VERTU Privacy Policy

Dear user:

VERTU and our affiliates (hereinafter referred to as "VERTU" or "we") take your personal information and privacy very seriously, and will make every effort to protect the security and reliability of your personal information. Before using our products or product applications, please read carefully and confirm that you have fully understood the content of this Privacy Policy and accept all terms. If you are a parent or a guardian of a minor user, please read carefully and choose whether to agree to this Privacy Policy or not. Meanwhile, please educate and guide your minor to enhance the awareness and ability to protect personal information; if you are a minor user, please use our products or provide information to us with the consent of your parents or guardians. VERTU is committed to protecting your personal information with appropriate security measures in accordance with proven industry security standards. Please do not submit any personal information or private data to VERTU until you have carefully read, understood and agreed to this Policy.

VERTU formulates this Privacy Policy to help you understand the following:

1 How we collect and use your personal information

2 How we use cookies and similar technologies

3 How we share, transfer and publicly disclose your personal information

4 How we protect your personal information

5 Your rights

6 How we handle personal information of minors

7 Third-party services and products

8 How your personal information is transferred globally

9 Updates to this Privacy Policy

10 Contact us

Please note that this Privacy Policy applies only to VERTU’s products or services or applications, including but not limited to: feature phones, smartphones, e-ink screens, cell phones, accessories, mobile internet applications (Apps), VERTU website, and software. This Privacy Policy does not apply if a specific product or service does not display the content or link of this Policy, or has its own privacy policy.

This Policy describes VERTU's main policy on personal information and privacy data, but does not address all concerns regarding the handling of data. Therefore, VERTU may additionally provide user-specific information for products or services as a supplement to this Policy in order to notify the user when personal information is being processed for a particular purpose. Please be aware of other forms of such notices when you use VERTU’s products or services.

1 How we collect and use your personal information?

1.1 How, when and for what purpose we collect and use your personal information

(1) Creating an account, and purchasing and registering for a product or service

If you submit a request online to create an account and register for our product or service, we may ask you to submit data necessary to complete the request, such as your email address, recipient address, phone number, and product information, so that you can download the products, obtain the service and technical support, and upgrade the service. The information you provide will authorize us to use it during your use of our service. When you cancel your account, we will stop using and delete the above information.

(2) Upgrading a service

VERTU may collect the system and application information of your terminal product. This is to notify you of available system and application updates in time. The information collected for this purpose includes device name, system and application version, operating system and browser version, region and language settings, device ID (IMEI, ESN, MEID, and SN), and operator network code. When the terminal product is connected to the Internet, the upgrade service program will automatically check whether there is an updated version; and it will automatically download the relevant update file when there is a WIFI network.

(3) Statistics

VERTU may collect certain information for statistical and analytical purposes. Such information may include your device name, device version, device ID (IMEI), application usage, and the IP address from which you access the Internet. VERTU collects and processes this information to: provide you with a more humanized user experience and personalized content, improve our products, enhance the security of our network and services, and enable your after-sales service. When performing statistics on certain information, the terminal product will temporarily obtain the permission to connect to the device network or to send SMSs for information transmission.

(4) Fault location

When an abnormal condition occurs on your device or app and you choose to send relevant information to VERTU for VERTU or our partners to perform fault analysis, VERTU may collect relevant information, including device model, app name and version, device ID, and error logs.

(5) Data synchronization, sharing and storage

Certain services provided by VERTU allow you to synchronize, share and store data, and VERTU will collect and store the data that you choose to upload, download or implement such actions on.

(6) Other uses

When we use the information for purposes other than those specified in this Policy, or use the information collected for a specific purpose, we will seek your prior consent. If the personal information of a minor user is involved, and you are the legal guardian of a minor user, we may use the information for other purposes only with your consent; if you are a minor user, we may use it for other purposes only with the prior consent of your legal guardian. In the aforementioned cases, the legal guardian has the right to contact us through the channels described in Article 10 of this Policy to request correction or deletion of the content involving personal information of minors.

You understand and agree that after collecting your personal information, we may de-identify the data through technical means, and you will not be identified with the de-identified information. In such case, we are entitled to use the de-identified information to analyze and commercially exploit the user database without your consent.

