Datenschutzerklärung
Reminders
This Privacy Policy is intended to describe how we collect, process, share and protect your personal information when you use Beike Realsee Technology (HK) Limited and websites or mobile applications ("Realsee Service") of its associated entities ("Realsee" or "we"). We may update this Privacy Policy from time to time. Where we make material changes, we will provide notice in an appropriate and prominent manner, such as through pop-ups, in-app notices, website notices, emails or other reasonable means. Where required by applicable laws, we will obtain your consent or separate consent before the relevant changes take effect. If you do not agree with the updated Privacy Policy or the relevant changes, you may stop using Realsee Service and contact us to exercise your applicable rights.
Contact us
If you have any questions or comments about this Privacy Policy, you may contact us via the following details:
Address: 8th Floor, Hongyuan First Building, Shangdi 6th Street, Haidian District, Beijing, China
Phone Number: 86-400-060-8206 or 86-010-10106188
E-mail: hello@realsee.ai
Definitions
The terms listed below shall have the following meaning throughout this Privacy Policy:
1. “personal information” means any information relating to an identified or identifiable natural person (“individual(s)”); 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;
2. “processing” means any operation or set of operations which is performed on personal information or on sets of personal information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
3. “third party” means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal information;
4. “minor” generally means the child is below the age of 18 years; the special provisions shall apply if applicable laws have different definitions on the age of minors in different countries or regions.
5. “applicable laws” means any data privacy regulation applicable to the personal information processing performed as part of the Realsee Service and applicable industry standards in force at the time of delivery of the services.
This Privacy Policy will help you understand the following content:
I. Personal Information Collection and Use
II. How we use cookies and similar technologies
III. How we share, transfer, and publicly disclose your personal information
IV. How we protect and retain your personal information
V. Cross-border transmission of personal information
VI. How you manage your personal information
VII. Protection of personal information of minors
VIII. Notification and revision
Annex 1. Additional Information if You Are a Resident of Malaysia
Annex 2. Additional Privacy Choices for U.S. Residents
I. Personal Information Collection and Use
This section describes the types of personal information we may collect about you.
(i) Personal information directly provided by you
——Contact and account information.
When you create a Realsee account or try to contact us, we may ask you for personal information such as your name, contact address and email address. You can use our agency services provided that your agency has already created an agency account and added you as an employee. When you first use Realsee's agency services, you need to create a Realsee account according to the method described above and apply for binding the agency account of your agency. We will verify your identity and bind the corporate account of your agency according to the personal information you provided when you created the Realsee account. Or, we may, under a separate agreement with your agency, provide you with an agency employee account in which we set the user name and initial password. If you are the administrator of your agency, you can apply to Realsee to create an agency account on behalf of your agency. You may need to provide your agency name, country/region, organization scale, email address, position, and applicable laws and other information required by the separate agreement between us and your agency, so that we can review your application and create an agency account and administrator rights for you, allowing you to manage through the agency account, including creating rules of use of your agency, adding/reducing agency employees, and the like.
——Online consultation and communication.
You can submit consultation and communication to us by email. For example, when you request customer support services or other information about Realsee Service and any other general communication, we may request, from time to time, your name, contact address, email address, contact information, agency name, type of industry, and details of your current use of Realsee Service. You should ensure that any online consultation or communication does not contain any personal information other than that requested by us.
——Image information
When you are accessing or using some Realsee Service, for example, Realsee VR mobile application software, to generate panoramic images and a three-dimensional space model, we may request you to upload your images to our server for processing, and then return panoramic images and the link of the three-dimensional space model formed by panoramic image mosaic to you. We will retain your images for as long as reasonably necessary to provide Realsee Service, fulfill the purposes described in this Privacy Policy or comply with applicable laws, unless you delete them or withdraw your authorization. Unless otherwise authorized by you, we will not use your images for independent commercial purposes unrelated to providing Realsee Service. If you use Realsee's agency services, in addition to this Privacy Policy, your image information will also be used under the separate agreement between us and your agency.
(ii) Personal information possibly obtained by us automatically
——IP address and device information.
When you are accessing or using Realsee Service, to identify an account abnormal status, understand the product adaptability, provide consulting support to you, and meet the demand of business operations or storage and backup required by the applicable laws, as well as to improve and optimize the above functions, we may automatically collect your device-related information and store it as web log information, including the IP address of your device, device hardware information, device system information, device network information, application software information, device unique identification information, system status information, device status information, device model, operating system version, device settings, device environment, and other device-related information we require to provide Realsee Service.
——Service log information.
When you are accessing or using Realsee Service, we may automatically collect details about your use of our services, including browsing, clicking and viewing, searching and inquiring, favorites, following and sharing information, posting information, and the like, and save them as service log information. We collect and use the service log information to maintain the stability and security of Realsee Service and improve and optimize Realsee Service functions and personalized features that are more suitable for you.
