END USER TERMS AND CONDITIONS

(Effective Date: February 1, 2019)

 

Welcome to the Hisense Smart TV (referred to in this policy as the “Device”). 

 

These End User Terms and Conditions ("Terms and Conditions") govern and regulate the use of the Device and the Smart Services, and are a legal agreement between the end user (referred to as “you” or “your”) and Hisense Electric Co., Ltd., its affiliates, subsidiaries and/or parents (referred to as "Hisense" or "we" or "us" or “our” or “ours”).

 

IF YOU WANT TO USE THIS DEVICE

 

Please read these Terms and Conditions carefully.  By using the Device, installing and/or using and/or accessing or using the Smart Services through this Device, or any other features of functionality made available on your Device, you agree to be legally bound and abide by these Terms and Conditions.  Your use of the Device and/or the Smart Services indicates that you have read and accepted these Terms and Conditions and any other applicable terms.  By using the Device and/or the Smart Services, you acknowledge and accept the Privacy Policy (available at http://www.pbtpyl.live/tv/AndroidVoiceACRPQAQ/privacy) and consent to the collection and use of your data and information in accordance with the Privacy Policy.  In addition to the foregoing, by using the Operating System, you acknowledge and accept the Google Terms of Service, the Google Play Terms of Service, and the Google Privacy Policy (all available on the Device during setup) and consent to the collection and use of your data and information in accordance with the Google Privacy Policy.  If you do not wish to agree to these Terms and Conditions or the Privacy Policy, and to the Google Terms of Service, the Google Play Terms of Service, and the Google Privacy Policy, you must not access or use the Smart Services in connection with the Device, or the Operating System.

 

1.     IMPORTANT DEFINITIONS

 

Application(s)” means an embedded, downloadable and/or executable software application owned by us or a third party, and made available on the Device.

 

Content” means all audio and visual elements and ideas offered by us or third parties, including but not limited to data, movies, videos, photographs, software, games, designs, likenesses, artwork, images, music, sound, information and other materials, tangible and intangible, including derivative works, on all media and formats, existing or in future.

 

Device” means this Hisense Smart TV.

 

Materials” collectively means any Content, Submitted Content (where applicable and as further defined herein), messaging, blogging, chatting, social networking, information, advertising and/or internet links, etc., accessible or delivered through the Device.

 

“Operating System” means Android? operating system platform for this Device.  Android is a trademark of Google LLC.

 

Smart Services” means the access, procurement, disposal, sale, purchase, subscription, lease, rental, consultation or other use of Materials, and all other types of services or functions typically available from the Internet, offered by us or by third parties, through Application(s) in your Device.

 

“Submitted Content” means any Content submitted, uploaded or posted by you, on behalf of you, or by other users, on or through your Device or the Smart Services.

 

2.     USE OF DEVICES AND SERVICES

 

All Applications and Materials are owned and/or licensed by and from Hisense or by and from third parties, as applicable, and are protected by copyright, patent, trademark and/or other intellectual property laws.  From time to time, we may directly offer and make available to you certain Smart Services, and in such events, your use of such Smart Services shall be subject to these Terms and Conditions.  Smart Services may be provided locally subject to local laws and regulations, and depending on your residence, location and network availability, you may be limited to types and levels of the Smart Services.  The Terms and Conditions for the use of such Smart Services may differ for each different country, region or market, and are subject to relevant local, country and regional laws and regulations.  All Smart Services are provided solely for your personal use in connection with your use of the Device.  You may not use any Smart Services in a manner that has not been expressly authorized herein.  Without limiting the foregoing, except as expressly permitted by these Terms and Conditions and/or applicable laws and regulations, you may not modify, copy, re-publish, upload, post, transmit, translate, sell, create derivative works of, exploit, or distribute in any manner or medium any of the Smart Services accessed through this Device.

 

a.     USE OF THE SMART SERVICES

 

Smart Services are intended for use by persons eighteen (18) years of age or older.  If you are not at least 18 years of age or older or are legally, or otherwise, restricted from using the Smart Services, please discontinue using the Smart Services immediately.  If you are not eighteen (18) years of age or older, you must have a parent or guardian's approval prior to using the Smart Services.  By using any portion of the Smart Services, you accept these Terms and Conditions and are certifying that you are at least 18 years of age, are not under 13 years of age, or if you are between the ages of 13 and 18, have parental or guardian’s consent.  Any use by individuals not of such age shall be considered a violation of these Terms and Conditions.  The use of any portion of the Smart Services (including the Materials) is restricted solely to personal use and no other uses are permitted.

 

WE RESERVE THE RIGHT TO BLOCK OR TERMINATE ANY USER ACCOUNT IN THE EVENT WE REASONABLY DETERMINE THAT THE USE OF SMART SERVICES IS IN VIOLATION OF THESE TERMS AND CONDITIONS, INCLUDING CREATING ACCOUNTS WITH FALSE INFORMATION.

 

Smart Services offered through the Device that require a fee may not be accessed by persons who have not paid the appropriate fee.  In the event that registration, creation of a user account, and/or a fee is required for the Smart Services offered or provided by the licensor of such Smart Services, such registration, creation of a user account, and/or a fee shall be subject to privacy policies, terms and conditions of the Smart Services licensors.

 

All Smart Services accessible through this Device may be changed, suspended, removed, terminated or interrupted, or access may be denied, blocked or disabled at any time, without notice, and we make no representations or warranties that any Smart Services will remain available for any period of time.  All Materials are transmitted by means of networks and transmission facilities over which we have no control.  We may impose limits on the use, disabling, removal or suspension of any Smart Services made available through this Device at any time, without further notice or liability to you.  We may impose limits on the use of, or access to, certain Smart Services in any case and without notice or liability.  You must accept these Terms and Conditions and the Privacy Policy if you wish to use the Smart Services accessible through your Device.

 

All third party Smart Services in the Device are managed and controlled by their respective owners.  We are not responsible for the included, pre-loaded, user downloaded or other third party Smart Services, which may be modified, removed, deleted or changed, with or without notice by their respective owners.  Any questions or requests for service relating to such Smart Services should be made directly to the respective third party Smart Services providers, and not to us.

 

b.     SPECIFIC USE OF SMART SERVICES THROUGH OUR APPLICATIONS

 

Access to certain portions of the Smart Services through our Applications may require registration and creation of a user account and/or a fee.  Such registration, creation of a user account and payment of a fee may be completed on a webpage run by us (or an affiliate of ours) or by a third party (including a payment gateway provider).  Such registration may require providing personal information to us or third parties and choosing a unique, secret password that may not be shared with others.  Any personal information provided by you to us will be protected in accordance with our Privacy Policy available at http://www.pbtpyl.live/tv/AndroidVoiceACRPQAQ/privacy and the Google Privacy Policy.  The personal information you provide for registration must be complete and accurate.  You shall not use any third-party personal information to create an account in connection with the use of the Smart Services, and you are not allowed to access others' accounts.  We are not responsible for use or misappropriation of any other’s personal information to access the Smart Services.  In the event that registration, creation of a user account, and/or a fee on a third party website is required for the Smart Services offered or provided through our Device, such registration, creation of a user account, and/or a fee shall be subject to privacy policies, terms and conditions of the third parties providing such access to the Smart Services.

