Privacy Policy
Last updated March 10, 2023
Shenzhen Smoore Technology Limited (“Smoore”, “us”, “we”, or “our”) operates the Services (as defined herein).
This Privacy Policy (“Policy”) pertains to the collection, processing, use, and disclosure of Personal Data when you use the Service, and the choices you can make as to that data.
We use your data to provide and improve the Service. By using the Service, you acknowledge the collection and use of information in accordance with this Privacy Policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.
1. Definitions
Services
“Services” means services, websites, applications, and similar services operated by Smoore, including the AUXO Connect mobile application (“App”) and the auxo-official.com website.
Users
“Users” means the users of our Services, including users of our services, websites, applications (including the App), and similar services. Users cover those who login (“Logged-in Users”) and those who do not login (“Visitors”).
Personal Information / Personal Data
“Personal Information” or “Personal Data” are used interchangeably in this Privacy Policy, and include information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device; they do not include publicly available information from government records or deidentified or aggregated consumer information.
Usage Data
Usage Data is data collected automatically either generated by the use of the Services or from the Services infrastructure itself (for example, the duration of a page visit).
Cookies
Cookies are small text files that websites place on your device as you are browsing, and which may include an anonymous unique identifier. In some cases, cookies may be used to track an individual’s online activity, e.g., so that the individual can be targeted with specifically-tailored ads.
Please be aware that we use cookies on each of the Services to monitor and record any and all activities and communications to, from, and on the Services in order to safeguard, improve, and analyze usage of the Services, and for the other purposes listed in our Privacy Policy.
2. Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you. We most often collect this information directly from you when you use our Services or from the third-party applications that you use to connect our products or devices to our Services.
For Visitors, we will ONLY collect your MAC address. We will collect your MAC address for connecting the device ONLY. We will NOT combine your MAC address with any other information we may have to identify you.
Types of Data Collected
Personal Data
While using our Services, we may ask you to provide us with certain data that may constitute Personal Data, including, but not limited to:
· name
· photograph
· date of birth or age
· address
· email address
· phone number
· Usage Data (see below)
· cookies
· Product Data (see below)
Usage Data
When you access the Services, we may automatically collect certain information about your device, including, but not limited to, the type of device, unique identifiers associated with your device, IP address, operating system, browser type and version, apps and app versions, diagnostic data, and others (“Usage Data”).
Product Data
In the event you connect one of our products or devices to our Services, we will collect and retain details about your use of the products or devices, such as number of puffs, puff length, temperature, session length, and status of device.
Cookies and Tracking Data
We use cookies and similar tracking technologies to track the activity on our Services, which we then store. We may also use other tracking technologies such as beacons, tags, and scripts to collect and track information and to improve and analyze the performance of our Services. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Services. Examples of cookies we use include:
· Session Cookies. We use Session Cookies to operate our Service.
· Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
· Security Cookies. We use Security Cookies for security purposes.
Sensitive Data
We will NOT collect or process your sensitive data, including your personal data revealing your race, ethnic origin, political opinions, religious or philosophical beliefs, your genetic data or biometric data, your health-related data, and the data concerning your sex life or sexual orientation.
For the avoidance of doubt, we collect and process your puff-related data and temperature data for the sole purpose of improving our Services. We will NEITHER collect or process your puff-related data and temperature data for any biometric or health-related purpose, NOR combine such information with any other information we may have to identify you.
Purpose of Collection / Use of Data
Smoore uses collected data for various purposes, including:
· to provide and maintain our Services;
· to notify you about changes to our Services;
· to allow you to participate in interactive features of our Services when you choose to do so;
· to respond to your feedback and provide customer support;
· to improve our Services;
· to monitor the usage of our Services;
· to detect, prevent, and address technical issues;
· to comply with laws, government orders, or legal processes; and
· to defend or protect our legal, regulatory, or business interests.
3. Transfer of Data
Smoore is based in China and the Personal Information that we collect and process is accessed from, and retained and stored in, China, the United States and Europe. Smoore uses service providers that store Personal Information on our behalf in China and in other third countries, including the United States and Europe. Please be aware that the China, and these other third countries, may not provide the same level of protection of Personal Information as in your country, state, or other jurisdiction of residence or nationality, and when transferred to China, the United States, Europe, or elsewhere, your Personal Information may be accessible by, or otherwise made available to, local government authorities and officials pursuant to judicial and/or administrative orders, decrees, and demands, and/or other domestic laws, statutes, and regulations.
Smoore will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless permitted by law and there are adequate controls in place for the security of your data and other Personal Information.
In particular, for Personal Data stored in Europe and transferred to China, the United States or other third countries, we rely on the standard contractual clauses approved by the European Commission. To request a copy of the standard contractual clauses, or raise any questions about the standard contractual clauses, please contact us using the information in the Contact Us section below
4. Disclosure of Data
Legal Requirements
We may share your Personal Data with certain organizations and third parties in accordance with applicable law, including as set out below. However, we do not share Personal Data with third parties that we have reason to believe use such information for their own direct marketing purposes.