1.2 Exceptions to prior consent

According to relevant laws and regulations, your consent is not required for the collection of your personal information if:

1) Such collection is in connection with national security and national defense;

2) Such collection is in connection with public safety, public health, and vital public interests;

3) Such collection is in connection with criminal investigation, prosecution, trial and execution of judgments;

4) Such collection is for the purpose of safeguarding the life, property and other major legitimate rights and interests of the subject of the personal information or other individuals, while it is difficult to obtain your prior consent;

5) The personal information collected is disclosed to the public by yourself;

6) The personal information is collected from legally publicly disclosed information sources such as legal news reports, and government information disclosure;

7) Such collection is necessary to conclude a contract at your request;

8) Such collection is necessary for maintaining the safe and stable operation of the services provided;

9) Such collection is necessary for legitimate news reporting;

10) Such collection is necessary for academic research institutions to carry out statistics or academic research for public interests, and when the results of academic research or description are provided externally, the personal information contained in the results is de-identified;

11) Other conditions stipulated by laws and regulations are met.

1.3 Location-based services

When you request certain services based on geolocation information, such as searching, navigating, and querying the weather based on a specific geographic location, VERTU may collect, use and process precise or rough geolocation data of your device so that VERTU can provide you with the above services. The information collected may include the ID, type, model, and real-time geolocation information of your device (including global positioning system (GPS) information, WLAN or carrier network code). You can enable or disable GPS information through GPS settings. VERTU collects geolocation information anonymously to provide and improve location-based products and services.

1.4 Collection and use of non-personal information

"Non-personal information" means any information which does not contain personally identifiable information, such as the number of visitors to our website and the number of hits on a webpage. VERTU collects such information to understand how users use our website, products or services, so that VERTU can make improvements to meet the needs of users.

2 How we use cookies and similar technologies

2.1 Cookies

To ensure the proper functioning of our website, sometimes we place small data files, which are called cookies, on your mobile device. A cookie is a simple text file that is stored on your mobile device by a website's server, and only that server can retrieve or read the content of the cookie. Each cookie is unique to a browser. It contains certain anonymous information such as the unique identifier, the name of the website and some numbers and digits. It allows a website to remember information such as your preferences or the items in your shopping cart.

Most major websites or Internet service providers will enable the website to "remember" you during your visit (using a "session cookie") or return to the website (using a "persistent cookie") to improve the user experience. Cookies help a website remember your settings. You don't have to set the language, font size and other preferences you use when browsing a website on your mobile device each time you return to the website. If a website does not use cookies, you will be deemed a new visitor every time you move to a new page of that website. For example, when you enter detailed data and move to another page, that page will not recognize you, nor will it keep you signed in.

Our cookies will not be used to identify you, but will only be used to improve and simplify the website so that you can have a better user experience when you visit. You can manage or delete cookies according to your preferences as desired. You can clear all cookies saved on your mobile device, or you can disable cookies in most browsers. However, if you delete or disable cookies, you may have to change your user settings yourself each time you visit our website.

VERTU will not use cookies for any purpose other than those described in this Policy, nor will they be used to collect any personal information for any other purpose.

2.2 Web beacons and pixel tags

In addition to cookies, we also use other similar technologies such as web beacons and pixel tags. A web beacon is usually a transparent image embedded in a website or email. With pixel tagging technology, we can tell if whether an email sent to you has been opened. For example, an email we send you may contain a click through URL linking to the content of our website. If you click on that link, we will track the click to help us understand your product or service preferences in order to improve our user service. If you do not want your activity to be tracked in this way, you may unsubscribe from our emails to you at any time.

2.3 Do Not Track

Many web browsers have a Do Not Track feature, which issues Do Not Track requests to websites. Currently, no major Internet standards organization has established policies that dictate how websites should respond to such requests. However, if your browser has enabled Do Not Track, then all our websites will respect your choice.

