My Chihiros Privacy Policy

Welcome to My Chihiros, a mobile application (the “App“) that assists you in operating Chihiros aquatic studio’s various smart devices (“Devices”) installed in your aquarium (“Aquarium”) and in monitoring the status of your Aquarium.

We, Shanghai Ogino Biological Technology Co., Ltd. and our affiliates (the “Company”, “we”, “us”, “our”), respect your privacy.

This Privacy Policy (the “Policy”) explains our privacy practices for the App. It describes how we collect personal information, use it and share it, and the rights and options available to you with respect to your information.

It is your decision to provide us with your personal information. You are not legally obligated to provide us with this information, but we need it in order to provide you with the App’s functionality.

This policy is combined into our Terms of Use can be found at: http://www.chihiros.cn/en/newsd/c5/id93.html (the “Terms”) and is a part of them.

In short…

The following key points of the Privacy Policy are only brought for your convenience. They are not a substitute for the full Policy.

Personal data we collect. We collect information that you actively provide us in the registration process and when contacting us, and we also collect information about the mobile device from which you access the App. We also collect and use other information such as statistical information about your use of the App and other information with respect to your Aquarium and Devices, which we use, inter alia, to provide you information, notifications and warnings through the App.
Using the information we collect. We use the information we collect to operate the App and provide you with support and feedback in response to inquiries you make. We also use the information we collect to continue to improve the App and the services provided thereby.
Promotional Communications. We may send you email communications concerning our products (including Devices we think might interest you) and services. You may ‘opt-out’ of using your data for promotional communications at any time by sending an email to chihiros@chihiros.cn.
Sharing the information we collect. We may share your information with third parties such as our contractors and service providers, strictly for the purpose of operating the App and providing services through the App.
Retention. We retain your personal information for as long as we deem necessary for the purpose it was first obtained.
Security. We implement measures to reduce the risks of damage and unauthorized access or use of your information, but these measures, just like any security measure, cannot provide absolute information security.
Privacy of Children. You must be 18 years of age or older in order to use the App. We do not knowingly or intentionally collect information about children who are under 18 years of age.
Changes to the Policy. This policy is subject to change. We will seek your consent for material changes. The most updated form of this policy can always be found at: http://www.chihiros.cn/en/newsd/c5/id92.html

PERSONAL DATA WE COLLECT

Information you actively provide us

Registration. Only registered users may use the App. You may register to the App by providing your email address, password, full name, phone number, country and zip code. You are also required to provide information about your Aquarium, such as Aquarium type, Aquarium system, size of the Aquarium (in gallons), type of flora and fauna in the Aquarium, time zone, etc. (“Aquarium Device Information”). Please note that this Aquarium Device Information may reveal and be indicative of your personal information, including your interests, financial situation and the contents of your home (collectively, “Registration Information”).

Inquiries. If you contact us for questions or complaints, we will collect the information related to your inquiry. This may include your full name, email address, mobile number and other contact information, depending on the nature of your inquiry (“Inquiry Information“).

Information we automatically collect through your use of the App

Analytic Information. When you access or use the App, we may use third party analytics tools to automatically collect information about your use of the App. This information includes your session durations, the content you accessed on the App, your interactions and user-interface clicks, the frequency and scope of your use of the App (“Analytical Information“).

Mobile Device Information. We may collect information about your mobile device, including its model, its operating system, unique device identifiers, mobile network information and the Internet Protocol (IP) address through which you accessed the App (“Mobile Device information”).

Geolocation Information. We collect your geolocation when you use the App (“Geolocation information”).

All the data and information specified above is referred to as the “Information” in this policy.

Children’s Privacy

The App is not intended for children under the age of 18. We do not knowingly or intentionally collect Information about children who are under 18 years of age.

If you are under the age of 18 you may not use the APP in any way.

USING COLLECTED INFORMATION

We use the Information we collect for the following purposes:

Operating the App and providing its features and functionalities;
Helping us to enhance and improve Device functionality
Sending you updates and other communications via email or text-message (SMS) related to the App (e.g. alerting you about Device and or Aquarium possible malfunction, etc.);
Sending you email communications concerning our products, and services and other related information (“Promotional Communications”).

You may ‘opt-out’ or ‘unsubscribe’ in order to disallow our use of your data for Promotional Communications at any time by sending an email to: chihiros@chihiros.cn. By doing so, we will only delete the Information which is required to contact you for promotional communications, while the rest of your Information which is necessary to provide you with the App and the services thereunder will continue to be processed.