When visitors access, view or interact with VR content, 3D tours or similar digital property content provided through Realsee Service, we may collect VR content interaction data, such as viewing agent contact information, clicking agent cards, opening listing information or floor plan panels, accessing Google Street View, clicking tags or interactive components within VR content, copying VR sharing links, and similar engagement activities.
We may provide project administrators, content owners, merchants, agents or similar business users with aggregated analytics regarding VR content performance and visitor engagement, such as views, interaction counts, engagement trends and similar aggregated metrics. Unless otherwise disclosed or permitted by applicable law, we do not provide such business users with individual visitors’ complete behavioral paths, device identifiers, cookie identifiers, IP addresses or other information that directly identifies an individual visitor.
Service log information, including search keywords, browsing, clicking, viewing, sharing, VR content interaction data and similar usage records, may constitute personal information where it identifies, relates to, describes, can reasonably be associated with, or can reasonably be linked to you, your account, your device, your browser or your household, either alone or in combination with other information. We will process and protect such information in accordance with this Privacy Policy and applicable laws. We may use anonymized or aggregated information that no longer reasonably identifies or relates to you to the extent permitted by applicable laws.
——Precise location information.
When you are accessing or using some Realsee Service, for example, Realsee VR mobile application software, to accurately differentiate and correlate different shooting points and synthesize panoramic images, or in the mode of matching a specific-type camera (which may not be Realsee brand) for shooting, to be able to identify and obtain a wireless hotspot of the camera, we may need to obtain and process your current precise positioning information from location information provided by a built-in GPS sensor of your mobile device, but we will not bypass the licensing function set by the operating system of your mobile device for obtaining such information.
Please note that individual device information, log information, location information and the like may not directly identify a specific natural person when used alone. However, where such information identifies, relates to, describes, can reasonably be associated with, or can reasonably be linked to an individual, account, device, browser or household, or where we combine it with other information, we will treat it as personal information in accordance with applicable laws. Unless authorized by you or otherwise specified by applicable laws, such personal information will be anonymized and de-identified.
(iii) Legal basis and Rules for using your personal information
1. We use the personal information collected about you to provide Realsee Service that you request from us or fulfill our obligations arising from a separate agreement that we have entered into with you. We will use the personal information collected to the extent necessary to implement the functions of Realsee Service as set forth in this Privacy Policy or achieve any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
Under the applicable laws (including but not limited to the General Data Protection Regulation), the lawful bases we rely on for processing your personal information are:
(a) Your consent.
You understand and agree that we are committed to creating a variety of products and services to meet your needs. We may provide you with a wide range of products and services, and specific products and services different users choose to use are different in scope; accordingly, there will be differences in functions and the types and scopes of personal information collected and used, and reference should be made to specific product/service functions. In order to provide you with better product and service experience, we are constantly striving to improve our technology; accordingly, we may from time to time introduce new or optimized functions, which may require collection and use of new personal information or change the purpose or way for which or in which such personal information is used. In this regard, we will separately explain to you the purpose, scope and use of the corresponding information by updating this Privacy Policy, by means of pop-ups, page prompts, or the like, and provide you with a means of voluntary consent, and then we will collect and use the information with your consent.
You are able to withdraw your consent at any time. You can do this by contacting us via the way we disclosed in Chapter VI of this Privacy Policy.
(b) We have a contractual obligation. You understand that the personal information processing in the basic functions or core features of Realsee service is based on fulfilling the contractual obligation. We will use your information within the necessary scope to achieve the goals of basic functions or core features.
(c) We have a legal obligation.
(d) Your or any other person’s vital interest.
(e) We need it to perform a public task.
(f) We have a legitimate interest.
2. After collecting your personal information, we may anonymize part of the data through technical means, and the anonymized information will be unable to identify the subject, which no longer belongs to your personal information. Please understand and agree that in this case we have the right to use the information that has been anonymized; and we have the right to analyze and commercialize user database without disclosing your personal information.
3. Please note that all personal information provided by you during use of Realsee Service will continue to be authorized for the duration of your use of Realsee Service unless you delete it and withdraw your consent through system settings or by contacting us. When you cancel your account, we will stop using and delete or anonymize your personal information. If you use the agency services provided by Realsee, we will apply the separate agreement between your agency and us to manage the binding of your Realsee account to your agency's agency account or your agency employee account. If you apply for or we take the initiative to remove your Realsee account from the corporate account of your agency, or if you stop or we take the initiative to close your employee account, we will anonymize your personal information. Unless otherwise specified by laws and regulations, we will no longer retain or collect your personal information, nor will you be able to continue to use our corporate services.
4. We will keep statistics on the use of Realsee Service and may share such statistics with the public or third parties to demonstrate the overall trend of the use of Realsee Service. However, these statistics do not contain any identification information about you.
5. When we display your personal information if it is necessary for performing Realsee Service, we may desensitize your information by means of content replacement, de-identification processing or the like to protect your information security.