3 How we share, transfer and publicly disclose your personal information

3.1 Sharing

We will only share your personal information under the following circumstances:

(1) Sharing with express consent: We will share your personal information with other parties with your express consent;

(2) If the personal information of a minor is involved, we will share his/her personal information with providers of related products and services only with the consent of his/her parents or guardians;

(3) We may share your personal information with external parties in accordance with laws and regulations, or the mandatory requirements of government authorities;

(4) Sharing with our affiliates: We will only share personal information as necessary, subject to the purposes stated in this Privacy Policy. Affiliates will seek your consent again if they intend to change the purpose of processing personal information. If we share the personal information of minors with third parties, we will conduct a security assessment and take measures such as encryption, anonymization, and de-identification to ensure the security of minors' information;

(5) Sharing with authorized partners: Some of our services will be provided by authorized partners only for the purposes stated in this Policy. In order to provide better user services and user experience, we may share some of your personal information with our partners. For example, when you decide to purchase a VERTU product online, VERTU will need to submit your personal information to the relevant logistics operators, so that these operators can deliver the product to you, or our partners can provide other user services to you. VERTU strictly prohibits the use of shared information by authorized third parties for other purposes.

3.2 Transfer

We will not transfer your personal information to any company, organization and individual, except in the following cases:

(1) Transferring with express consent: We will transfer your personal information to other parties with your express consent;

(2) The transfer of personal information of a minor requires the prior consent of his/her parents or guardians;

(3) In the event of a merger, acquisition or bankruptcy and liquidation involving the transfer of personal information, we will require the new company and organization that hold your personal information to continue to be bound by this Privacy Policy; otherwise, we may require that company or organization to seek your consent again.

3.3 Public disclosure

We will only publicly disclose your personal information in the following cases:

(1) Disclosing with express consent: We will not disclose your personal information to other companies only with your approval;

(2) We may disclose the personal information of minors only for the following purposes:

1) to comply with relevant laws and regulations for use;

2) to comply with the provisions of court judgments, rulings or other legal procedures; and

3) to comply with the requirements of relevant government agencies or other legally authorized organizations;

(3) Exceptions to prior consent when sharing, transferring, and publicly disclosing personal information:

1) Such sharing, transfer, and disclosure are in connection with national security and national defense;

2) Such sharing, transfer, and disclosure are in connection with public safety, public health, and vital public interests;

3) Such sharing, transfer, and disclosure are in connection with criminal investigation, prosecution, trial and execution of judgments;

4) Such sharing, transfer, and disclosure are for the purpose of safeguarding the life, property and other major legitimate rights and interests of the subject of the personal information or other individuals, while it is difficult to obtain your prior consent;

5) Your personal information is disclosed to the public by yourself;

6) The personal information is collected from legally publicly disclosed information sources such as legal news reports, and government information disclosure.

According to the law, sharing and transferring de-identified personal information and ensuring that the recipient of the data cannot recover and re-identify the subject of the personal information is not an act of sharing, transferring or publicly disclosing personal information to the public, and the storage and handling of such data will not require separate notification to you and your consent.

4 How we protect your personal information

(a) We will use all reasonably feasible security protection measures in accordance with industry standards, including but not limited to physical, technical and institutional measures, to protect your personal information from unauthorized access, public disclosure, use, modification, damage or loss. For example, from the technical perspective, VERTU uses anti-virus software and encryption technology to protect and monitor our systems, and to enhance the protection of our data center against attack; on the physical end, VERTU sets up access control measures and access control mechanisms, giving access to such information only to those personnel who need it; in terms of systems, VERTU’s employees are trained on security and privacy protection knowledge to ensure that our employees understand the importance of data protection.

(b) However, the Internet environment is not 100% secure. In the unfortunate event of a personal information security incident, VERTU will, in accordance with the requirements of laws and regulations, promptly inform you of: the basic information and possible impact of the security incident, the measures we have taken or will take, the suggestions for you to prevent and reduce risks on your own, the remedial measures for you, etc. We will promptly inform you of the relevant information of the incident by email, letter, telephone, push notification, etc. When it is difficult to inform the subjects of personal information one by one, we will make announcements in a reasonable and effective manner.

5 Your rights

In accordance with the relevant laws, regulations, and standards of your country or region, as well as the prevailing practices of other countries and regions, we will ensure that you can exercise the following rights over your personal information:

(a) Accessing, changing or checking your personal information

VERTU will make commercially reasonable efforts to ensure the accuracy of your personal information. Meanwhile, you have the right to access your personal information, with exceptions provided by laws and regulations. For example, you can access or edit your profile information and payment information in your account, change your password, add security information or close your account. When you discover an error in the personal information VERTU has processed about you, you may ask us to correct it. VERTU will modify the incorrect information at your request.

