At TCT Mobile Europe (“we”, “us”, “our”, “TCT”), we regularly collect and use information that could identify an individual (“personal data”), in particular about your purchase or use of our products, services, mobile and software applications and websites (“you”, “your”). The protection of your personal data is very important to us, and we understand our responsibilities to handle your personal data with care, to keep it secure and to comply with legal requirements.
Please read this Policy carefully. This Policy is not intended to override the terms of any contract that you have with us or any other entity of the TCL Group or any rights you might have available under applicable data protection laws.
We may make changes to this Policy from time to time for example, to keep it up to date or to comply with legal requirements or changes in the way we operate our business. We will notify you about significant changes by sending an email message to the email address you most recently provided to us. or notify it to you directly on your TCL device (for example during software upgrades). We encourage you to regularly check and review this policy so that you will always know what information we collect, how we use it, and who we share it with.
WHO IS RESPONSIBLE FOR LOOKING AFTER YOUR PERSONAL DATA?
TCT Mobile Europe is a group entity of TCL Communication Technology Holdings Limited (“TCL”), a China-based telecommunication company focusing on global scale smart product manufacture and internet application services, with a registered office at [22/F., TCL Technology Building, 17 Huifeng 3rd Road, Zhongkai Hi-tech Development District, Huizhou, Guangdong, 516006, PRC]. We are based at [55 Avenue des Champs Pierreux, 92000 Nanterre].
As several TCL Group entity are responsible for collecting information about customers and end-users, each will be data controller for their respective processing. You should be aware that as TCL is also responsible for looking after your personal data, information may be held in databases outside of the EU (Cf. section 7) and can be accessed by other TCL group companies depending on the relevant data processing.
WHAT PERSONAL DATA DO WE COLLECT OR PROCESS?
Personal data we collect or process include:
• [Contact and payment details and basic user information including your name, address, telephone number, credit card number, email address, gender, date of birth;
• Special categories of data including biometrics data, health data when you use certain applications;
• Other information about you including your occupation, language, location of your device, and time zone;
• Your marketing preferences including interests / marketing list assignments, record of permissions or marketing objections, website data;
• Device data and log information including unique device identifiers (such as IMEI [and IMSI] numbers, the address of the device’s wireless network interface (MAC address), or mobile phone number used by the device), referrer URL, IP addresses and details about your use of our websites, cloud services, app store, browsing history, search queries, browser type, and session frequency;
WHEN DO WE COLLECT YOUR PERSONAL DATA?
We will collect information from you directly when you use your device, when you upgrade your device, when you register an account on your device, or on our websites, when you sign up for marketing materials, when you purchase or use our products and services, or where you contact us with questions, complaints or suggestions or provide us with any feedback. We will not knowingly collect any personal data about children under 16 years old, unless otherwise provided by law, without making it clear that such information should only be provided with parental consent, if this is required by applicable laws. TCT and other TCL Group entities will only use the personal data of children as far as is permitted by law where the required parental or guardian consent has been obtained.
When you use our websites (the “Sites”), we may collect the following data:
• Information about your device including information on the products that you buy or the reasons for which you contact customer services by means of the Sites. Information related to the device may include the product code or the model number, your IP address, the category of product or data, the country code or device ID (MAC address, Universal Unique Identifier (UUID) etc.).
• Information about your account when you register on the Sites for the first time, you will be asked to enter certain information, such as your email address (which will be your User ID), your password, telephone number, name and address.
• Information about your use including information which entails all data collected through the Sites, such as, for example, your activity on the Sites (e.g. journal files identifying the clicks made on the Sites) or information on your registration.
• IP Address when you use the Sites, we may automatically record your IP address (the unique address that identifies your computer on the Internet) which is automatically recognised by our server.
WHAT PURPOSES DO WE USE YOUR PERSONAL DATA FOR?
We will use your personal data:
• [To keep you posted on software updates, technical updates, security alerts and support and administrative messages;
• To allow you to download and purchase our products and services such as our apps and related websites;
• To help us create, provide, develop, operate, deliver, maintain and improve our products, services, content, advertising and continually improve your user experience;
• To assess customer satisfaction and link or combine with information we get from others to help understand your needs and provide you with better user experience;
• To process transactions and send you related information, including confirmations and invoices;
• To respond to your comments, inquiries, questions, provide customer service and support and fulfil your requests
• To verify identity, assist with identification of users, and to determine appropriate services;
• To communicate with you and send you important notices or personalised messages, such as communications about purchases and changes to our terms, conditions, and policies;
• To monitor, evaluate and analyse trends, data, transactions, usage and activities in connection with our products and services;
• To facilitate internal purposes such as auditing, data analysis, and research to improve our products, services, and customer communications;
• To send you marketing materials, news and information which we think will be of interest to you such as our latest product announcements and upcoming events (where we have obtained your consent, or otherwise permitted by law to do so), this process may include profiling; and
• To detect, investigate and prevent fraudulent transactions and other illegal activities and protect our rights and property;
• To use your personal data for purposes associated with our legal and regulatory obligations.]