6. When we wish to use your personal information for other purposes not specified in this Privacy Policy, or when the information collected based on a specific purpose is used for other purposes, we will seek your prior consent by requiring you to actively check the box.
II. How we use cookies and similar technologies
(i) Use of Cookies
1. To personalize your online experience and make your access experience easier, we will send one or more small data files called cookies on your device. cookies designated for you are unique and can only be read by the Web server that publishes cookies to your domain. With the cookies, we can learn about your usage habits, remember your preferences, save you the step of entering duplicate information, provide you with more thoughtful personalized services, or help you determine the security of your account. cookies can also help us count traffic information and analyze the effectiveness of page design and advertising.
2. We do not use cookies for any purpose other than those specified in this Privacy Policy. Most web browsers may accept cookies automatically, but you can often adjust the settings of your browser to reject cookies according to your own needs. You can also clear all cookies saved in the software. Realsee offers you the possibility to set your preferences regarding cookies. You can change your preferences at any time; you can also withdraw the consent you have previously given to us. However, if you do this, you may need to personally change user settings every time you access Realsee Service, and any information you previously recorded will be deleted, which may have some impact on the security of the services you use.
(ii) Use of network Beacons and similar technologies
In addition to cookies, we may use web beacons and other similar technologies on websites. Our web pages often contain electronic images (called "single-pixel" GIF files or "web beacons"). The ways we use web beacons are as follows:
1. The number of user access is calculated by using network beacons in Realsee Service, and registered users of Realsee Service are identified by accessing the cookies.
2. Personalized services are provided for you through the cookies information obtained.
In addition to cookies and web beacons, we may use device identifiers, device fingerprinting technologies, local storage or other similar technologies, where applicable, to distinguish unique visitors, prevent duplicate counting, improve analytics, maintain security, prevent abuse and provide our services. Such technologies may be used to recognize returning visitors, measure unique visits and generate aggregated analytics. They are not used to identify you by name, contact details or account identity, or for personalized advertising, unless otherwise notified.
III. How we share, transfer and publicly disclose your personal information
(i) Share
We will not share your personal information with any company, organization or individual other than Realsee, except as described in this Privacy Policy or as we disclose to you at the time the information is collected. We may disclose information to third parties in the following circumstances:
1. We may share your personal information with our affiliates when permitted by applicable laws or necessary to provide you with Realsee Service. We will only share necessary personal information and require the affiliates to protect your personal information in a manner that is not less than the level of this Privacy Policy. However, you understand and agree that we shall not make any commitment or assume any responsibility for the nature and quality of the services provided to you by such affiliates, nor shall we make any commitment or assume any responsibility for the independent collection and processing of user information by such affiliates. You are requested to carefully refer to privacy policies provided by such affiliates regarding related privacy controls and options in your use of the services of such affiliates and privacy policies of service providers. If our affiliates do not have an independent legal statement or privacy policy, this Privacy Policy also applies to such products or services.
2. We may share your order information, account information, device information and location information with third parties such as partners to ensure the smooth completion of the services provided for you. However, we will only share your personal information for legal, just, necessary, specific and definite purposes and will only share the necessary personal information to provide the services. Our partners have no right to use the shared personal information for any other purposes. Our partners include the following types:
(1) Suppliers of goods or technical services. We may share your personal information with third parties that support our functions. The support includes providing us with goods, infrastructure technical services, logistics and distribution services, payment services, data processing and so on. We share this information so that we can achieve our core functions, for example, we must share your order information with a logistics service provider before we can arrange delivery; or we need to share your order number and order amount with a third-party payment institution to realize its confirmation of your payment instruction and completion of payment, and the like. We require these suppliers to use the information they process on our behalf, only as necessary to perform services on our behalf or comply with applicable laws.
(2) Partners who entrust us with promotion. Sometimes we may provide promotional services on behalf of other businesses to the user group that uses our products and/or services. We may share an indirect user portrait formed by a set of your personal information and your non-personal information with partners ("clients") who entrust us with promotion. However, we will only provide these clients with information on the coverage and effectiveness of the promotion, and will not provide your personally identifiable information, or we will aggregate such information so that it does not identify you personally. For example, we can tell the clients how many people have seen their promotions or bought their goods after seeing the information, or provide them with personally unidentifiable statistics to help them understand their audiences or customers.
3. We will enter into confidentiality agreements with companies, organizations, and individuals with whom we share personal information, requiring them to handle personal information in accordance with our instructions and any other relevant confidentiality and security measures. In the use of personal sensitive information (such as the special categories of personal data under GDPR), we require third parties to adopt data desensitization and encryption technologies to better protect user’s personal information.
4. In order to comply with the law, perform, or apply to our terms of use and other agreements, or to protect our, your or other users' rights and their property or security, such as to prevent fraud and other illegal activities and reduce the credit risk, and exchange information with other companies and organizations, such as in order to confirm your compliance capabilities, we will provide your ID information to a third party credit reference agency to obtain your personal credit in the credit reference agency. The foregoing sharing does not include personal information that is sold, rented, shared or otherwise disclosed for profit in violation of the commitments made in this Privacy Policy.