Service Providers. We may share your Personal Data with companies that provide services on our behalf, such as hosting and analyzing our websites, conducting surveys and marketing on our behalf, processing transactions (including rebates and returns), tracking and responding to consumer questions or complaints, and performing analyses to improve the quality of our Services.
Payment Card Transactions. All payments for purchases made through our websites are completed using a third-party vendor’s online payment system. Smoore does not have access to your credit card information and does not store or disclose your full credit card information. Any personal or financial information you provide to our online payment system is subject to the third party’s privacy policy and terms of use, and we recommend you review these policies before providing any personal or financial information.
Distributors and Business Partners. We may share your Personal Data with third parties that distribute our goods, products, and marketing materials.
Business Restructuring. Circumstances may arise where, for strategic or other business reasons, Smoore decides to sell, buy, divest, merge or otherwise reorganize our businesses. We may disclose your Personal Data to the extent reasonably necessary to proceed with the negotiation or with the completion of a merger, acquisition, divestiture or sale of all or a portion of Smoore’s assets.
Legal; Compliance; Business Interests. We may disclose Personal Data (i) if required by law or government order, or with a legal process, (ii) to protect and defend our rights or property, or (iii) in urgent circumstances, to protect the health and personal safety of any individual. In addition, Smoore may disclose your Personal Data with any third party when we believe such disclosure is necessary to defend or protect our legal, regulatory, or business interests. We may also disclose your information upon your express consent.
In the event that you facilitate a transaction with Smoore, or request information from or otherwise engage with us, and such activities require Smoore to share your Personal Data with a service provider or other third party, you hereby acknowledge such disclosure.
5. Security of Data
The security of your data is important to us, and we follow all legal requirements and use commercially acceptable means to safeguard the security of your data. However, no method of data transmission or storage can be 100% secure, so we cannot guarantee the absolute security of your Personal Data.
6. Service Providers
We may employ third party companies and individuals to facilitate our Services (“Service Providers”), such as to provide the Services on our behalf, provide services on which the Services rely, assist with developing and maintaining the Services, or assist us in analyzing how our Services are used. These Service Providers will have access to your Personal Data only as required to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
7. Links to Other Sites and Third-Party Apps
Our Services may contain links to other sites that are not operated by us. If you click a third-party link, you will be directed to that third party’s site. You may access our Services through third-party apps (e.g., Connect Browser) and these third-parties may provide us Usage Data about your access to our Services. We do not control the practices of third parties, and their sites, apps, and services are governed by their own privacy policies and terms and conditions, which you should review. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
8. Minors
Minors, as defined differently in different countries and regions (“Minor”), shall NOT use our Services in a way that is prohibited by the applicable local laws. Please see also our Disclaimer.
We do not knowingly collect Personal Information from any Minors. If you are a parent or guardian and you are aware that your child who is a Minor has provided us with Personal Data, please contact us using the information in the Contact Us section below. If we become aware that we have collected Personal Data from a Minor, we will first take steps to stop his/her use of the App, suspend the processing of such information. Then, after verifying the situation, we will remove that information from our systems.
9. Instructions for Use of Sensitive Permissions
Location and Bluetooth Permissions
Our Services may ask for Bluetooth permissions to scan for and connect to nearby devices. Due to technical limitations, we may simultaneously collect your location data when accessing to your Bluetooth. We will NOT combine your location data with any other information we may have to identify you. We will delete your location data immediately when it is technically feasible.
Photo Album Permissions
Our Services may ask for photo album permissions (i) for you to select a profile picture of yourself to use on the Services; and (ii) to generate a QR code for you to share your temperature setting with other users you choose to share. Whether or not to select a profile picture or share your temperature setting is at your own discretion.
Puff-related Data Collection and Processing Permissions
Our Services, especially our App, may ask for puff-related data collection and processing permissions for the purpose of improving our Services ONLY. We will NOT use your puff-related data for any purpose other than improving our Services.
The puff-related data includes number of puffs, length for each puff, puff length in total and the specific time of each puff (precise to the minute).
You have the right to consent to our collection of the puff-related data by ticking the consent box in a pop-up window when you first connect to our App.
You also have the right to withdraw your consent to our collection of the puff-related data by clicking the button on the device. We will then stop collecting and processing your puff-related data. However, the data we collected before you withdraw your consent will NOT be deleted.
Temperature-related Data Collection and Processing Permissions
Our Services, especially our App, may ask for temperature-related data collection and processing permissions for the purpose of improving our Services only. We will NOT use your temperature-related data for any purpose other than improving our Services.
When you are using our Services, you have the option to set up different temperature zones to tailor the flavor. You are able to share such temperature setups to other users of us. By clicking the “Share” button, a QR code will be generated and can be scanned by the user you choose to share. If such user scans the QR code, your temperature-related data will be transferred to this user.
You have the right to consent to our collection of temperature-related data by ticking the consent box in a pop-up window when you first connect to our App, and the right to consent to the transfer of your temperature-related data to the user you choose to share with by clicking the “Share” button.
You also have the right to withdraw your consent to our collection of the temperature-related data by clicking the button on the device. We will then stop collecting and processing your temperature-related data.
