Magic Motion App Privacy Notice

MAGIC MOTION APP PRIVACY NOTICE

Shanghai Maylian Industrial Co., Limited                                    

Effective May 25, 2018

At Shanghai Maylian Industrial Co., Limited we know privacy and security is important to you.

The privacy of your personal data is also important to us. We will provide you with an experience on our app that is safe and secure.

This Privacy Notice describes our privacy and data practices on the magic motion mobile phone application (the “App”), and is meant to help you understand what information we collect, why we collect it, and how you can update, manage, export, and delete your information.

  1. This App is for People Over the Age of 18

YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS APP. We do not knowingly collect personal data from persons under 18. Accordingly, all users will be required to acknowledge in the App that they are 18 or older prior to initial use. Additionally, if we learn we have collected or received personal data from a person under 18, we will delete that information. If you believe we might have any information from or about a person under 18, please contact us (For more information about us, please see Section 14).

  1. This Privacy Notice DOES NOT Apply to the Following Information

This Privacy Notice does not apply to information that we collect offline or on any other of our apps or websites, including websites you may access through the App.

Our websites, our other apps and third parties may have different privacy policies, which we encourage you to read before providing information on or through them. Please read this Privacy Notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with or use the App.

  1. All Magic Motion Devices Can be Used without this App

After downloading the App, you have the option of using the App to control a Magic Motion device locally, through Bluetooth, or via the internet. We do not ask you to provide your name, address or other personally identifying information as part of the App installation process or otherwise. However, to use the App to connect remotely to a Magic Motion device via the internet, you must create an anonymous account (by providing a nick name).

  1. Who We are and What We Need

Our Privacy Notice governs the use and storage of your personal data which relates to a living individual who can be identified from that data. “Personal data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. Identification can be by the information alone or in conjunction with any other information in our possession or likely to come into such possession. We will collect your personal data either directly from you when you provide them to us or automatically when you use the App. Our processing of personal data of individuals in the European Union is governed by the General Data Protection Regulation 2016/679 (the “GDPR”).

We, Shanghai Maylian Industrial Co., Limited, are a controller of the personal data you (data subject) provide us. This means we decide how your personal data is processed and for what purposes. We collect the following types of personal data from you:

  • An anonymous id
  • Remote chatting content, including Text, Pictures and Audio.
  • Device information, device identifier, device type.
  1. Purpose and Legal Basis for Processing Your Personal Data

We comply with our obligations under GDPR by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorized access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data.

We need your personal data for the following purposes:

  • To provide and improve our services;
  • To provide the necessary functionalities for the app.

The first time you launch the App, we will require you to provide a nick name, which will be stored on our servers, and we will provide you with a unique anonymous identifier at the same time. The App will use this anonymous identifier to create connections with your chatting partners when you use the App’s remote chatting feature, enable your chatting partner to identify you, and share control of your Magic Motion products with your chatting partner.

We provide remote chatting service in the App. Your chatting records will be encrypted in the communication process and stored on the server for three days. To the extent you share any personal data in using the remote chatting feature (including any sensitive personal data), they will be collected and stored as part of your chatting records. We store your chatting records for three days for the purpose of the communication process. We may also process your personal data for:

  • compliance with a legal obligation to which we are subject;
  • protecting your vital interests or that of another natural person;
  • the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • the purpose of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of you which require protection of personal data.

If we collect any special category personal data (i.e., sensitive personal data about an individual that reveals his or her racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data or biometric data for the purpose of uniquely identifying such individual, data concerning health or his or her sex life or sexual orientation), we will explain to you the relevant purposes and processing conditions and seek your explicit consent prior to processing your such personal data. We currently do not collect any special category personal data from you unless you choose to share any such data when using the App’s remote chatting function.

If you request that we stop processing some or all of your personal data or if you withdraw your explicit consent for our use or disclosure of your personal data for purposes set out in this privacy notice, we may not be able to provide you all of the services and customer support offered to our users and authorized under this privacy notice.