 

c.     GRANT OF LICENSE

 

As between you and Hisense, Hisense owns all right, title, and interest in and to the Hisense owned Application, and each respective third-party Application owner owns all right, title and interest in and to their respective third-party Application, including, without limitation, all applicable intellectual property rights or other proprietary rights in the Application throughout the world, regardless of whether registered or legally secured.  Subject to the respective license agreements between us and the respective third-party Application owner, and your full compliance with these Terms and Conditions, we grant to you a non-exclusive, limited, non-transferable and personal license (without the ability to sublicense) to download and/or use the Applications (other than any third-party Application which is governed by its own and separate license terms and conditions) to display, receive or otherwise use (only to the extent permitted in each case) the Smart Services through the Application from your Device only.  No other rights to the Application are granted.  The scope of rights for Smart Services shall be subject to the terms and conditions of the respective Smart Services and other licensing requirement and restrictions otherwise imposed or required by the relevant Smart Services providers.  All rights including intellectual property rights in the Applications and the Smart Services remain our property or that of the relevant licensors or owners of the Application or the Smart Services.  Any breach of these Terms and Conditions will result in the revocation of the rights granted herein in whole or in part, and we or the respective owners of the Application and the Smart Services may conduct further legal action if necessary.

 

3.     USE RESTRICTIONS AND PROHIBITIONS

 

You or any third party (directed by you) may not display, copy, store, modify, sell, trade, resell, reproduce, publish, broadcast, redistribute, or make derivative works of any Materials, whether a portion of or in their entirety, and such displaying, copying, storing, modification, sale, publishing, broadcasting or redistribution shall be prohibited unless you have obtained all necessary rights and permissions from us or each of the respective relevant owners or right holders of such Materials or as permitted by applicable law.  Unauthorized use of the Materials is prohibited and may result in criminal prosecution and/or civil liability, for which you shall be solely responsible.

 

You may not use any portion of the Device for any other purposes other than as permitted herein, including but not limited to illegal activity, to make solicited and/or unsolicited offers or advertisements, to impersonate or falsely claim affiliation with any person or entity, to misrepresent, harass, defraud or defame others, to post, upload, transmit or disseminate any obscene, unreasonably offensive or any other unlawful material, or any information that may negatively impact our reputation, goodwill and/or the Smart Services, nor for any commercial purposes.  Except as expressly permitted by these Terms and Conditions, and except to the extent provided for by applicable laws, you may not disassemble, reverse engineer and/or tamper with the Application(s), or transmit hidden or malicious code or to collect information of other users through the Application(s).  You are not permitted to copy, edit, modify, alter or create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any Application, unless expressly permitted by us in writing, or to the extent permitted under the laws applicable to you, and you will not permit or grant a license to any third party to do so.  You may not take any action to interrupt the functionality of or tamper with the Materials contained in or provided through the Smart Services or its servers or to unreasonably affect others' enjoyment of the Smart Services in any way.  You may not in any manner attempt to gain unauthorized access to 1) any portion or feature of the Device; 2) the Smart Services, or any other systems or networks connected to the Device; 3) the Smart Services or to any Hisense controlled server; or 4) to any of the Applications, Materials, or other services offered on or through the Smart Services.

 

WE RESERVE THE RIGHT TO BLOCK, DENY OR TERMINATE YOUR ACCESS TO THE SMART SERVICES IN OUR SOLE DISCRETION FOR ANY REASON AND AT ANY TIME AND WITHOUT FURTHER NOTICE TO YOU.

 

4.     CONTENT PROVIDED BY YOU OR OTHER USERS

 

Any Content submitted, uploaded or posted by you, on behalf of you, or by other users, on or through your Device or the Smart Services (herein “Submitted Content”) will be considered non-confidential and non-proprietary, subject to local laws and regulations.  We also reserve the right to disclose your information as necessary to any third party who claims that any Submitted Content constitutes an infringement of third party intellectual property rights, or of their right to privacy.  By posting, submitting, uploading or otherwise transmitting Submitted Content in any way, you grant us a perpetual, irrevocable, unrestricted, non-exclusive, worldwide, fully paid-up, royalty free, sub-licensable license to use, modify, change, copy, disclose, license, perform, display, post, publish, distribute, transmit or otherwise use such Submitted Content in any manner, create derivative works thereof or incorporate the Submitted Consent into other work anywhere in the world.  We have the right to remove any Submitted Content for any reason including if, in our sole opinion, such Submitted Content is unnecessary, offensive, indecent or objectionable. 

 

We do not control the Submitted Content and do not warrant the nature, accuracy, integrity, appropriateness or quality of the Submitted Content.  You warrant that any of your Submitted Content does not and will not infringe any third party intellectual property rights.  You are solely responsible for all Submitted Content that you upload, post, email, transmit, or otherwise make available in any portion of the Smart Services.  We assume no liability for such Submitted Content and you are solely responsible for any liability arising from or related to any Submitted Content posted, uploaded or transmitted by you or on behalf of you on or through your Device or the Smart Services.  We reserve the right to remove Submitted Content that may be infringing on another person’s intellectual property rights with or without notice to the infringer and in accordance with applicable intellectual property or other laws, including the Digital Millennium Copyright Act (DMCA).

 

5.     ADVERTISEMENTS AND CUSTOMER SERVICE COMMUNICATIONS

 

You understand and agree that the Smart Services may include advertisements, certain communications from us or third parties such as update announcements, administrative messages, newsletters and other materials (“Communications”).  As those Communications are part of the Smart Services, you may not opt out of receiving them.  Certain Materials may not be suitable for minors or other users.  Such Materials may not be rated or identified as being unsuitable.  Therefore, you understand and agree that you are using the Materials at your own risk and we shall have no liability to you for any unsuitable Materials.