10. California Privacy Rights: Right to Know and Data Portability
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will disclose to you:
· The categories of Personal Information we collected about you.
· The categories of sources for the Personal Information we collected about you.
· Our business or commercial purpose for collecting or selling that Personal Information.
· The categories of third parties with whom we share that Personal Information.
· If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
· sales, identifying the Personal Information categories that each category of recipient purchased; and
· disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
· The specific pieces of Personal Information we collected about you (also called a data portability request).
11. California Privacy Rights: Right to Delete
You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive your request and confirm your identity (see Exercising Your Rights to Know or Delete), we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
· Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
· Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
· Debug products to identify and repair errors that impair existing intended functionality.
· Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
· Comply with other laws and regulations, such as the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
· Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
· Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
· Comply with a legal obligation.
· Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We will delete or deidentify Personal Information not subject to one of these exceptions from our records and will direct our service providers to take similar action.
12. California Privacy Rights: Exercising Your Rights to Know or Delete
To exercise your rights to know or delete described above, please submit a request to us using the information in the Contact Us section below.
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your Personal Information. To designate an authorized agent, please submit an original notarized authorization to our mailing address along with your request.
You may only submit a request to know twice within a 12-month period, if such restriction is permitted by law. Your request to know or delete must:
· Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative, which may include:
· government-issued identification, or
· student identification.
· Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
You do not need to create an account with us to submit a request to know or delete. However, we do consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account.
We will only use Personal Information provided in the request to verify the requestor’s identity or authority to make it.
For instructions on exercising your sale opt-out or opt-in rights, see Personal Information Sales Opt-Out and Opt-In Rights.
13. California Privacy Rights: Response Timing and Format
We will confirm receipt of your request within ten (10) business days or any shorter timeframe required by law. If you do not receive confirmation within such timeframe, please contact us at the information in the Contact Us section below.
We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt, or any shorter timeframe required by law. If we require more time as permitted by law, we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
14. California Privacy Rights: Personal Information Sales Opt-Out and Opt-In Rights
We do not sell your Personal Information to third parties for profit or other valuable considerations. Therefore, we do not provide individuals the ability to “opt-out” of the sale of Personal Information because we do not engage in such activities. .
You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.
15. California Privacy Rights: Non-Discrimination
We will not discriminate against you for exercising any of your legal rights. Unless permitted by law, we will not:
· Deny you goods or services.
· Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
· Provide you a different level or quality of goods or services.
· Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by law that can result in different prices, rates, or quality levels. Any legally permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
16. Your Rights Under California’s “Shine the Light” Law
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Services that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us at the information in the Contact Us section below.
17. Canada Privacy Rights
Consumers in Canada have the following rights as provided under the Personal Information Protection and Electronic Documents Act (“PIPEDA”):
· You may ask us about the Personal Information about you that we hold, how and where we obtained that information, and how that information is or has been used and to whom it has been disclosed.
· You may request a copy of your Personal Information.
· You may correct or amend Personal Information in cases where accuracy and completeness is deficient.
Please note that we may deny access to Personal Information if any of the following situations apply:
· the information is protected by solicitor-client privilege or the professional secrecy of advocates and notaries or by litigation privilege;
· to do so would reveal confidential commercial information;
· to do so could reasonably be expected to threaten the life or security of another individual;
· the information was collected for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province;
· the information was generated in the course of a formal dispute resolution process; or
· the information was created for the purpose of making a disclosure under the Public Servants Disclosure Protection Act or in the course of an investigation into a disclosure under that Act.
To make a request, please submit a request in writing, along with a copy of a government-issued identification, to us at the information provided below.
We endeavor to substantively respond to a verifiable consumer request within thirty (30) days of its receipt. If we require more time (up to another 30 days), we will inform you of the reason and extension period in writing.
18. EU Privacy Rights
If you are in the EU, you have the following rights under the General Data Protection Regulation (“GDPR”):
· You may request access to your Personal Data.
· You may request the rectification or correction of your Personal Data
· You may request the erasure of Personal Data.
· You may request restrictions on the processing of your Personal Data.
· You may object to the processing of your Personal Data.
· You have the right of data portability.
· You may withdraw your consent for the processing of your Personal Data.
To exercise any of these rights, please contact us using the contact information in the Contact Us section below. To avoid any security incidents, we will verify your identity first before you submit any request.
In addition, you have the right to lodge a complaint with a supervisory authority regarding our policies and practices. To find the contact information of the EU member states supervisory authorities, please click here.
19. Changes to This Privacy Policy
We may update our Privacy Policy from time to time by publishing an updated version to our website and App.
20. Contact Us
If you have any questions about this Privacy Policy, or if you would like to contact us to exercise any of your rights under this Privacy Policy, we may be reached as follows:
By email: support@auxo-official.com
By visiting this page on our website: http://www.auxo-official.com
By phone number: (844)464-2896
By mail:
Privacy Officer
Block 8th, Dongcai Industry Park, Gushu Village, Xixiang Town, Bao’an District, Shenzhen, China
Privacy Policy for AUXO Connect App