(ii) Transfer and publicly disclose
1. In the event of a merger, acquisition, transfer of assets, or similar transaction involving the transfer of personal information, we will require a new company or organization holding your personal information to remain subject to this Privacy Policy; otherwise, we may require the company or organization to seek authorization from you again.
2. Any information that you voluntarily choose to make publicly available by uploading it to a publicly accessible site or venue using Realsee Service, or that you otherwise elect to make public, will be available to anyone who has access to that content, including other Realsee users.
3. We may actively disclose your information if required to do so by laws or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a court order, judicial or other government subpoena, warrant or enforceable request. Suppose we determine your violation of the laws and regulations or a serious breach of rules related to Realsee Service, or to protect the personal and property security of users of Realsee Service and its affiliates from infringement. In that case, we may disclose your personal information in accordance with the applicable laws or the rules related to Realsee Service, including related violations and actions taken against you by Realsee Service.
4. We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activities, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Realsee Service and any facilities or equipment used to make the Realsee Service available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
Except the circumstances as expressly set forth in this Privacy Policy and applicable laws, we will not transfer or publicly disclose your personal information to any company, organization or individual, except in the following cases:
(1) where your express consent or authorization is obtained in advance;
(2) where it is necessary to fulfill the legal obligations to which we are subject;
(3) where it is necessary to protect the vital interests of you or another person;
(4) where tasks in the field of public interest are carried out;
(5) where you disclose personal information to the public on your own;
(6) where your personal information is collected from legally disclosed information, such as legitimate news reports, government information disclosure, and other channels. In accordance with the law, where personal information that has been de-identified is shared and transferred and it is ensured that a data receiver cannot recover and re-identify the subject of personal information, it shall not be regarded as external sharing, transfer or public disclosure of personal information. Storage and processing of such data do not require further notice to you and your consent.
(iii) Management of third-party plug-ins
In order to provide you with more professional and secure business functions, third-party plug-ins will be incorporated into our products. In general, third parties may use cookies, APIs (application programming interfaces) and SDKs (software development packages) in the services we provide. As for Realsee VR mobile application software, we will timely explain to you the third-party plug-ins that may be accessed according to the function update.
The existing third-party SDKs and APIs are listed as follows:
IV. How we protect and retain your personal information
(i) Technologies and measures we adopt to protect your personal information
We take personal information security very seriously and take all reasonably practicable measures to protect your personal information:
1. Data security technical measures
Realsee Service will adopt security measures in line with industry standards, including establishing reasonable system specifications and security technologies to prevent unauthorized access, disclosure, use, modification to your personal information, to avoid data damage or losses, which includes, but is not limited to:
(1) Realsee Service adopts an encryption technology to encrypt and retain users' personal information, and isolate it through an isolation technology. In the process of personal information, such as personal information display and personal information association calculation, we will adopt a variety of data desensitization technologies including content replacement to enhance the security of personal information;
(2) Realsee Service takes strict data access rights control and multiple identity authentication measures to protect personal information and prevent data from illegal use;
(3) Realsee Service adopts a data access log analysis technology to conduct personal information security audit.
2. Other security measures taken by Realsee Service to protect personal information
Guarantee security system. We have issued Data Security Management System and Personal Information Protection Guidelines, through which Realsee Service will standardize the management measures taken by all departments on personal information.
We carry out complete security control over the data by signing confidentiality agreements with information contacts and through monitoring and audit mechanisms.
Enhance security awareness. We hold privacy protection training courses to enhance employees' awareness of the importance of protecting personal information.
3. We will do our best to ensure the security of any information you provide.
If our physical, technical or management protection facilities are damaged and information is accessed without authorization, publicly disclosed, tampered with, or destroyed, resulting in damage to your legitimate rights and interests, we will bear the corresponding legal liability.
4. Handling of security incidents
When you transact online goods or services with a third party through Realsee Service, you will inevitably have to disclose your personal information, such as contact information or postal address, to the counterparty or potential counterparty. Please properly protect your personal information and only provide it to others if necessary.
To deal with risks of disclosure, damage and loss of personal information, Realsee Service has developed a series of policies and set up an emergency response team. According to handling standards of security incidents, we start security plans for different security incidents to conduct stop loss, analysis, positioning, formulate remedial measures, and cooperate with relevant departments to trace to the source and crack down.
After a personal information security incident takes place, we will, in accordance with the requirements of the applicable laws, promptly inform you of the basic situation and possible impact of the security incident, the measures we have taken or will take to deal with it, the suggestions that you can independently prevent and reduce the risk, the remedial measures for you, and so on. We will timely inform you of the relevant information by email, letter, phone call, push notification, and other appropriate ways permitted. If it is difficult to inform the subjects of personal information one by one, we will take a reasonable and effective way to publish the announcement. At the same time, we will also, if any regulatory authority requires, take the initiative to report the handling of the personal information security incident.