 

6.     THIRD PARTY SERVICES

 

The Device may enable you to interact with, link to or associate third parties providing Smart Services that are not owned, controlled or operated by us.  This access or interaction with third party Smart Services may be facilitated by, for example, the country location you identified during the set-up process.  We are not responsible for the functionality, quality or content of third-party Smart Services, and do not assume any obligation to review any third party Smart Services.  You expressly acknowledge and agree that the identification of your country location and your use of, linking to or accessing any third party Smart Services is entirely at your own risk, and it is your responsibility to view and abide by the terms of use, privacy policies, and any other policies applicable of such third-party Smart Services.  We make no representations or warranties with respect to any third-party Smart Services, and you understand and agree that, to the maximum extent permitted by law, that we shall in no event be liable for any direct, indirect, incidental or special or consequential loss or other damage, attorney’s fees and expenses arising out of, or in connection with, your use or access to third-party Smart Services. Any activities you engage in connection with third party Smart Services are subject to the privacy policies, terms and conditions and other rules of the third parties.

 

7.     PRIVACY AND PROTECTION OF PERSONAL INFORMATION

 

To learn about how Hisense protects and handles your personal information and other information when you use the Smart Services, visit our Privacy Policy at http://www.pbtpyl.live/tv/AndroidVoiceACRPQAQ/privacy.

 

8.     WARRANTIES AND LIABILITIES

 

TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DEVICE, THE QUALITY, PERFORMANCE AND ACCURACY OF SMART SERVICES USED OR ACCESSED ON THE DEVICE IS SOLELY THE RESPONSIBILITY OF YOU.  TO THE EXTENT PERMITTED BY LAW, UNLESS OTHERWISE PROVIDED FOR BY US IN THE DEVICE WARRANTY CARD, THE DEVICE IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES, TERMS, REPRESENTATIONS, CONDITIONS OR UNDERTAKINGS OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO, BUT NOT LIMITED TO, THEIR QUALITY, RELIABILITY, PERFORMANCE, PURPOSE, OR ACCURACY.

 

TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS WITH RESPECT TO ANY THIRD PARTY SMART SERVICES, EITHER EXPRESS OR IMPLIED, AND ALL ASSOCIATED RISKS FROM THE USE OF THE DEVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.  WE DO NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, LEGALITY, OR COMPLETENESS OF ANY THIRD PARTY SMART SERVICES MADE AVAILABLE THROUGH THE DEVICE AND DO NOT WARRANT THAT THE SMART SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE DEVICE IS OR WILL BE COMPATIBLE WITH ALL SMART SERVICES, OR THAT OPERATION OF THE DEVICE OR SMART SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

 

YOU AGREE TO ASSUME ALL RISKS OF USING THE SMART SERVICES, AND, TO THE EXTENT PERMITTED BY LAW, NOT TO HOLD US OR ANY OF OUR HOLDINGS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, CONTRACTORS, LICENSORS OR ADVERTISERS RESPONSIBLE FOR ANY DAMAGES, LOSSES, OR HARM, TANGIBLE OR INTANGIBLE, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, LOSS OF PROFIT, REVENUE, INTEREST OR BUSINESS, OR CORRUPTION OF DATA OR ATTORNEY'S FEES ARISING FROM THE USE OF THE SMART SERVICES AND/OR MATERIALS.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE HELD RESPONSIBLE FOR ANY THIRD-PARTY SMART SERVICES THAT MAY BE ACCESSED THROUGH THE DEVICE OR APPLICATION(S), NOR SHALL WE BE HELD RESPONSIBLE FOR HIDDEN OR MALICIOUS CODE CONTAINED ON OR DISTRIBUTED THROUGH THE APPLICATIONS OR OUR DEVICE BY THIRD PARTIES.  WE DO NOT GUARANTEE THAT THERE WILL BE NO INTERRUPTIONS, DELAYS OR INACCURACIES IN THE SMART SERVICES AND DO NOT GUARANTEE THE CONTINUED AVAILABILITY OF SUCH SMART SERVICES.  DUE TO THE VARIOUS CAPABILITIES OF DEVICES FEATURING THE SMART SERVICES, AS WELL AS LIMITATIONS IN THE AVAILABLE SMART SERVICES OFFERED VIA THE DEVICE OR APPLICATION(S), CERTAIN FEATURES AND/OR SMART SERVICES MAY NOT BE AVAILABLE ON ALL DEVICES OR IN ALL TERRITORIES OR MAY CHANGE OVER TIME.  SOME FEATURES ON THE SMART SERVICES MAY ALSO REQUIRE ADDITIONAL PERIPHERAL DEVICES THAT ARE SOLD SEPARATELY.  WE DO NOT ENDORSE ANY OF THE IDEAS, PRODUCTS, PERSONS, OR OPINIONS EXPRESSED IN THE SMART SERVICES AND/OR MATERIALS.

 

WE SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF PROFIT, REVENUE, INTEREST, BUSINESS OR CORRUPTION OF DATA, ATTORNEY FEES, EXPENSES, OR ANY OTHER LOSS OR DAMAGES, INCLUDING PUNITIVE DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, ANY SMART SERVICES CONTAINED IN, OR AS A RESULT OF THE USE, OF THE DEVICE, OR ANY SMART SERVICES ACCESSED OR USED BY YOU, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

 

CERTAIN LEGISLATION MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON US WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT.  THESE TERMS AND CONDITIONS MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS.  IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH WE ARE ABLE TO DO SO, OUR LIABILITY UNDER THOSE PROVISIONS WILL BE LIMITED, AT OUR OPTION, IN THE CASE OF SERVICES TO (A) THE SUPPLYING OF THE SERVICES AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN AND, IN THE CASE OF GOODS, TO (A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF THE GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (D) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.

 

YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGES, LOSSES, COSTS, OR HARM ARISING FROM YOUR USE OF THE SMART SERVICES.  TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITIES WITH RESPECT TO YOUR USE OF THE SMART SERVICES (REGARDLESS OF WHETHER OR NOT SUCH USE REQUIRES REGISTRATION, CREATION OF A USER ACCOUNT AND/OR PAYMENT OF A FEE) AND MATERIALS.  IF ANY PORTION OF THESE TERMS AND CONDITIONS ARE ILLEGAL OR UNENFORCEABLE OR THERE IS A CLAIM THAT WE HAVE BREACHED ANY OF THESE TERMS AND CONDITIONS, IT DOES NOT AFFECT OR INVALIDATE THE OTHER TERMS.  THESE TERMS AND CONDITIONS MAY NOT BE WAIVED OR MODIFIED WITHOUT WRITTEN CONSENT FROM US.

 

9.     WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF

 

TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE DEVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND.  THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY DEVICE, APPLICATION, CONTENT, SUBMITTED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY US (INCLUDING YOUR SUBMITTED CONTENT) OR OUR LICENSORS.

 

10.  INDEMNIFICATION

 

You agree to defend, indemnify and hold harmless Hisense, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Device and/or Smart Services, including, but not limited to, your Submitted Content, and any use of the Materials, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained through the Device.

