PERSONAL INFORMATION PROTECTION LAW STATEMENT

This China Privacy Notice (“China Notice”) is provided as a supplement to the 42Gears Mobility Systems Privacy Policy (“42Gears Privacy Policy”) (“42Gears, “we”,”us” and “our”)  to provide additional information as required by the China Personal Information Protection Law (“PIPL”) and its implementing rules and regulations. This notice includes information such as our purposes of processing personal information, the rights you have regarding our processing of your personal information, and how to contact 42Gears if you have any questions or requests regarding our processing of your personal information. In case of any inconsistencies between this China Notice and the 42Gears Privacy Policy, this China Notice prevails.

For the purpose of this China Notice, “Personal Information” means any electronic or otherwise recorded information related to identified or identifiable natural persons, excluding anonymized data. 42Gears is committed to ensuring the security and protection of the personal information that it processes, and to provide a compliant and consistent approach to data protection compliance globally.

1. SENSITIVE PERSONAL INFORMATION

To provide services to you and address possible networking issues, we may process your location data, which might be identified as sensitive personal information under the PIPL. We will process it only for the purpose mentioned in this notice and 42Gears Privacy Notice and will strictly follow the requirements under applicable Chinese laws.

2. LEGITIMATE INTEREST FOR COLLECTION AND PROCESSING

  • Data collected from website users
    For Customers in the PRC, our processing (i.e use) of Your personal information is justified on the following legal basis:

    1. the processing is necessary to perform a contract with You or take steps to enter into a contract at Your request; this is the primary basis of our processing;
    2. the processing is in our legitimate interests, subject to Your interests and fundamental rights, and notably our legitimate interest in using applicable data to conduct and develop our business activities; or
    3. You have clearly consented to the processing of Your personal data for a specific purpose.
  • Data collected through the use of our products and services
    For Customers in the PRC our processing (use) of Your personal information is justified on the following legal basis:

    1. the processing is necessary to perform a contract with You or take steps to enter into a contract at Your request; This is the primary basis of our processing.

Please note that where legally required (and where no other legal basis for processing exists), we will obtain your consent before processing your Personal Information. For example, to process your Personal Information for a new purpose for which no other legal basis for processing exists, we will obtain your consent including separate consent or written consent as required by PIPL and related administrative regulations.

3. USE OF PERSONAL INFORMATION

What follows is an overview of the purposes for which we use the personal information we collect.

  • Data collected from website users

    1. Conduct and develop our business with You and with others.
    2. engage and update You about events, promotions, the websites and our products and services including software updates.
    3. Provide You with documentation or communications which You have requested.
    4. Correspond with Users to resolve their queries or complaints.
    5. Provide You with any Services You request.
    6. Send You marketing communications, where You have subscribed and consent to receive such marketing communications or where it is lawful for us to do so.
  • Data collected through the use of our products and services
    1. Conduct and develop our business with You and with others.
    2. Process, evaluate and complete certain transactions involving our products and services.
    3. Maintain our internal business and accounting records.
    4. Provide You with any Services You request.
    5. Manage, protect against, and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of our contract terms or laws or regulations.
  • Other data
    1. Operate, evaluate, maintain, improve and develop our products and services or our websites (including by monitoring and analyzing trends, access to, and use of the website for advertising and marketing).
    2. Customize our websites, products, or services to users' needs.

4. RETENTION OF PERSONAL DATA

We retain Your personal data for as long as required to fulfill the purposes for which it was collected.  A summary of our approach to retention is outlined below:

  • Data collected from website users
    We retain this information for the duration of our relationship with the Customer. Once You have initiated and, where appropriate consented to our communication, You have the right to request us to stop communication (see the ‘Rights’ tab on this privacy page).
  • Data collected through the use of our products and services
    At the outset of User to unsubscribe or non-renewal or termination of active license the data remains for 6 months on our live system and subsequently the data is retained for further 3 months in the secured AWS (Amazon Web Services) backup system which gets permanently deleted thereafter.In case the User initiates request for the deletion of the active license, we delete all the data held within two weeks of obtaining the request until and unless to the extent required by any applicable law to retain some or all of the data for further period. Further, We retain this data for 3 months in the secured and encrypted backup system which gets permanently deleted thereafter. Active license herein includes both the trial and paid licenses.However, data relating to our commercial arrangement (billing information) will be held as long as necessary for us to fulfil our statutory record-keeping obligations.
  • Other data
    We store other data for as long as needed to fulfil its purpose. We have a default retention period defined and take what we consider are reasonable measures to remove the data once this has expired.In some circumstances, we may retain personal data for other periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.In specific circumstances, we may also retain Your personal data for longer periods of time corresponding to a statute of limitation, so that we have an accurate record of Your dealings with us in the event of any complaints or challenges. However, the actual retention periods may vary significantly in context of different products and their underlying purpose.When we have no on-going legitimate business need to process Your personal data, we will either securely destroy, erase, or delete it, or if this is not possible (because Your personal data has been stored in backup archives), then we will securely store Your personal data and isolate it from any further processing until deletion is possible. However, we continue to evolve our controls, schedules and practices for information and records retention and destruction which apply to Your personal information.