5. We recommend that you use complex passwords when using Realsee Service, and take care to protect your personal information.
If you find that your personal information is disclosed or we have a security vulnerability or a suspicious security event, especially the leakage of your account and password, please contact us immediately through the contact information specified in this Privacy Policy, so that we can take appropriate measures to prohibit unauthorized attempts or verification of vulnerabilities.
6. Please be aware that no security measures are perfect or impenetrable and thus we cannot and do not guarantee that your information will not be accessed, viewed, disclosed, altered, or destroyed by any of our physical, technical, or organizational safeguards failures.
(ii) Retention of your personal information
1. We retain your information to provide service to you, or as required by applicable laws. We aim to retain your information only for the period necessary to provide Realsee Service and fulfill our obligations set outlined in this Privacy Policy, unless otherwise required or stipulated in applicable laws.
We will keep your personal information storage as follows:
The table above applies to users with Realsee accounts. For visitors who do not have or are not logged into a Realsee account, please see the retention rule for raw VR interaction event logs below.
2. After you successfully apply for the cancellation of the Realsee account, we will complete the verification of your account cancellation within 48 hours after you submit the application. After the verification is approved, we will delete or anonymize your personal information. If you use the agency services provided by Realsee, we will apply a separate agreement entered into by the parties to manage the binding of your Realsee account to your agency account or your agency employee account. If you apply to or we take the initiative to unbind your Realsee account from your agency account or you apply to or we take the initiative to close/cancel the agency employee account, we will anonymize your personal information. Unless otherwise specified by the applicable laws, your personal information will no longer be retained or collected, nor will you be able to continue to use our corporate services.
3. If we terminate the services or operations, we will notify you at least 30 days in advance and delete or anonymize your personal information after the termination of the services or operations.
For raw VR interaction event logs, service logs and related device identifiers, device fingerprinting information or similar identifiers collected from visitors who do not have or are not logged into a Realsee account, we will retain such information only for as long as reasonably necessary for analytics, duplicate counting, anti-abuse, security, troubleshooting, service improvement or other purposes described in this Privacy Policy. After the relevant purpose has been fulfilled or the applicable retention period has expired, we will delete, anonymize or aggregate such information, unless a longer retention period is required or permitted by applicable law.
V. Cross-border transmission of personal information
You understand and agree that since we may provide products or services through resources and servers located in different countries or regions, we may transfer your personal information to countries other than the countries where the information was originally collected. Your personal information collected or generated by Realsee may be transferred globally to provide Realsee Service to you:
1. If we collect and generate your personal information in Japan and European Economic Area (EEA), it will be stored separately in Japan, and hence we may transfer your personal information outside of EEA for storage and processing. Specifically, if you are a Realsee user from EEA, you are aware that Japan has been recognized as the nation with an adequate level of data protection according to Adequacy Decisions issued by the European Commission. Thus Realsee transfers your personal information to the server deployed in Japan on the basis of adequacy decision without any other specific authorization under GDPR.
2. If you choose to use Realsee Service from the Asian countries and regions (except and China mainland), then we may transfer your personal information to the Japan/Singapore server deployed by Beike Realsee Technology (HK) Limited. Please note that the data protection laws of Japan/Singapore may not be completely consistent with the data protection laws of the country/region where you use Realsee Service. When we transfer your personal information to Japan/Singapore, we will take appropriate measures to ensure your personal information safety in accordance with applicable laws, such as entering into standard clauses for cross-border data transmission, obtaining your separate authorization, or other appropriate permitted methods in line with applicable laws of your country/region.
3. If you use Realsee Service in the country or region other than those described above, we will also take necessary technology and organization measures to ensure cross-border data transmission security and fulfill the mandatory obligations stipulated in applicable laws. We will also require the overseas recipient of your personal information to provide at least the adequate protection level set forth in this Privacy Policy and other separate agreements between us.
VI. How you manage your personal information
Realsee Service protects your right to access, correct, delete, withdraw your consent to, and restrict our processing of your personal information, and your right to data portability, the right to object to promotional information, and the right to object to automated decision-making, so that you have sufficient ability to protect your privacy and security. When you contact us to manage your information, we may require you to authenticate to protect the account. Your right includes:
(i) Access and correct your personal information
Except as required by laws and regulations, you have the right to access and correct your personal
information at any time. Please feel free to contact us if you need to access or correct any other personal information arising from your use of Realsee Service. We will respond to your request in the manner and by the time specified in this Privacy Policy. If we decide to respond to your request for correction, we will also notify the entities (if any) that obtain your personal information from Realsee Service to correct it promptly, unless otherwise specified by laws and regulations or authorized by you.