 

11.  GOVERNING LAW AND JURISDICTION

 

To the extent permitted by law, these Terms and Conditions shall be governed by the laws of the State of Georgia, USA and by accepting these Terms and Conditions, and by your use of the Smart Services, you are agreeing that such Terms and Conditions and all other aspects of the Smart Services will be construed in all respects in accordance with the laws of the State of Georgia, USA, and you agree to submit to the non-exclusive jurisdiction of the courts of Gwinnett County, State of Georgia, USA.

 

12.  ARBITRATION AND CLASS ACTION WAIVER

At our sole discretion, and to the extent permitted by law, we may require you to submit any disputes arising from compliance with these Terms and Conditions or the use of the Smart Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying laws of the State of Georgia, USA.

Where permitted under applicable law, you and Hisense agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class or representative action.  Unless we both agree, no judge or arbitrator may consolidate more than one person’s claims or otherwise preside over any form of a representative of class proceeding.

 

13.  ACTIONS REQUIRED BY LAW

 

We may need to comply with the lawful interception and/or data retention requirements of local law enforcement agencies from time to time.  We may restrict access to any part of the Smart Services and the Device or terminate your access to the Smart Services, at any time in our sole discretion if required by law or by the relevant authorities or regulatory agencies to do so.

 

14.  COPYRIGHT INFRINGEMENT

 

If you believe that any of the Smart Services or any Materials violate your copyright, please see our Copyright Policy at http://www.pbtpyl.live/tv/copyright for instructions on sending us a notice of copyright infringement.  It is our policy to terminate the user accounts of repeat infringers.

 

15.  ASSIGNMENT OR TRANSFER

 

You are not permitted to transfer, assign or otherwise dispose of these Terms and Conditions which is personal to you, or any of your rights or obligations arising under these Terms and Conditions without the prior written consent of Hisense.

 

16.  WAIVER AND SEVERABILITY

 

No waiver of by Hisense of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Hisense to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

 

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

 

17.  ENTIRE AGREEMENT

 

These Terms and Conditions constitute the sole and entire agreement between you and Hisense with respect to your use of the Device and/or the Smart Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your use of the Device and/or the Smart Services.

 

18.  CHANGES TO END USER TERMS AND CONDITIONS

 

We may revise and update these End User Terms and Conditions from time to time in our sole discretion.  All changes are effective immediately when we post them at http://www.pbtpyl.live/tv/AndroidVoiceACRPQAQ/terms, and apply to all access to and use of the Device and the Smart Services thereafter.

 

Your continued use of the Device and the Smart Services following the posting of revised End User Terms and Conditions means that you accept and agree to the changes.  You are expected to check this page (http://www.pbtpyl.live/tv/AndroidVoiceACRPQAQ/terms) periodically so you are aware of any changes, as they are binding on you.

 

19.  CONTACTING YOU

 

We may provide you with notices (including notices relating to changes to these Terms and Conditions or termination of the Smart Services or parts thereof) by email, ordinary mail, or postings on or via the Device or Smart Services.

 

20.  CONTACTING US

 

Please direct any additional questions you may have regarding these Terms and Conditions to the Customer Service Director at Hisense USA Corporation via phone, email or regular mail to:

 

HISENSE USA Corporation

ATTN: Customer Service Director

7310 McGinnis Ferry Road, Suwanee, GA, 30024

Phone: 1-888-935-8880

Email: [email protected]

 

 

PRIVACY POLICY

(Effective Date: February 1, 2019)

 

The privacy policy set forth below (the “Privacy Policy”) applies to your use of the Device, Application(s), and any Smart Services accessible through the Device.

 

We will provide you with an opportunity to give your consent to the terms of this Privacy Policy and the Google Privacy Policy as part of the Device set up process, and subsequently to the privacy policies of any third-party providers whose services you chose to receive.  By using the Device, Application(s) and/or the Smart Services, you agree to accept the terms and conditions of this Privacy Policy, and you consent to our use and disclosure of information that is collected by us or submitted by us as described in this Privacy Policy. In addition, by using the Device, Operating System, Application(s) and/or the Smart Services, you agree to accept the terms and conditions of the Google Privacy Policy as well as the terms of any third-party providers’ privacy policies whose services you chose to receive, and you consent to Google’s and such third-party providers use and disclosure of information that is collected, or submitted, by Google as described in the Google Privacy Policy, and such third-party providers’ respective privacy policies.

 

Introduction

 

We are committed to protecting the privacy of all users of the Device.  The purpose of this Privacy Policy is to inform you about the types of information we gather about you when you access or submit information through the Device, how we may use that information, and how we share it with third parties.

 

This Privacy Policy applies to information about you that is collected by us as set forth herein, including Hisense Electric Co., Ltd., its affiliates, subsidiaries and/or parents (“Hisense", “we” or “us” or “our” or “ours”). 

 

This Privacy Policy does not apply to information that you provide directly to, or is collected by, third parties (such as Amazon or Google) whose Voice Services (as defined in Section 2 below) or Smart Services you access via the Device, each of which are controlled by such third parties and whose use may be governed by a separate privacy policy and/or terms of use.  This Privacy Policy may reference certain services being provided by third-parties through the Device; you are subject to, and should review, the applicable privacy policy and/or terms of use of any third-party service providers whose services you access via the Device.

 

1.     IMPORTANT DEFINITIONS

 

Application(s)” means an embedded, downloadable and/or executable software application owned by us or a third party, and made available on the Device.

 

Content” means all audio and visual elements and ideas offered by us or third parties, including but not limited to data, movies, videos, photographs, software, games, designs, likenesses, artwork, images, music, sound, information and other materials, tangible and intangible, including derivative works, on all media and formats, existing or in future.

 

Device” means this Hisense Smart TV.

 

Materials” collectively means any Content, Submitted Content (where applicable and as further defined herein), messaging, blogging, chatting, social networking, information, advertising and/or internet links, etc., accessible or delivered through the Device.

 

“Operating System” means Android? operating system platform for this Device.  Android is a trademark of Google LLC.

 

Smart Services” means the access, procurement, disposal, sale, purchase, subscription, lease, rental, consultation or other use of Materials, and all other types of services or functions typically available from the Internet, offered by us or by third parties, through Application(s) in your Device.

 

“Submitted Content” means any Content submitted, uploaded or posted by you, on behalf of you, or by other users, on or through your Device or the Smart Services.

 

2.     INFORMATION WE COLLECT AND HOW WE COLLECT IT

 

·      Personal Information.  In connection with your use of the Device, we may collect various categories of information about you, some of which can be used, either by itself or in combination with other information, to identify or contact you directly, including your name, e-mail address, mailing address, and home or work telephone number (referred to in this Privacy Policy as “Personal Information”).  We may collect Personal Information that you provide to us at various locations, including upon account creation, in registration forms, in surveys or polls, and when you contact our customer service department in connection with the Device or the Smart Services.  The Personal Information you provide to us directly through the Device or Smart Services, or that we receive through the Voice Services or Operating System, will be collected and retained in accordance with this Privacy Policy.