In addition to the above purposes, we will use your personal data collected on our Sites:
• To allow you to access restricted areas on the Sites;
• To allow you to download content or add a comment on the Sites;
• To understand how the customers use the Sites;
• To help you benefit from an enjoyable browser experience.
We have to establish a legal ground to use your personal data, so we will make sure that we only use your personal data for the purposes below:
• we have your explicit consent for the processing; or
• our use of your personal data is necessary to perform a contract or take steps to enter into a contract with you (e.g. to fulfil obligations under the contract signed between you and us), or
• our use of your personal data is necessary to comply with a relevant legal or regulatory obligation that we are subject to, or
• our use of your personal data is necessary to support ‘legitimate interests’ that we have as a business (for example, to improve our products, or to carry out analytics across our datasets), provided it is always carried out in a way that is proportionate, and that respects your privacy rights.
In order for us to provide you with our services when you use certain applications, we may collect special categories of data from you. For our collection or use of your special categories of data, we will rely on a specific lawful ground to those set out above which will allow us to use that information. This would typically be:
• your explicit consent;
• the establishment, exercise or defence by us or third parties of legal claims; or
• a specific exemption provided under local laws of EU Member States and other countries implementing the GDPR.
PLEASE NOTE: If you provide your explicit consent to allow us to process any of your data, 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.
WHO DO WE SHARE YOUR PERSONAL DATA WITH?
We may share your data with other TCL group companies in or outside Europe. A list of the TCL group companies is available at http://www.tclcom.com/. We may also share your data with third parties, to help manage our business and deliver services. These third parties may from time to time need to have access to your personal data. These third parties may include:
• Other third parties, for the purposes of detecting, preventing or otherwise addressing fraud, security or technical issues, protecting against harm to the rights, property or safety of our users or the public;
• Solicitors and other professional services firms (including our auditors).
Also, if we were to sell part of our businesses we would need to transfer your personal data to the purchaser.
We may use your personal data to send you direct marketing communications about our products and services or our related services including our latest product announcements and upcoming events. This may be in the form of [email, post, SMS, telephone or targeted online advertisements]. We limit direct marketing to a reasonable and proportionate level, and to send you communications which we think will be interesting and relevant to you, based on the information we have about you.
You have a right to stop receiving direct marketing at any time. You can do this by following the opt-out links in electronic communications (such as emails), or by contacting us using the details in Section 12.
We also use your personal data for customising or personalising ads, offers and content made available to you based on your usage of our mobile applications, websites, platforms or services, and analysing the performance of those ads, offers and content, as well as your interaction with them. We may also recommend content to you based on information we have collected about you and your viewing habits. This constitutes ‘profiling’ in respect of which more information is provided at Section 8 of this Policy.
Some of the TCL Group servers are based outside of Europe (including in China) and we may transfer your personal data to TCL group companies or service providers that are located outside of Europe. We may also share your personal data overseas, for example if we receive a legal or regulatory request from a foreign law enforcement body. We will always take steps to ensure that any international transfer of information is carefully managed to protect your rights and interests:
• we will only transfer your personal data to countries which are recognised as providing an adequate level of legal protection; and
• transfers to TCL group companies, service providers and other third parties will always be protected by contractual commitments for additional security.
You have the right to ask us for more information about the safeguards we have put in place as mentioned above. Contact us as set out in Section 12 if you would like further information or to request a copy where the safeguard is documented (which may be redacted to ensure confidentiality).
‘Automated decision making‘ refers to a decision which is taken through the automated processing of your personal data alone. This means processing using, for example, software code or an algorithm, which does not involve any human intervention. As profiling uses automated processing, it is sometimes connected with automated decision making. Not all profiling results in automated decision making, but it can do.
If you are a consumer that has consented to receive marketing updates, we may use profiling [to ensure that marketing materials are tailored to your preferences and to what we think you will be interested in.] This does not have any significant effect, or a legal effect on you. In certain circumstances it may be possible to infer certain information about you from the result of profiling, which may include special categories of data. We will not however conduct profiling based on your special categories of data unless we have obtained your explicit consent to do so.
Please note. You have certain rights in respect of automated decision making, including profiling where that decision has significant effects on you, including where it produces a legal effect on you.
HOW LONG DO WE KEEP YOUR PERSONAL DATA FOR?