Personal information that you are unable to access and correct: in addition to the information you may correct or supplement by self-help or contacting us, we are unable to provide you with access to and correction of some of your personal information due to the risk and damage that failure to respond to the request may cause to your legitimate rights and interests, technical feasibility and costs of implementing the request. Such information is mainly your device information collected to improve your user experience and ensure transaction security and personal information generated when you use additional functions. The above information will be used within the scope of your authorization or our contract obligations. You may contact us for deletion or anonymization when satisfying certain conditions.
(ii) Delete your personal information
You may request us to delete your personal information: our handling of personal information violates laws and regulations; we collect and use your personal information without your consent; our handling of personal information is a breach of our agreement with you; you cancel the Realsee account; and we terminate services and operations.
If we decide to respond to your request for deletion, we will also notify the entities (if any) that obtain your personal information from Realsee Service to delete it promptly, unless otherwise specified by laws and regulations or authorized by you. You are aware that it may take a reasonable period of time for us to accordingly delete the information in the overseas backup system when you remove personal information from our service, but we will eventually do so when the data backup is updated. In addition, if certain information you require to delete has already been transferred to third parties as described in this Privacy Policy, retention of such information will be subject to those third parties’ policies.
(iii) Change the scope of your authorization consent or withdraw your authorization
If we collect or use your personal information based on your previous consent, you may change the scope of your authorization for us to continue collecting or withdraw your authorization by deleting information, turning off device functions, making privacy settings in mobile application software, or unbinding your account.
Please understand that each service function requires some fundamental personal information to perform, and once you withdraw your consent or authorization, we will not be able to continue to provide you with the corresponding service, nor will we process your corresponding personal information. Moreover, your decision to withdraw your consent or authorization will not affect the processing of the personal information previously conducted based on your authorization.
(iv) Restrict our processing of your personal information
If you are located in the EEA, you may also have the right to restrict our processing where one of
the following applies:
1. The accuracy of the personal information is contested by you, for a period enabling us to verify the accuracy of the personal information;
2. The processing is unlawful and you opposes the erasure of the personal information and requests the restriction of their use instead;
3. We no longer need the personal information for the purposes of the processing, but we are required by you for the establishment, exercise or defense of legal claims;
4. You have objected to processing in accordance with relevant laws and regulations pending the verification whether the legitimate grounds of us override those of you.
Where processing has been restricted, we will only process such personal information, with the exception of storage, with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest.
If you restrict our processing in accordance with GDPR, we will inform you before the restriction of processing is lifted.
(v) Your right to data portability
If you are located in the EEA, you may request us to send the personal information concerning you back to you, which you have provided to us, in a structured, commonly used and machine-readable format and you may request us to transmit those data to another controller without hindrance from us to which the personal information have been provided, where the processing has legal basis and is carried out by automated means.
Please kindly note that, however, that if you exercise your right to object or your rights of blocking, deletion or to be “forgotten” or if you decline to share certain information with us, or if you withdraw your consent to our processing of information about you, we may not be able to provide to you some, or any, of the features and functionality of Realsee Service.
(vi) Your right to reject marketing: In order to protect your privacy, we will not in any way push promotion or goods information involving religion, sex, disease and other sensitive content to you. If you are not willing to accept promotion information we send to you, you can change the setting regarding whether to accept the goods and promotion information we may push to you. Moreover, we have set a shielding function in the recommendation window. You can choose to block the advertisements you may dislike.
(vii) Constrain an information system from making decisions automatically
In some functions, we may only make decisions based on non-manual automatic decision mechanisms such as information systems and algorithms. If these decisions have a significant impact on your legitimate rights and interests, you have the right to ask us for an explanation, and we will also provide recourse methods without prejudice to the business secrets of Realsee Service or other user rights and interests and public interests. You may also object to being subject to a decision based solely on automated processing, including profiling, in accordance with applicable
laws and regulations.
(viii) Respond to your request
If you have any doubts or difficulties in using Realsee Service (if you are unable to access, correct or delete your personal information by the above means, or you need to access, correct or delete your real-name authentication information or other information generated during the use of our products and/or services, or if you believe that Realsee Service violates laws and regulations or agreements with you regarding your personal information), please feel free to contact us by email complaint@realsee.com. For security purposes, we may require you to provide a written request or otherwise prove your identity.
We will respond to your request within 30 days (or within the other reasonable time required by applicable laws) after receiving your feedback and verifying your identity. In principle, we do not charge you for reasonable requests, but for repeated requests beyond reasonable limits, we will charge a certain cost as the case may be and only if permitted by applicable laws. We may reject requests that are gratuitously repetitive, require too many technical means (for example, need to develop new systems or radically change existing practices), pose a risk to the legitimate rights and interests of others, or are highly impractical (for example, involve information stored on backup tapes).