 

·      Non-Personal Information.  When you use the Device, we may also collect certain information that, by itself or in combination with other such information, cannot be used to identify or contact you personally, such as demographic information (i.e., your age, gender, education level, profession, zip code, country, etc.) (“Non-Personal Information”).  Non-Personal Information also includes technical information related to your use of the Device, including but not limited to Device performance information, your IP Address, your Device MAC Address, Device usage information, Application usage information, and/or other unidentifiable technical data involving your use of the Device.  Non-Personal Information may also include certain data or information that you provide us through your use of the Operating System, or your use of the Device, such as query terms you enter into the search functions of the Device, page requests, content or programming accessed or viewed, or data about specific services or applications accessed by you, the date and time of your request, etc. If you expressly Opt-In to the ACR service as described in this Privacy Policy, Non-Personal Information will also include SmartTV Viewing Data as defined and discussed in the following sections. If you expressly Opt-In to the Voice Services as described in this Privacy Policy, Non-Personal Information will also include, but not be limited to, Voice Commands and Voice Results, each as defined and discussed in the following sections.

 

·      Automatic Content Recognition and SmartTV Viewing Data.  This Device is shipped with an Automatic Content Recognition service (“ACR”) that is set to "off" by default, meaning that it is disabled and will not collect and use SmartTV Viewing Data (as described in this section) unless and until you expressly Opt-In.  Subject to your express Opt-In, the ACR service included in this Device will continuously analyze audio from any onscreen Content accessed or displayed on this Device at that moment, including Content from any set-top-boxes, media players, gaming consoles, over the air broadcast, or other audiovisual sources connected to the Device.  The ACR service irreversibly encodes the analyzed audio from onscreen Content into hashed digital signatures (“Fingerprints”), which are transferred from the Device to the ACR service for further processing, so as to identify a possible match in a database of known hashed commercial programing and audio signatures.  The ACR service collects the public (WAN) IP Address used by this Device, which identifies the general location where the Device is connected to the Internet.  The ACR service also generates a random number to associate with this Device, called a “SmartTV Identifier”.  The Fingerprints, your IP Address and SmartTV Identifier are referred to collectively as “SmartTV Viewing Data”.  Other than the SmartTV Viewing Data, this process does not collect, store, or transfer Personal Information or audio from the Device.  The ACR service analyzes SmartTV Viewing Data in combination with other data or information from the ACR service, or a third-party service, and produces aggregate, de-identified analytics (including user profiles, statistics, metrics, abstractions and other analyses) that the ACR service uses to automatically adjust the Device’s picture quality settings as well as the audio quality settings based on the genre and type of the then current Content displayed on the Device and to deliver more relevant advertising on the Device and on other devices that share the IP Address of this Device.  Any data or information exchanged between the Device and the ACR service provider(s) in this process is governed by this Privacy Policy and the Privacy Policy of our ACR service provider.  Our current ACR service provider’s privacy policy is available at http://alphonso.tv/privacy/.

 

For more information about ACR and your choices about SmartTV Viewing Data, see Section 6(c) of this Privacy Policy: “YOUR CHOICES AND ARCO RIGHTS”.

 

·      Voice Services and Voice Services Data.  This Device ships with one or more third-party voice enabled services, Google Assistant (“Google Assistant”, provided by Google, Inc. or its affiliates) and/or Amazon Alexa (“Alexa”, provided by Amazon.com, Inc. or its affiliates), collectively referred to herein as the “Voice Services”.  The capture and/or receipt of natural language voice commands (“Voice Commands”) by the Voice Services may be enabled directly through this Device or through other devices (solely by way of example, the Device remote control, a companion application on your mobile phone, third-party Google Assistant or Alexa enabled devices, or otherwise).  All Voice Services in the Device, as shipped by us, are disabled, and remain so unless and until you activate (for Google Assistant) or Opt-In (for Alexa) to the Voice Services.

 

To link Alexa to the Device(s), you will be required to create a new account (or log into a pre-existing account) at http://mytv.hisense.com (“Hisense TV Account”) by entering your email address and a password.  Once you have created a new Hisense TV Account, or have logged into a pre-existing Hisense TV Account, you will be provided with step-by-step instructions to link your Device(s) with your Hisense TV Account and to the Voice Services.

 

The email address and password you submit in conjunction with setting up the Hisense TV Account (“Hisense TV Account Data”), and any TV Nickname you assign during the initial Device set up, is the only data we collect and store.  In addition, your password is stored in a format which we cannot decode or recreate. 

 

To link Google Assistant to the Device, you will be required to pair the Device with a Google Assistant voice enabled remote control.  You can also link the Device to Google Assistant voice enabled third party devices or applications.

 

You will also be required to either create a new account, or log into a pre-existing account, with the Voice Services themselves (“Voice Services Account”).  Your Voice Services Account may also provide us with the email address that you use to log into the Voice Services Account, which email address we store and display on the Device to ensure you know which Voice Services Account is linked to the Device, but which email address we do not store or use otherwise.

 

We also briefly collect (but do not store) the Voice Commands submitted by you to forward to the Voices Services for processing.  The results of this processing by the Voice Services (“Voice Results”) are sent back to the Device for execution of the Voice Commands. Hisense does not store the Voice Results.

 

For the avoidance of doubt, we do not own or control the Voice Services.  For information about how your data is collected, used, shared or processed by, and your rights as related to, these third-party Voice Services, you should review the respective applicable third-party terms of use and privacy policies (available as of the Effective Date of this Privacy Policy) at:

 

Amazon Alexa: https://www.amazon.com/gp/help/customer/display.html?nodeId=201809740

 

Google Assistant: https://support.google.com/assistant#topic=7110546

 

By using the Voice Services on a Device, you agree to accept the terms of use and the privacy policies of the third-party Voices Services (identified above).

 

·      Personal Information of Children Under Age 13.  We are committed to protecting the Personal Information of children, and recognize that parents, guardians, or other adults may purchase the Device for family use, including by minors.  As such, Smart Services accessed through the Device are not intended for use by individuals under the age of 13 and we will not knowingly collect personal information from individuals under such age for any purpose, nor will we accept registration from such individuals.  In some cases, particularly where information is collected electronically, we may not be able to know whether information was collected from children under age 13, and we treat such information as though it were provided by an adult.  If we learn that a child under the age of 13 has provided any Personal Information, we will use commercially reasonable efforts to delete such information.  We encourage parents and legal guardians to participate in all online activities of their children and prevent them from providing any Personal Information to us via the Smart Services.  WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR THE USE, OR MISUSE, OF SUCH FEATURES BY CHILDREN IN VIOLATION OF THIS PRIVACY POLICY.