Improve and enhance the services and content offered on the App.
Generating statistical and aggregated information about users of the App;
Providing you with support, handling complaints and inquiries and contacting you when we believe it is necessary.
Enforcing the Terms and this Policy and preventing misuse of the App.
Complying with any applicable law and assisting law enforcement agencies and competent authorities, if we believe it is necessary or justified.
Taking any action in any case of dispute involving you, with respect or in relation to the App, the services provided by the App and or Devices.

Sharing information collected

We will not share your Information with third parties, except in the events listed below or when you provide your explicit and informed consent:

We may share your Information with third parties such as our contractors and service providers (such as our hosting providers) strictly for purposes of operating the App and providing services through the App.

Such third parties are authorized to use your Information only as necessary to provide the above services to us and not for their own promotional purposes. We do not sell your Information to third parties

If you have breached the Terms, abused your rights to use the App, or violated any applicable law, or we reasonably believe that you have so done, your information may be shared with the competent authorities and with our counsel, if we believe such is necessary or justified;
If we are required to disclose your Information by a judicial, governmental or regulatory authority;
In any case of dispute, or legal proceeding of any kind involving you with respect to the App, the services provided through the App or the Devices.
We will share your Information with our affiliated group of companies which help us process data for the purposes set out above;
In the event that the App or the services provided through the App are provided by a different entity, due to sale of our shares (or those of our affiliates) or purchase of the relevant part of our business or other reorganization, we may share your Information with the relevant parties.

Retaining collected information

We will retain the Information for as long as required by law. Following such period, we may retain your Information for as long as necessary to fulfil the purposes for which it was collected (as detailed above), including for the purposes of satisfying any legal, accounting, or reporting requirements. In determining the amount of time to hold your Information, we consider the type and amount of Information collected, and the sensitivity of such Information.

We may also anonymize your Information so that it can no longer be associated with you, in which case we may use such Information without further notice to you and without otherwise being bound by the terms of this policy.

Transfer of data outside your territory

Your Information will be processed by us and our corporate affiliates in various locations throughout the globe, including Europe, US, China, Hong Kong and Malaysia. Certain information may be stored externally via cloud services. We will only transfer your personal information to a country or company which has been deemed to have an adequate level of data protection by the EU commission, or under other adequate safeguards determined under the applicable law.

Information Security

We implement measures to reduce the risks of damage, loss of information and unauthorized access or use of information. These measures do not provide absolute information security. Therefore, it is not guaranteed, and you cannot expect that the App will be immune from information security risks.

California Residents

The following disclosure is made pursuant to California Online Privacy Act (CA Civil Code § 22575): When you use our App, other parties, may collect personally identifiable information about your activities over time and across different websites or online services.

Additional Provisions Applicable to individuals in the EU

Controller. Shanghai Ogino Biological Technology Co., Ltd. is the data controller for the purposes of the personal data we collect through the Service and for the performance of the services offered through the App.

Legal Basis for Processing Your Data.

The legal basis for collecting the Registration Information, Inquiry Information, Geolocation Information and Aquarium Device Information is its necessity for the fulfillment of a contract between you and us, and our legitimate interest in providing you with services, as well as support and feedback in response to inquiries you make;
The legal basis for processing and collecting Mobile Device information and Analytical Information is our legitimate interests in operating our services, ongoing management of our business and business development;
The legal basis for collecting and processing your information for Promotional Communications is our legitimate interests in promoting Chihiros aquatic studio’s products and services and informing users about relevant information concerning them.
Further processing may occur based on legal requirements.

EU Rights. You have the following rights under the GDPR:

If you are a Europe Union user under General Data Protection Regulation (GDPR), you have the right to obtain from us the erasure of your personal information. We shall consider the grounds regarding your erasure request and take reasonable steps, including technical measures, if the grounds apply to GDPR.

If you are a Europe Union user under GDPR, you have the right to obtain from us the restriction of processing your personal information. We shall consider the grounds regarding your restriction request. If the grounds apply to GDPR, we shall only process your personal information under applicable circumstances in GDPR and inform you before the restriction of processing is lifted.

If you are a Europe Union user under GDPR, you have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

If you are a Europe Union user under GDPR, you have the right to receive your personal information in a structured, commonly used format and transmit the information to another data controller.

Changes to this Privacy Policy

We may change this Policy, in which case we will seek your consent to those changes if they are material. If you do not consent to the amended Policy, we may terminate your account and block your access to, and use of, the App. Our updated Privacy Policy can always be found at the following link: http://www.chihiros.cn/en/newsd/c5/id92.html

You may contact us with any questions or comments at:chihiros@chihiros.cn

Effective date of the policy: March 3rd,2019