services and tailor the layout of the application to your preferences.
To provide you with services that allow you to connect and manage multiple TCL devices and other manufacturers’ devices owned by you, we and our third party partners will also collect the following information about you: Wi-Fi or blue tooth information, location, TCL account, device information about your phone and information about the TCL devices to be connected.
TCL Channel allows users to search content available within TCL Channel by initiating the voice control function in Roku TV. When you use the voice control function, your voice data will be processed by Roku TV directly. Please refer to the Roku TV privacy notices for information on further processing of your voice data.
We may collect and process data in relation to the Roku TV or TCL device you hold (e.g. its device model, unique device identifier, brand, MAC address, Roku operating system version, region, IP address, application version), and your use of TCL Channel (e.g. your clicks records and browsing history). We may engage third party processors to analyse such data and build profiles on your usage and preference. We do this so that we can understand better how our customers use TCL Channel and make recommendations to you on other content which you may be interested in.
We and our third-party advertising and data analytics partners use “cookies” and similar web technologies including pixel tags or web beacons, (“automated collection tools”) to support certain features of the TCL account, smart TV and other websites and applications operated by us. Automated collection tools are pieces of code deployed on your device. The automated collection tools allow the website to recognize your browser or device during your visit to the TCL website/application or when you return to the TCL website/application. For further details about the cookies we use, please see our Cookies Policy, which can be found here:
We use two types of automated collection tools: “session cookies” and “persistent cookies”.
A session cookie expires after you close your browser. A session cookie will identify you during your browsing session by assigning a randomly generated unique identification number to your device. We use session cookies:
Persistent cookies do not expire when you close your browser. We use persistent cookies:
How to Manage Automated Collection Tools
If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your device. You may also delete cookies as soon as you leave the TCL account or other TCL website / application. Although you are not required to accept cookies when you visit the TCL account, if you set your browser to reject cookies, you may not be able to use all of the features and functionality of the TCL account or other TCL website/application.
For example, the Help portion of the toolbar on most web browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new automated collection tools, and how to entirely disable automated collection tools. With regards to some of the popular browsers you can find more information by clicking on the following relevant links: Google Chrome; Microsoft Edge; Mozilla Firefox; Microsoft Internet Explorer; Opera and Apple Safari.
Where required by applicable laws, we will present you with a cookie banner the first time you visit our website/application that explains what type of automated collection tools we use and which asks your consent for some of the automated collection tools we use.
Personal Data Collected through Automated Collection Tools
We use the Personal Data collected through automated collection tools for the purposes specified above (including in the Section “Uses of Personal Data”). For those cookies where we ask for your consent to deploy them, we also rely on consent as the legal basis for processing Personal Data collected through those cookies.
For U.S. users, the Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. Please visit https://www.networkadvertising.org to learn more. Note that opting-out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.
At this time, our website does not recognise automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.
If you would like further information on the collection, use, disclosure, transfer or processing of your Personal Data or the exercise of any of the rights listed above, please contact us through the specific channels indicated below.
For residents in EEA, our representative in the European Union is TCL Europe, which has its offices at 9-15 rue Rouget de L'Isle- 92130 Issy- Les-Moulineaux, France. Please contact us by firstname.lastname@example.org.
For residents in the UK, our representative in the United Kingdom is TCL Electronics UK Limited, which has its principal office at 2nd Floor, Office 201, The Porter Building, 1 Brunel Way, Slough, Berkshire, United Kingdom, SL1 1FQ. Please contact us by email@example.com.
For users in India, our Grievance Officer in India is Mr. Sudhansu Sahu and can be reached at firstname.lastname@example.org.
For users in the United States, TCL subsidiary is TTE Technology, Inc., whose related addresses and contacts is indicated below:
TTE Technology, Inc.
1860 Compton Ave. Corona
Contact us by sending an email to email@example.com, or by calling our toll-free number at 1-877-300-8837
For users in Brazil, TCL’s subsidiary is Semp TCL Indústria e Comércio de Eletroeletrônicos S.A. (Tax Payer Number 24.227.491/0001-76), whose address and related contact is indicated below:
Semp TCL Indústria e Comércio de Eletroeletrônicos S.A.
Avenida Arnaldo Rojek, nº 01, Rua 4, Galpão C - parte 2, Altos de Jordanésia, Cajamar/SP - CEP: 07.786-900
Contact us by sending an email to firstname.lastname@example.org, or by calling +55 (11) 3004-7570.
For users in China and other regions of the world, the data controller is Shenzhen TCL New Technology Co., Ltd, with its address at 9F Building D4, International E-City, No. 1001 Zhongshanyuan Road, Xili Street, Nanshan District, Shenzhen City, Guangdong Province, China.
(This session shall become effective as of the date of entry into force of LGPD)
The provisions set out in this Annex are exclusively applicable to personal data processing activates subject to the Brazilian legislation, in particular Law n. 13.709/2018 as amended (“LGPD”). In the event of contradiction between the provisions set out in the main text of TCL Global Privacy Notice and this Annex, the provisions of this Annex shall prevail exclusively in relation to the processing activities subject to Brazilian Law.
Legal Bases for Processing Personal Data
The processing of Personal Data may be conducted in accordance with one of the following main legal bases: (i) compliance with a legal or regulatory obligation of TCL; (ii) contract necessity; (iii) exercise of legal rights in judicial, administrative or arbitration proceedings; (iv) protection of life and health; (v) legitimate interest of TCL or third parties; and (vi) credit protection.