 

·      Cookies and Other Tracking Technologies.  At times, the Device or Application(s) may use cookies or other technologies (such as browser cookies, flash cookies, and web beacons).  A “cookie” is a small data file that is placed on the Device and stored locally on the Device.  These technologies help us better understand user behavior, tell us about Smart Services that you have viewed or accessed and help us make your experience with the Device or Application(s) more convenient and customized.  Additionally, cookies and other technologies may be used to collect information about your online activities over time and across third-party websites or other services.  We treat information collected by cookies and other technologies as Non-Personal Information.  However, to the extent that IP addresses or similar identifiers are considered Personal Information by local law, we will treat such identifiers as Personal Information as described in this Privacy Policy.  See Section 6(c) of this Privacy Policy: “YOUR CHOICES AND ARCO RIGHTS” for information on how you can disable these tracking technologies.

 

3.     HOW WE USE THE INFORMATION WE COLLECT

 

·      Personal Information.  We will only use, access, store, or process your Personal Information for the purposes for which it may be provided to us.  If we wish to use your Personal Information for any other purpose, we will obtain your express consent to do so.  To the extent that we collect your Personal Information, we use it in connection with the following activities:

 

o   Registering your account on the Device;

 

o   Providing and maintaining services in connection with the Device;

 

o   Administering the Device as well as other Voice Services enabled and compatible devices and/or software applications which are connected to your (same) Voice Services Account (including processing any searches or requests for certain Materials, recommending Materials, providing blogs, open forums, discussion pages or personalized features);

 

o   Internal record keeping; and

 

o   Communicating with you.  If you send us an E-mail with questions or comments, we may use your Personal Information to respond to your questions or comments, and we may save your questions or comments for future reference.  However, aside from our reply to such an e-mail, we will not send you e-mail unless you request a particular service that involves e-mail communications, in which case you consent to being contacted by e-mail, or to receiving from us (either from ourselves or a related company) information about products and services which we believe may be of interest to you.

 

·      SmartTV Viewing Data.  If you choose to Opt-In to the ACR service as described in this Privacy Policy, you hereby authorize us and our authorized ACR service provider(s) to use the SmartTV Viewing Data, either alone or in combination with other data or information from the ACR service or a third-party service, to produce aggregate, de-identified analytics (user profiles, statistics, metrics, abstractions and other analyses) that cannot be used to identify you (“Analytics”).  The Analytics will be used by Hisense, our affiliates, our authorized ACR service provider(s) and select third-party Content providers to automatically adjust the Device’s picture quality settings as well as the audio quality settings based on the genre and type of the then current Content displayed on the Device and to deliver more relevant advertising on the Device and on other devices that share the IP Address of this Device.  Hisense, our affiliates, and our authorized ACR service provider(s) will also use the SmartTV Viewing Data, the Analytics and any related advertising for purposes described in this Privacy Policy to, among other things:  (i) communicate with you; (ii) include, copy, disclose, distribute, transmit and display the SmartTV Viewing Data in communications that you have initiated via the Device; (iii) access, record, collect, copy, store, process, analyze and use the SmartTV Viewing Data to provide services in connection with the Device, and to develop, improve, extend and test these services (and underlying technology platform(s)) and to design, develop and produce analytics); and (iv) disclose, distribute, and transmit the SmartTV Viewing Data and/or Analytics to our third party developers, distributors, advertisers, advertising networks, and others as described in this Privacy Policy and the Privacy Policy of our ACR service provider.

 

·      Voice Services Data: If you chose to activate or Opt-In to the Voice Services, you authorize us to forward your Voice Commands to the Voice Services for processing and/or execution of the Voice Commands or to provide certain requested features.  You also understand that we will use, for Alexa, your Hisense TV Account and your Voice Services Account, and for Google Assistant, your Voice Services Account, to authorize the communication between your Device and the Voice Services.

 

Voice Services will allow you to use Voice Commands to control: (i) either certain basic features in the Device (including turning the Device on or off, changing the volume and searching for Content available through Applications, etc.) (“Basic Voice Services”); or (ii) certain advanced features such as voice activated access and control of (a) certain Applications in the Device, and/or (b) other devices, applications and services connected to the Voice Services such as third-party music services; checking the current weather, news or traffic or creating or updating your to-do list) (“Advanced Voice Services”).

 

When you submit Voice Commands through the Device, or through Voice Services, or through a third-party Voice Services enabled device, or otherwise, your Voice Commands are received by the Voice Services for natural language processing, with the Voice Services returning the natural language interpreted results (“Voice Results”) (including search strings in human readable format) back to the Device.  We then use (but do not store) the Voice Results to provide you with certain features (including solely by way of example, your requested search results related to Materials available through this Device). 

 

·      Non-Personal Information.  We may use Non-Personal Information for our internal purposes, such as to understand aggregate usage patterns, to administer the Device, or to provide you with improved features such as Voice Services.  We reserve the right to use or disclose aggregate and/or Device-specific Non-Personal Information in any way we see fit, including for our and our partners' marketing and advertising purposes (such as ACR services, where applicable) and to other third parties (such as Voice Services providers), and you acknowledge and consent to such.  You acknowledge and accept that you fully consent to our collecting and sharing aggregate and/or Device-specific Non-Personal information with third parties without the need for further approvals or consent.

 

·      Combinations of Information.  We may combine Personal Information and Non-Personal Information collected with other data in order to provide and improve services provided in connection with the Device and the Smart Services.  We may also, from time to time, transfer or merge any Personal Information collected off-line to our online databases or store off-line information in an electronic format.  We may also combine Personal Information we collect online with information available from other sources, including information received from our affiliates, marketing companies, or advertisers.  If we combine any Non-Personal Information with Personal Information, the combined information will be treated as Personal Information under this Privacy Policy for as long as it remains combined.

 

4.     HOW WE SHARE AND DISCLOSE INFORMATION

 

There are times where we may share the information described in this Privacy Policy, and this section describes how we may share such information.

 

·      Personal Information and Non-Personal Information.  We may share Personal Information and Non-Personal Information as follows:

o   With our and our affiliates staff, employees, contractors, agents, to help us provide or improve the services in connection with the Device and/or the Smart Services.

o   With our professional advisors.

o   With third parties and their advisors in connection with a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Hisense’s assets, financing, sale of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence).

o   When required to or are permitted to do so by law or valid legal process.

o   With carefully selected third-parties, including suppliers or commercial partners as necessary to provide a service to us or to perform a function on our behalf in connection with the Device and/or the Smart Services.  For any disclosure of your Personal Information by us to a carefully selected third party or to any third party referred to in this Privacy Policy, we will comply with data protection law by ensuring that there are arrangements in place to ensure that the third party keeps your data secure, does not use your personal information for any purposes other than the purposes we specify and in accordance with the purposes outlined in this Privacy Policy.

o   With other third-parties solely at your direction and with your express consent, and only for the purposes that you request.