We will retain your personal data [for as long as is reasonably necessary for the purposes listed in Section 4 of this Policy.] In some circumstances we may retain your personal data for longer periods of time, for example where we are required to do so to meet legal, regulatory, tax or accounting requirements.
In specific circumstances we may also retain your personal data for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a possibility of legal action relating to your personal data or dealings. [We maintain a data retention policy which we apply to records in our care. Where your personal data is no longer required we will ensure it is either securely deleted or stored in a way which means it will no longer be used by the business.]
WHAT ARE YOUR RIGHTS?
You have a number of rights in relation to your personal data. In summary, you may request access to your data, rectification of any mistakes in our files, erasure of records where no longer required, restriction on the processing of your data, objection to the processing of your data, data portability and various information in relation to any automated decision making and profiling or the basis for international transfers. You also have the right to complain to your supervisory authority (further details of which are set out in Section 12 below).
Those underlined are defined in more detail as follows:
|RIGHT||WHAT THIS MEANS|
You can ask us to:
• confirm whether we are processing your personal data;
• give you a copy of that data;
• provide you with other information about your personal data such as what data we have, what we use it for, who we disclose it to, whether we transfer it abroad and how we protect it, how long we keep it for, what rights you have, how you can make a complaint, where we got your data from and whether we have carried out automated decision making or profiling, to the extent that information has not already been provided to you in this Policy.
You can ask us to rectify inaccurate personal data. We may seek to verify the accuracy of the data before rectifying it.
You can ask us to erase your personal data, but only where:
• it is no longer needed for the purposes for which it was collected; or
• you have withdrawn your consent (where the data processing was based on consent); or
• following a successful right to object (see ‘objection’ below); or
• it has been processed unlawfully; or
• to comply with a legal obligation which TCT and other entities of the TCL group is/aresubject to. We are not required to comply with your request to erase your personal data if the processing of your personal data is necessary: for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims. There are certain other circumstances in which we are not required to comply with your erasure request, although these two are the most likely circumstances where we would deny that request.
You can ask us to restrict (i.e. keep but not use) your personal data, but only where:
• its accuracy is contested (see ‘rectification’ below), to allow us to verify its accuracy; or
• the processing is unlawful, but you do not want it erased; or
• it is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims; or
• you have exercised the right to object, and verification of overriding grounds is pending. We can continue to use your personal data following a request for restriction, where:
• we have your consent; or
• to establish, exercise or defend legal claims; or
• to protect the rights of another natural or legal person.
You can ask us to provide your personal data to you in a structured, commonly used, machine-readable format, or you can ask to have it ‘ported’ directly to another data controller, but in each case only where: the processing is based on your consent or the performance of a contract with you; and the processing is carried out by automated means.
You can object to any processing of your personal data which has our ‘legitimate interests’ as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests. Once you have objected, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights.
|Automated Decision Making|
You can ask not to be subject to a decision which is based solely on automated processing (see Section 8), but only where that decision:
• produces legal effects concerning you (such as the rejection of a claim); or
• otherwise significantly affects you. However you may be subject to a decision based solely on automated processing if it:
• is necessary for entering into or performing a contract with you;
• is authorised by law ; or
• is based on your explicit consent.
Excepted for automated processing authorised by law, you have the right to obtain human intervention in the decision making, and we will ensure measures are in place to allow you to express your point of view, and/or contest the automated decision.
To exercise your rights you may contact us as set out in Section 12. Please note the following if you do wish to exercise these rights:
• Identity. We take the confidentiality of all records containing personal data seriously, and reserve the right to ask you for proof of your identity if you make a request.
• Fees. We will not ask for a fee to exercise any of your rights in relation to your personal data, unless your request for access to information is unfounded, repetitive or excessive, in which case we will charge a reasonable amount in the circumstances. We will let you know of any charges before completing your request.
• Timescales. We aim to respond to any valid requests within one month unless it is particularly complicated or you have made several requests, in which case we aim to respond within three months. We will let you know if we are going to take longer than one month. We might ask you if you can help by telling us what exactly you want to receive or are concerned about. This will help us to action your request more quickly.
• Exemptions. Local laws may provide additional exemptions, e.g. in the UK, where it is subject to legal privilege, the right of access to personal data can be withheld from you in certain circumstances.
• Third Party Rights. We do not have to comply with a request to receive a copy of personal data (including in the exercise of the right to portability) where it would adversely affect the rights and freedoms of other Data Subjects.
HOW WE PROTECT YOUR PERSONAL DATA?
We endeavour to protect us and you from unauthorised access to or unauthorised alteration, disclosure or destruction of personal data that we hold.