(b) Deleting your personal information

You may request us to delete personal information if:

(1) our handling of personal information violates any law and regulation;

(2) we collect and use your personal information without your consent;

(3) our handling of personal information violates our agreement with you;

(4) you no longer use our products or services, or you cancel your account;

(5) we no longer provide you with products or services.

If we decide to respond to your request for deletion, we will also notify the entities that have obtained your personal information from us simultaneously and require them to delete it promptly, unless otherwise required by laws and regulations, or unless such entities have your independent authorization.

When you delete certain information from our service, we may not delete that information from our backup system immediately until the backup is updated.

Operation of each service requires some basic personal information (see "Part 1" of this Policy). You may give or withdraw your consent at any time for the collection and use of additional personal information.

6 How we handle personal information of minors

If required by law, VERTU will not collect personal information of minors without the consent of their parents or guardians. We will only use or disclose personal information about minors to the extent permitted by the laws of your country or region, or with the consent of guardians in accordance with local laws, or for the purpose of protecting the minors. When defining "minor", the applicable local laws, as well as the cultural practices of each country and region should be taken into account.

Where we collect personal information of minors with the consent of their parents or guardians to use our products or services, we will only use, share, transfer or disclose such information as permitted by law or regulation, with the express consent of their parents or guardians, or as necessary to protect the minors. We will take the following measures:

(1) For the collected personal information of minors, in addition to complying with the terms of this Privacy Policy on users' personal information, we will also store, use and disclose the personal information of minors in accordance with the requirements of laws and regulations in your country or region relating to the protection of minors' information, and will not exceed the period necessary to achieve the purpose of collection and use. After expiration of that period, the personal information of minors will be deleted or anonymized. At the same time, we will designate a person to be responsible for the protection of minors' personal information.

(2) When you, as a guardian, choose to use VERTU products for a minor under your guardianship, we may need to collect the personal information of the minor from you to provide relevant services to you. If we need to collect personal information of minors from you for a specific service, we will seek your prior consent and inform you of the purpose of the collection and the use of the information.

(3) Minors or their guardians have the right to access and correct the personal information of the minors at any time, and may also make requests to us for correction and deletion. If you have any comments, suggestions, complaints or reports on matters related to the personal information of minors, please contact us through the channels given in Article 10 of this Policy.

7 Third-party services and products

To facilitate your access and enrich your experience, there may be third parties other than VERTU that provide content or Internet links. You may choose whether to access such links or content, and whether to use such third-party services or products, while VERTU has no control over these offerings. We have no control over any privacy and data protection measures of third parties. Such measures are not governed by this Policy, and this Policy does not apply to any information you choose to provide to third parties at your discretion. Please check the third party's privacy policy before submitting your personal information to the third party, for which VERTU assumes no responsibility.

8 How your personal information is transferred globally

VERTU’s products and services may be provided by resources and servers located in different countries or regions of the world. As a result, your personal information may be transferred across borders to countries and regions other than the country or region where you use our services, and those countries or regions may not have laws that provide specific protection for personal information or may have different data protection laws. In such cases, VERTU will take steps to ensure that there is a legal basis for such transfers and that your personal information is adequately and equally protected under the applicable laws of the country or region in which you are located. For example, standard contracts approved by relevant authorization bodies (where necessary), and other appropriate technical and organizational information security measures may be used.

9 Updates to this Policy

This Privacy Policy may be revised and updated from time to time. We will not reduce your rights under this Privacy Policy without your express consent. We will post any changes to this Policy on this page.

VERTU will also notify you of material changes through as many channels and methods as feasible. Material changes in this Policy include, but are not limited to:

(1) material changes in our service model, such as the purpose of processing personal information, the type of personal information processed, and the manner in which personal information is used;

(2) changes in the primary recipients of the personal information shared, transferred or disclosed;

(3) material changes in your right to participate in the processing of personal information and the way you exercise it;

(4) changes in the department responsible for handling personal information security, our contact information and complaint channels; and

(5) existence of a high risk indicated by the personal information security impact assessment report.

10 Contact us

If you have any questions, comments or suggestions about this Privacy Policy, feel free to contact us at customer.service@vertu.com. We will do our best to get back to you within five business days.

Note: Due to local legal regulations and language usage habits, there may be slight differences between the local language version of this Privacy Policy and the common English version, and the local language version shall prevail in case of any conflict.

Last update: April 2022