Upon your request, we will close your account and remove your personal data from view as soon as reasonably possible, based on your account activity and in accordance with applicable national laws.

  1. Where We Do with It

Your personal data will be processed in room 508, yishan road 1888 shanghai located in China. Hosting and storage of your data takes place at the facilities of Alibaba Cloud, which is located in shanghai..

  1. Safeguarding and Retention of Personal Data

We have implemented administrative, technical and physical measures designed to safeguard your personal data in our custody and control against theft, loss and unauthorized access, use, modification and disclosure.

We restrict access to personal data on a need-to-know basis to employees and authorized third party service providers who require access to fulfill their job requirements.

We keep your personal data for no longer than reasonably necessary in order to provide personalized experience toyou In the case of any personal data you share when using the App’s remote chatting feature, such data will be collected as part of your chatting records and stored for only three days.

After the relevant retention period, your personal data will be irreversibly destroyed. Any personal data held by us for marketing and service update notifications will be kept by us until such time that you notify us that you no longer wish to receive this information.

  1. Sharing Your Personal Data

Your personal data will be strictly confidential. We will only share your data with third parties outside of us after you grant explicitly consent.

We may disclose your non-personal information to other members of the Magic Motion corporate family or to third parties. This disclosure will improve the user experience of our products and build some statistic data.

  1. Non-personal Identified Information We Collected
  • All Other User Data will be Stored Locally 

All data other than the personal data referred to in Sections 4 and 5 above will be stored on your phone locally. These data are required for the App’s functionalities; for example, we will record the connection time of device and show the history chart for you. We will not collect such data unless you choose to share such data when using the remote chatting feature of the App, in which case any shared data will be collected as part of your chatting records. The locally stored data may be removed by deleting the App and the related local data from your phone.

  • We Collect Anonymous App Analytical Data

We use third party service providers to collect certain analytical information to help us improve our products and the quality of the App. These third parties have stated to us that they will collect such data in an aggregate, anonymous form that does not personally identify any individual user. Such anonymous analytical data include the App features used and time spent on the App. As part of our commitment to privacy, we will add an option to enable users to turn on/off the anonymous collection in the recent release.

  1. What are Your Rights

Unless there is an exception under the GDPR, you have the following rights with respect to your personal data:

  • to request a copy of your personal data that we hold about you;
  • to request that we correct any personal data if it is found to be inaccurate or out of date;
  • to request your personal data be erased where it is no longer necessary for we to retain such data;
  • to withdraw your consent to the processing at any time in case where consent is relied upon as the condition for processing;
  • to request that we provide you with your personal data and where possible, to transmit such data directly to another data controller (where applicable), in cases where we process your data by automated means and the processing is either (a) based on consent or (b) necessary for the performance of a contract with you;
  • where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
  • to object to the processing of personal data (where applicable), in case where processing is based on legitimate interests (or the performance of a task in the public interest/exercise of official authority), and in case where the personal data are processed for direct marketing, scientific/historical research and statistics purposes;
  • to lodge a complaint with the relevant supervising authority.
  1. Transfer of Your Personal Data Abroad

Your personal data will be transferred to mainland China where we are situated. Such transfer of your personal data will be protected by our undertaking made in accordance with the Standard Contractual Clauses adopted by the European Commission as appropriate safeguards.

  1. Further Processing

If we wish to use your personal data for a new purpose not covered by this Privacy Notice, we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.

  1. Changes to the Privacy Notice

We may update this Privacy Notice to reflect changes to our privacy and data practices. We encourage you to periodically review this notice. We may notify you the changes to this Privacy Notice by email (if possible) or by posting a notice at http://blog.magicmotion.cn/?page_id=236

  1. Contact Details

In the event that you wish to complain about how we have handled your personal data, please contact us at dataservice@magicsmotion.com or in writing at room 508, yishan road 1888, shanghai ,china. We will look into your complaint and work with you to resolve the matter.