We may not be able to respond to your requests in accordance with the requirements of applicable laws and regulations in the following circumstances: where the requests are directly related to national security and national defense security; where the requests are directly related to public security, public health or major public interests; where the requests are directly related to criminal investigation, prosecution, trial and execution of judgment; where there is sufficient evidence to show that you have subjective malice or abuse of rights; where responding to your request will cause serious damage to your or other persons' and organizations' legitimate rights and interests; and where the requests involve trade secrets.
VII. Protection of personal information of minors
Realsee Service highly cares about the minors’ personal information protection. Realsee Service, however, is not directed to minors, thus we assume that you are an adult under the applicable laws. If you are a minor under the applicable laws, you should obtain the prior written consent of your parent or guardian before using Realsee Service. In cases where personal information of a minor is collected with the consent of a parent or legal guardian, we will only use or publicly disclose such information where it is permitted by the applicable laws, with the explicit consent of a parent or guardian, or where it is necessary to protect the minor. If we find that we have collected personal information of a minor without the prior consent of a verifiable parent or legal guardian, we will try to delete the data as soon as possible.
If you are a minor’s parent or guardian, and you reasonably believe that we have collected your child’s personal information, please feel free to contact us via the contact details we disclose in the Policy and show initial evidence or materials to us. We will, without delay, address your concerns in accordance with applicable laws.
Additional Information if you are a Parent or Guardian of a Child in the US
1. Definitions
Consistent with the Children's Online Privacy Protection Act (“COPPA”), “children” hereinafter means individuals under the age of 13.
2. Rights of parents or guardians
If we are actually aware or informed that Realsee has collected or processed children’s personal information by their parents or guardians, their parents and guardians will have a right to review the information we have collected about their child, delete it, and tell us to no longer use their child’s personal information by contacting us. We will try to respond to parents’ or guardians’ requests in 15 days. If a parent or guardian does not want us to collect and use his/her child’s personal information any more, then the parent or guardian may cancel his/her child’s account.
VIII. Notification and revision
(i) This Privacy Policy will be updated as Realsee Service business develops. However, we will not reduce your rights under this Privacy Policy without your express consent. We will issue an updated version on our mobile APP and notify you of the related update in an appropriate manner before it takes effect. You are also requested to access Realsee Service to keep up to date with the latest privacy policy.
(ii) For major changes, we will provide more significant notice (including, but not limited to, explaining specific changes by email, text messages or special prompts on browsing page). Major changes referred to in this Privacy Policy include, but are not limited to:
(1) major changes in our service mode, such as the purpose of processing personal information, the type of personal information processed, and how personal information is used;
(2) major changes in our ownership structure, organizational structure and other aspects, such as the owner changes caused by business adjustment, bankruptcy and merger;
(3) changes in main objects of personal information sharing, transfer or public disclosure;
(4) major changes in your right to participate in the processing of personal information and how it is exercised;
(5) changes in our departments responsible for handling personal information security, contact information and complaint channels;
(6) where personal information security impact assessment reports indicate that there is a high risk.
We would like to remind you once again to acknowledge the full content of this Privacy Policy.
Regarding the provisions in this Privacy Policy are highlighted in bold, please read them carefully. You will be deemed to have known, understood and accepted this Privacy Policy by clicking the "Agree"/"Register"/"Login" buttons or checking the relevant meaning.
Annex 1: Additional Information if you are a Resident of Malaysia
1. Definitions
“personal information/data” means any information in respect of commercial transactions, which (a) is being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose; (b) is recorded with the intention that it should wholly or partly be processed by means of such equipment; or (c) is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, that relates directly or indirectly to a data subject, who is identified or identifiable from that information or from that and other information in the possession of a data user, including any sensitive personal information/data and expression of opinion about the data subject; but does not include any information that is processed for the purpose of a credit reporting business carried on by a credit reporting agency under the Credit Reporting Agencies Act 2010.
“sensitive personal information/data” means any personal information/data consisting of information as to the physical or mental health or condition of a data subject, his political opinions, his religious beliefs or other beliefs of a similar nature, the commission or alleged commission by him/her of any offense or any other personal information/data as the Minister may determine by order published in the Gazette.
“prescribed” means prescribed by the Minister under Personal Data Protection Act in Malaysia and where no mode is mentioned, means prescribed by order published in the Gazette.
“Minister” means the Minister charged with the responsibility for the protection of personal information/data.
“relevant person”, in relation to a data subject, howsoever described, means: (a) in the case of a data subject who is below the age of eighteen years, the parent, guardian or person who has parental responsibility for the data subject; (b) in the case of a data subject who is incapable of managing his own affairs, a person who is appointed by a court to manage those affairs, or a person authorized in writing by the data subject to act on behalf of the data subject; or (c) in any other case, a person authorized in writing by the data subject to make a data access request, data correction request, or both such requests, on behalf of the data subject.
“direct marketing” means the communication by whatever means of any advertising or marketing material which is directed to particular individuals.