 

·      SmartTV Viewing Data.  Only when you expressly Opt-In to the ACR service as described in this Privacy Policy, we may share certain SmartTV Viewing Data with our authorized third parties, including our ACR service provider(s), advertisers and ad servers, and Content providers.  We may share SmartTV Viewing Data with these third parties to use for various purposes, including:

o   Analytics and reporting;

o   Marketing products and services you may be interested in and providing you with interest based advertisements (based on your account profile) on this Device, and across various other devices that share the IP Address of this Device); 

o   To maintain, operate, improve, and provide their services;

o   for recommending Materials on this Device; and

o   To design, develop, improve and extend the quality and scope of the functions provided via the ACR services and technology.

 

·      Voice Services Data.  Only when you expressly Opt-In to, or activate, the Voice Services as described in this Privacy Policy, will we enable the use of your Voice Commands with the Voice Services for the express purposes as provided for below:

o   for Basic Voice Services: natural language processing of Voice Commands, and to return the appropriate Voice Results to the Device; or

o   for Advanced Voice Services: natural language processing of Voice Commands, and to return the appropriate Voice Results to the Device, as well as for accessing and controlling other Voice Services enabled and compatible devices and/or software applications and/or services which are connected to your (same) Voice Services Account;

o   To design, develop, improve and extend the quality and scope of the functions provided to you in this Device via the Voice Services and technology;

 

Voice Services may use your Voice Commands to maintain, operate, improve, and provide their natural language processing services, subject to their respective terms of use, and privacy policies (See Section 6 (c) of this Privacy Policy: “YOUR CHOICES AND ARCO RIGHTS” for information on accessing the Voice Services privacy policies and terms of use).

 

5.     THIRD PARTY MATERIALS, APPLICATIONS AND ADVERTISEMENTS

Third parties who offer Applications or Materials on the Device may collect Personal or Non-Personal Information when you access their Application(s) and Materials on the Device, or their applications through the Device.  We are not responsible for the data collection and privacy practices employed by such third parties or their services, and they may be collecting data about you and may be sharing it with us and/or others.  These third parties and their services may also track you across sites and time, serve you their own advertisements (including interest-based advertisements) and may or may not have their own published privacy policies. 

In addition, when you are on the Device you may be directed to other services that are operated and controlled by third parties that we do not control.  For example, if you browse the Internet and “click” on a link on a website, the link may take you to a different website.  We encourage you to note when you access a new website or application and to review the privacy policies of all third-party locations and exercise caution in connection with them.  We are not responsible for the availability, completeness or accuracy of such third parties’ policies or notices.

6.     YOUR CHOICES REGARDING DATA COLLECTION AND CHANGING PREFERENCS

 

a.     SMART TV VIEWING DATA

 

To enable operation of the ACR service, you must either expressly choose to Opt-In in one of the following ways:

 

·      By giving your consent during the initial setup process of this Device; or

 

·      Turning on the ACR service in the “Settings” menu for this Device, as follows:  Go to the “Home” screen, select “Settings”, select “System”, select “Advanced Settings”, and Opt-In by selecting the icon to turn on “Automatic Content Recognition”.  If you choose to Opt-In, you are providing your consent for the ACR service for the next twenty-four (24) month period, in which case you will not be asked for your consent again until the earlier of the expiration of the above period or your earlier revocation of consent.

 

If you have previously Opted-In but no longer wish to receive the benefits of the ACR service and wish to stop the collection of your SmartTV Viewing Data, you may disable the operation of the ACR service at any time by turning off the ACR service in the “Settings” menu for this device, as follows:  Go to the “Home” screen, select “Settings”, select “System”, select “Advanced Settings”, and Opt-Out by selecting the icon to turn off “Automatic Content Recognition”.

 

You may reset your SmartTV Identifier at any time through this Device.  By resetting the SmartTV Identifier, the link between your current SmartTV Identifier and your current profile will be permanently disconnected.  As a result, interest-based advertisements will no longer be served to your other devices that share an IP Address with this Device.  You may reset your SmartTV Identifier on the Device at any time in the “Settings” menu for this Device, as follows:  Go to the “Home” screen, select “Settings”, select “Support”, and select “Reset Advertising ID”.

 

Note that resetting the SmartTV Identifier does not have the same effect as selecting to Opt-Out of the ACR service and, therefore, does not disable the ACR service.  After resetting the SmartTV Identifier, a new SmartTV Identifier will be established and associated with a newly developed profile for the Device.

 

b.    VOICE SERVICES

 

To enable operation of the Voice Services, you may choose to Opt-In as follows:

 

·      For Amazon Alexa:

o   Turning on the Voice Services in the “Settings” menu for this Device, as follows:  Go to the “Home” screen, select “Settings”, select “Alexa Voice Control”, Opt-In by selecting the icon to turn on “Voice Service Control” button, then select the “Voice Service Setup” button and follow the on-Device prompts, including either creating or logging in into a preexisting Hisense TV Account.  You will then be asked to download the Alexa application on your mobile device (if you don’t have it already installed) (“Alexa App”), then, within the Alexa App, go to the Menu and select “Skills”, search for “Hisense Smart TV” and select it to open the skill detail page, then select the “Enable Skill” option and follow the instructions to connect the Alexa Voice Services Account to the Hisense TV Account.

·      For Google Assistant:

o   During initial Device setup, or

o   By selecting the Google Assistant button on your voice enabled remote control and following the on-Device prompts, or

o   Turn on the Voice Service by accessing the “Settings” menu at the top right of the Device Home screen, and selecting “About.”  Then select “System upgrade”, then “Check for upgrade”, then “Check now.”  Select “Download” if your system needs an upgrade.  Voice Services can then be activated by pressing the microphone on the TV remote control.  You may obtain more information (as of the Effective Date of this Privacy Policy) at:

https://support.google.com/assistant/topic/7540741?hl=en&ref_topic=7172703   

 

You may disable the Voice Services in one of the following ways:

 

·      For Amazon Alexa:

o   If you have previously Opted-In but wish to temporarily stop using or receiving the benefits of the Voice Services, you may temporarily disable the operation of the Voice Services at any time by turning off the Voice Services in the “Settings” menu for this Device, as follows: go to the “Home” screen, select “Settings”, select “Alexa Voice Control”, and select the icon to turn off “Voice Service Control”.

o   If you have previously Opted-In but wish to permanently stop using or receiving the benefits of the Voice Services, you may permanently disable the operation of the Voice Services at any time by resetting your Voice Services on the Device by going to the “Home” screen, select “Settings”, select “Alexa Voice Control”, select “Voice Service Setup”, and then selecting “Reset”.  Note that this does not delete your Hisense TV Account Data, which you may do at any time by contacting us as provided in this Privacy Policy.