• [We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems;
• We use encryption where appropriate;
• We use password protection where appropriate; and
• We restrict access to personal data to our employees, contractors and agents who need access to the relevant personal data in order to for them to process it for us and who are subject to strict contractual confidentiality obligations.]
You are responsible for the personal data that you choose to share, disclose or submit voluntarily while using our website or devices and which can be viewed by members of third party applications or sites such as chat applications or messengers.
COOKIES AND WEB BEACONS
What are cookies and web beacons?
A “cookie” is a small text file that we may use to collect data regarding your activity on the Sites. For example, when a user visits a page on one of the Sites, a cookie may be placed on the user’s device or is read if the user has already visited the Site concerned (if the user priorly provided consent for cookies and web beacons).
“Web beacons” are tiny images which carry a unique identifier and function like cookies. They enable us to count the users who visit certain pages on the Sites and help us to determine the effectiveness of promotions and advertising campaigns. When used in HTML format emails, web beacons can identify the sender if and when the mail has been opened. In contrast to cookies which are stored on the user’s computer hard disk, web beacons are integrated invisibly into the webpages. We may also use flash or Adobe cookies. However, web beacons, flash cookies and Adobe cookies being similar technology to simple cookies, we will also require your consent prior to using them.
We will refer to all types of cookies and web beacons as Cookies in the present section.
Why do we use them? When navigating the Sites, some Cookies are installed on your computer. The Cookies perform various functions, such as enabling you to browse pages efficiently, safeguarding your preferences and improving your overall experience on the Website. Cookies will also allow us to record information regarding your navigation on our Sites in order to track your behaviour pattern.
Which Cookies are used on the Sites?
We use the following cookies:
|Types of cookies||Name||Source||Use|
|Google Tag Manager||_dc_gtm_UA-62941400-26||Manage tags on Website|
|Google Analytics||ga||Performance and analytic cookies|
|Google Analytics||_gid||Performance and analytic cookies|
|AB Tasty||ABTasty||Alcatel||User test|
|AB Tasty||ABTastySession||Alcatel||User test|
|Magento||CACHED_FRONT_FORM_KEY||Alcatel||Magento Enterprise – used for the operation of the Website|
|Cookie display||cookiebar||Alcatel||Memorises the choice of cookie bar|
|Magento||VIEWED_PRODUCT_IDS||Alcatel||Magento Enterprise – used for the operation of the Website|
|Amazon||ad-id||Amazon||Amazon advertising system|
|Amazon||ad-privacy||Amazon||Amazon advertising system|
|Magento||frontend||Alcatel||Magento Session – used for the operation of the Website|
|Magento||is_ie||Alcatel||Redirection Popup – used for the operation of the Website|
• Operating Cookies.
These are Cookies that are necessary for the operation of our Sites and will, for example, allow you to access secure areas of our Sites. These Cookies do not collect information about you [and may be used for marketing purposes] or to allow your internet browsing history to be saved. This type of Cookies cannot be deactivated.
• Performance and analytics Cookies.
• Functional Cookies.
They are used to recognise you when you revisit our Website. This enables us to personalise our content and to remember your preferences (for example, your choice of language or region). These cookies do not collect information to identify you. All the information collected by the cookies is anonymous and are only used to improve the operation of our Website.
• Advertising Cookies.
They are used to allow us to deliver adverts that are relevant to your interests. Advertising Cookies on our Sites are mostly provided by third parties (eg. Amazon) and may also allow third parties to provide relevant advertisements on other websites you visit.
How do you deactivate or delete cookies?
In the below paragraph we will detail the procedure to follow if you wish to deactivate or opt out of Cookies that are not essential for our Sites to function.
The majority of browsers can be configured to inform you when you receive a cookie; you can also decide to block Cookies from your browser but, if you do, you cannot benefit from the personalised user features enjoyed by other visitors of the Sites and may no longer be able to access certain parts of the Sites (for instance if you disable Operating Cookies).
You can deactivate the Cookies by changing your browser settings which allows you to reject the installation of all or part of the cookies. To deactivate a cookie or a type of cookies does not delete them from your browser as deletion requires a . You should thus be aware that if you have deactivated one or several analysis Cookies, we may still be able to use the information collected by the Cookies installed before the deactivation unless you require deletion of such information. However, we will stop using the deactivated cookies for collecting further information.
If you wish to change your cookie settings, please open the “Options” or “Preferences” menu in your browser. For more information, please consult the “Help” option on your browser.
To learn more about your browser’s cookie settings, please click on any of the links below:
• Internet Explorer
How long do we keep them for?
Unless the cookies are strictly necessary to operate the Sites, all cookies expire after a period of [thirteen months ] and are then definitively deleted.