When you visit our sites, provide your Personal Data or use TCL Materials, you declare your knowledge as to the collection, use, transmission, transfer, classification, access, storage, modification, communication, disclosure, elimination or any other processing activity in relation to your Personal Data as described in the Privacy Notice.
Confidentiality of Personal Data and your Responsibilities
TCL applies it best efforts to protect your Personal Data. You are responsible for all the activities under your login and password related to TCL Materials. If, by any chance, you believe that your account information is unauthorized known, please contact us as described in the “Contacting us” section.
The applicable rules and legislation grants you the following rights: (i) right to confirm the existence of processing activities related to your Personal Data; (ii) right of access; (iii) right to correct incorrect, incomplete or outdated Personal Data; (iv) right of anonymization, blockage or exclusion of unnecessary or excessive Personal Data, or of Personal Data processed in violation of the applicable legislation; (v) right of portability; (vi) right to exclude Personal Data which is no longer necessary for the purposes for which collected, but for cases in which retention of the Personal Data is necessary and allowed under the law; (vii) right to obtain information on the private and public entities to whom your Personal Data was shared; (viii) information on the consequences of refusing consent; (ix) right to withdraw consent; (x) right to petition to the Brazilian National Data Protection Authority (“ANPD”) in relation to the processing of Personal Data; and (xi) right to refuse the processing of Personal Data due to lack of compliance with the applicable legislation.
Automated decision and Profiling
Automated decision are decisions based on the use of algorithms and computer programs without human intervention.
On the other hand, profiling involves analyses of certain personal aspects, such as your interests, preferences, behaviour, location, through an automated processing of Personal Data with statistical processes. As result of this processing, we may send you targeted communication, present more relevant information on our platforms that we believe might be of your interest.
You have the right to request the review of a decision carried out in an automated processing of information.
The data controller is Shenzhen TCL New Technology Co., Ltd, with its address at 9F Building D4, International E-City, No. 1001 Zhongshanyuan Road, Xili Street, Nanshan District, Shenzhen City, Guangdong Province, China, unless otherwise informed in a specific privacy statement.
To contact TCL’s DPO, please send an email to email@example.com or by calling our toll-free line at +55 (11) 3004-7570.
You also have the right to petition to ANPD in relation to the processing of your data. For that, please contact ANPD directly.
ANNEX EUROPEAN ECONOMIC AREA
(EEA) AND UNITED KINGDOM (UK)
Use of Personal Data
Your Personal Data may be collected, stored, processed or otherwise used by us in the following ways and for the following purposes and legal basis:
1. To perform a contract with you and to provide you with TCL Materials;
2. To comply with a legal obligation to which we are subject;
3. TCL has legitimate interest in collecting and processing your Personal Data;
4. Other purposes with your informed consent.
TCL may use your Personal Data for purposes compatible with purposes mentioned above. When assessing whether a purpose is compatible, we will take into account the criteria set out in applicable laws, including your reasonable expectations. In other words, Personal Data may be used for non-conflicting and/or excessive secondary purposes in relation to the purposes mentioned above.
Data protection laws in member states of the EEA and the UK may give you a number of legal rights in relation to the Personal Data that we hold about you. These rights may include:
If you are between 13 and 16 years old, you live in the EEA or UK, and we ask for your consent, make sure that under your country’s data protection laws you are able to provide valid consent without authorization of your parents or guardian. We will verify your age and may ask for parental/guardian consent.
Transfer of Personal Data
When we transfer your Personal Data outside the EEA or UK, we will ensure that it is protected in a manner that is consistent with how your Personal Data will be protected by us in the EEA or UK and an adequate level of protection will be ensured, through one of the following mechanisms:
The third country where we transfer your Personal Data has been recognized as capable to ensure an adequate level of protection by a decision of the European Commission or UK Secretary of State, as applicable;
The importer and the exporter have signed the “standard contractual clauses” approved by the European Commission or UK Secretary of State, as applicable;
As applicable, TCL may also share the data in accordance with derogations for specific situations set out under applicable laws, such as to provide services requested by you, to conclude or perform a contract in your interest, with your explicit consent, as necessary for important reasons of public interest, and if necessary to establish, exercise or defend legal claims.
You may request additional details about how your Personal Data is protected by us in case of transfer outside an EEA country or UK (including a copy of the Standard contractual clauses entered into with importers in the third country) by contacting us as described in the “Contacting us” section below.
Your California Privacy Rights
In the past 12 months, we may have collected categories of Personal Data that are described in the TCL Global Privacy Notice.
For Residents of California, United States only, in addition to the above mentioned rights in the “Your Rights” section, from January 1, 2020, you will be entitled to the below rights:
Once we receive your request, we will verify it by checking whether the email address of the request is the same as the email address that is used to register your account. We may ask for additional information (such as your IMEI or device serial number) if we need to further verify your identity to promote security or protect against fraud. You may be entitled, in accordance with applicable law, to submit a request through an authorized agent. To designate an authorized agent to exercise your rights and choices on your behalf, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to exercise rights on your behalf.
Additionally, California Civil Code Section 1798.83 permits users who are California residents to request certain information regarding our disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please contact us using the contact information provided below and put “Shine the Light” in the subject line of your request.
You can exercise your rights by contacting us using the details set out in the “Contacting us” section above. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.