5. CROSS BORDER TRANSFER OF INFORMATION

Personal information collected by us, including any and all the personal information of PRC (People's Republic of China) customers, may therefore be processed by our service providers in the United States. To the extent that the 42Gears needs to transfer your information either (a) from the PRC to the U.S. or another country or (b) from the U.S. to another country other than the PRC, 42Gears will do so consistent with applicable law governing such transfers. To support such transfers, 42Gears will generally enter into a contract containing certain standard terms (usually termed as “Standard Contractual Clauses”) to clearly establish the rights and responsibilities of the parties to the transfer.

As a global company, Personal Information may be provided to our affiliate companies, subsidiaries such companies established outside the territory of the People's Republic of China, to achieve global management of 42Gears, to conduct jointly managed activities, and for internal business analysis and planning. We also transfer your Personal Information to personal information processors and entrusted persons (e.g., service providers) located outside the territory of the People's Republic of China. 42Gears has published with the name and contact information and other information as required by PIPL of those specific personal information processors here: https://www.42gears.com/legal-and-privacy/list-of-sub-processors/

We will protect the personal information in accordance with this Privacy Notice. We take appropriate contractual or other measures to protect the personal information in accordance with the applicable laws pertaining to Data Protection and ensure that no transfer of Your personal information will take place to an organization or a country unless there are adequate controls in place including security of Your data and other personal information

6. PERSONAL INFORMATION PROTECTION IMPACT ASSESSMENT

Prior to conducting any of the following activities, we will conduct a personal information protection impact assessment and keep a record of Processing. The personal information protection impact assessment reports and records of Processing will be retained for at least 3 years:

  1. Processing of sensitive personal information; 
  2. Use of personal information in automated decision-making; 
  3. Contracting of the Processing of personal information to another party, provision of personal information to another personal information processor, or disclosure of the personal information; 
  4. Provision of personal information to an overseas recipient; or 
  5. Any other activity of Processing of your personal information that will have a material impact on personal rights and interests.

7. CONSENT 

We will obtain your consent for Processing of your personal information as required by the PIPL and other relevant laws. In the event of any change of the purpose or method of Processing or the type of personal information we Process, we will re-obtain your consent.

We will secure your separate consent in the following data Processing activities:

  1. Processing of sensitive personal information; 
  2. Use of personal information in automated decision-making; 
  3. Provision of personal information to another personal information processor 
  4. Disclosure of the personal information we processed; or 
  5. You are free not to provide 42Gears with your Personal Information and can withdraw your consent at any time in the manner prescribed in the Contact Us Section of this China Privacy Notice.

8. ACCESS TO DATA & RIGHTS IN RELATION TO YOUR INFORMATION

You may have certain rights under applicable laws in relation to the personal information we hold about you, including:

  • Right to enquire and request for copy of certain categories of personal information, including basic information, identification information, health information (if applicable) and education information.
  • Right to rectify/correct your personal information which is inaccurate.
  • Right to request deletion of your personal information.
  • Right to make decisions, restrict and refuse. You can make decisions on the processing of your Personal Information, and restrict or refuse VMware to process your Personal Information; and
  • Right to withdraw consent to processing your personal information (to the extent such processing is based on consent and consent is the only permissible basis for processing).  Should your consent withdrawal be effective, we will no longer process the corresponding personal information. However, your decision to withdraw your consent will not affect the processing of personal information previously based on your authorization.
  • Right to request us to provide you with means to transfer your Personal Information to a specific entity designated by you, to the extent that your request is allowed under applicable Chinese laws.

If you would like to exercise any of these rights, please contact our Privacy Team at privacy@42gears.com. We will treat your requests in accordance with applicable legal requirements.

9. CONTACT US

If you wish to submit a request to exercise your rights, under applicable privacy law, or have questions about how your information is handled at any time, or to make complaints, please send your request to our Privacy Team : - privacy@42gears.com 

When requested, and provided that it is practical and commercially feasible to comply with the request, we will reply to your request within 30 days, or such time as prescribed under applicable law.

We will not be able to respond to your request under the following circumstances:

  1. Related to our compliance with obligations under the laws and regulations.
  2. Directly related to national security or defense security.
  3. Directly related to public security, public health, or major public interests.
  4. Directly related to criminal investigations, prosecutions, trials, and enforcement of court decisions, etc.
  5. Where we have sufficient proof that you have subjective malice or abuse of rights. 
  6. For the purpose of safeguarding your life, property and other important legal rights and interests or those of other individuals but it is difficult to obtain consent.
  7. Responding to your request will cause serious harm to your legitimate rights and interests, or those of other individuals or organizations. vii. Involving trade secrets.

Should you not be satisfied with the way 42Gears has resolved your concern, you have the right to complain to the data protection authority in your territory.

10. CHANGES TO THIS STATEMENT

We may need to update this Statement from time to time to comply with applicable law and regulations or other legitimate purposes. We may also separately advise you about the change. Subject to obtaining your explicit consent as may be required by applicable law, the new modified privacy statement will apply from that revision date. Therefore, we encourage you to review this Statement periodically to be informed about how we are protecting your information and also the updates available to you through the product /software supplied by us.

 

Effective Date: August 18th, 2022

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