2 Your Rights
If you are a resident of Malaysia, you can take advantage of the following rights:
(a) You may make a data access request, upon payment of a prescribed fee, in writing to Realsee for information of your personal information/data that is being processed by Realsee and the copy of the information mentioned above. If you do not need the copy, please inform Realsee of that when making this request.
Realsee will respond to the request above within 21 days from the date of receipt of that. In the case of that Realsee is unable to respond in time, Realsee will inform you in writing prior to the deadline, as well as respond to the data access request to the extent that Realsee is able to do so, but no more than 14 days.
Realsee may refuse your data access request in the following circumstances: (1)Realsee is not supplied with such information as it may reasonably require to verify you and your relevant person(where applicable) real identity; (2)Realsee fails to identify the accurate content or locate the specific personal information/data according your request described; (3)the burden or expense of providing access is disproportionate to the risks to your right in relation to the personal information/data in the case in question; (4)the data requested is relate to another individual who can be identified from those; (5)Realsee has no authority of making the decision in processing of personal information/data; (6)providing access would constitute a violation of an order of a court; (7)providing access would disclose confidential commercial information; or (8) such access to personal information/data is regulated by another law. In the case of circumstances mentioned above, Realsee will notify you of the refusal and the reasons for the refusal. Under the circumstance of (5), Realsee will further notify of the name and address of the person who can decide the specific personal information/data processing.
(b) You may make a data correction request when you find your personal information/data inaccurate, incomplete, misleading or not up-to-date.
After having received the request above, Realsee will make the corresponding correction, provide the copy, and inform the third party in writing who also jointly processes personal information with Realsee, to make the same correction within 21 days. In the case of that Realsee is unable to respond to the request above in time, Realsee will inform you in writing prior to the deadline, as well as respond to the data access request to the extent that Realsee is able to do so, but no more than 14 days.
If there is any third party in the better position in responding the data correction request above, Realsee will immediately forward the request to such third party and notify you of this fact.
Realsee may refuse your data correction request in the following circumstances: (1)Realsee is not supplied with such information as it may reasonably require to verify your and your relevant person(where applicable)’s real identity; (2)Realsee fails to locate the specific personal information/data needed to be corrected according your request described; (3)Realsee has reasonable grounds to believe that your request is not consistent with the real situation; (4)Realsee has no authority to make the decision in processing of personal information/data. Realsee will notify you of the refusal and the reasons for the refusal. Under the circumstance of (4), Realsee will further notify of the name and address of the person who can decide the specific personal information/data processing.
(c) You may make a prevention request by notice in writing to Realsee to cease or not begin a specific processing of your personal information/data for specific purpose or in a specific manner where that processing is likely to cause unreasonable damage or substantial distress.
Realsee may refuse your such prevention request in the following circumstance: (1)Realsee has obtained your prior consent of such processing; (2)the processing is necessary for Realsee to perform contract to which you as one of the party; (3)it is for the taking of steps at the request of you with a view to entering a contract; (4)it is for compliance with any legal obligation to which you are the subject, other than an obligation imposed by contract; (5)it is for your vital interests; (6) in such other cases as may be prescribed by the Minister by order published in the Gazette.
Realsee will respond to you within 21 days from the date of receipt of your prevention request in a written notice stating that (1)Realsee complied or intends to comply with the request, or (2)reasons for your request as unreasonable, or to any extent unreasonable, and the extent, if any, to which Realsee has complied or intends to comply with it.
3 Extra exception circumstances in processing of sensitive personal information/data in Malaysia
Generally, Realsee will process your sensitive personal information/data only upon your explicit consent, except for the following circumstances: (1)the process is for the purpose of exercising any right or perform any obligation imposed by any applicable law or the administration of justice; (2)the process is for your vital interests in the case where Realsee cannot reasonably be expected to obtain your consent; (3)the process is in order to protect the vital interests of another person, in a case where consent by or on behalf of you has been unreasonably withheld; (4)the process is for the purpose of establishing, exercising or defending legal rights; (5)your sensitive personal information/data have been made public.
Annex 2: Additional Privacy Choices for U.S. Residents
Where required by applicable U.S. state privacy laws, including the California Consumer Privacy Act as amended by the California Privacy Rights Act ("CCPA/CPRA"), we provide eligible residents with specific privacy choices regarding their personal information. These may include the right to know, access, correct, or delete personal information, the right to opt out of the "sale" or "sharing" of personal information for cross-context behavioral advertising, and the right to limit the use or disclosure of sensitive personal information (such as precise geolocation data) where applicable. We do not sell personal information for monetary compensation. Where required by applicable U.S. state privacy laws, and if we engage in activities that constitute the “sale” or “sharing” of personal information, targeted advertising or certain profiling activities, we will provide applicable opt-out rights and choices.. To exercise any of your applicable rights, please submit a verifiable consumer request to us via email at complaint@realsee.com. Where legally required, we will take steps to honor applicable opt-out preference signals, such as Global Privacy Control, in accordance with applicable laws. We will not discriminate or retaliate against you for exercising your privacy rights.