·       For Google Assistant:

o   Voice Services are an embedded component and cannot be disabled (other than through resetting the Device to its state as originally shipped by us).  You may decline to Opt-In to the collection and use of Personal Information by the Voice Services during initial setup.  If you have previously exercised your right to Opt-In to the collection of Personal Information, then you can delete your Google Assistant activity by following the instructions provided (as of the Effective Date of this Privacy Policy) at:

https://support.google.com/assistant/answer/7108295?hl=en&ref_topic=7110546   

 

c.     YOUR CHOICES AND ARCO RIGHTS

 

Personal Information

 

We will only retain and use your Personal Information for the purposes for which it was intended, and only for as long as required to provide the Smart Services or as required under contract or applicable laws and regulations.

 

You have the right to access the Personal Information we possess, to correct any inaccuracies, and to remove it when no longer needed for the purposes described in this Privacy Policy or if you identify that it is being used for purposes you have not consented to, and oppose such usage by us, which you must clearly express.

 

If you would like to access, correct, or remove your Personal Information from our databases, please email us at [email protected] or call 1-888-935-8880.

 

If we receive a request to access, correct, or remove your Personal Information, we will make reasonable efforts to do so as soon as reasonably practicable.  If you request removal of your Personal Information, you acknowledge that your Personal Information may continue to exist in a non-erasable form that will be difficult or impossible for us to locate, and for archival file purposes, we reserve the right to retain any information removed from, or changed in our active databases for non-commercial purposes including for dispute resolution, improving the Smart Services, troubleshooting problems, and enforcing the End User Terms and Conditions and this Privacy Policy.  This paragraph does not apply to our collection of Non-Personal Information. We reserve the right to refuse to process data removal requests that are impractical or jeopardize the privacy of others.  The refusal to process personal data removal shall be justified under the applicable legislation.

 

All users of the Device are required to provide true, current, complete and accurate Personal Information when prompted, and we will reject and delete any entry that we believe in good faith to be incorrect, false, falsified, or fraudulent, or inconsistent with or in violation of the Privacy Policy.

 

Cookies

 

If you want to disable cookies or such other technologies, you can clear data stored on the Device or on devices that you are using to access the Device.  If you want to clear cookie data for an Application, you can do so by emptying the cache and storage for that Application.  If you want to clear all cookie data stored on the Device, please go to “Home”, select “Settings”, select “Storage and reset”, select “Factory data reset”, and confirm by selecting “Factory data reset” again.

 

Analytics

We use a third party, Alphonso Inc., to conduct analytics on data we provide to them for use in serving you with targeted advertisements, including interest-based advertisements that target you based on your SmartTV Viewing Data and to automatically adjust the Device’s picture quality settings as well as the audio quality settings based on the genre and type of the then current Content displayed on the Device.  Please consult the privacy policies for our current ACR service provider - Alphonso Inc. (available at http://alphonso.tv/privacy/), or other third parties, such as network advertisers or ad exchanges that we use to serve you advertisements, for more information on how those third parties use, collect and share your data.

 

Voice Services

Amazon Alexa is provided by Amazon.com, Inc. or its affiliates.  Please consult the terms of use and privacy policies for Amazon Alexa (available as of the Effective Date of this Privacy Policy) at:

 

https://www.amazon.com/gp/help/customer/display.html?nodeId=201809740

(information on how Amazon uses, collects and shares your data)

 

Google Assistant is provided by Google Inc. or its affiliates. Please consult the following Google policies (available as of the Effective Date of this Privacy Policy) at :

 

https://www.google.com/policies/terms/

(Google Terms of Service)

 

https://play.google.com/intl/en-us_us/about/play-terms.html

(Google Play Terms of Service)

 

https://www.google.com/intl/en_US/policies/privacy/

(Google Privacy Policy)

 

https://support.google.com/assistant/answer/7108295?hl=en&ref_topic=7110546.

(information about deleting your Google Assistant activity)

 

https://support.google.com/assistant/answer/7126196?hl=en&ref_topic=7110546).

(to control what information is shared with Google Assistant)

 

Interest-Based Advertising

 

Certain companies may participate in the Digital Advertising Alliance ("DAA") AdChoices Program and may display an Advertising Option Icon for interest-based advertisements that links to an opt-out tool which allows you to exercise certain choices regarding targeting.  You can learn more about the DAA AdChoices Program at http://www.youradchoices.com/   and its opt-out program for mobile applications at http://www.aboutads.info/appchoices.  In addition, certain advertising networks and exchanges may participate in the Network Advertising Initiative (“NAI”). NAI has developed a tool that allows consumers to opt out of certain interest-based advertisements delivered by NAI members' ad networks. To learn more about opting out of such targeted advertising or to use the NAI tool, see http://www.networkadvertising.org/choices/.  Please be aware that, even if you are able to opt out of certain kinds of interest-based advertisements, you will continue to receive non-targeted ads.  Further, opting out of one or more NAI or DAA members only means that those selected members should no longer under the DAA / NAI rules deliver certain targeted ads to you.  This will affect this and other services but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks).  Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different Device or web browser(s), or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.  Mobile device opt-outs will not affect browser-based interest-based advertisements even on the same device, and you must opt-out separately for each device.  We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.  However, we support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (http://www.iab.net/media/file/ven-principles-07-01-09.pdf) and expect that ad networks we directly engage to serve you interest-based advertisements will do so as well, though we cannot guaranty their compliance.

 

7.     SECURITY OF THE INFORMATION WE COLLECT

 

We take the security of your Personal Information seriously.  We maintain physical, administrative, and technical safeguards designed to maintain the confidentiality and security of your Personal Information.  Unfortunately, the transmission of information via the Internet is not completely secure.  Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted through use of the Device and the Smart Services.  Any transmission of Personal Information is at your own risk.  We are not responsible for circumvention of any privacy settings or security measures for the Device or the Smart Services.

 

The Personal Information we collect is stored within databases that we control, and we utilize reasonable security measures intended to mitigate the risk of unauthorized access or disclosure of Personal Information, such as firewalls and encryption technology.  We restrict access to Personal Information to our employees, contractors and agents who have a need to know that information in order to operate, develop or improve the Device or the Smart Services.  These individuals are contractually bound by confidentiality obligations and may be subject to discipline for failure to meet these obligations, including termination and/or criminal prosecution.

 

8.     BULLETIN BOARDS AND OTHER PUBLIC AREAS

 

We may offer bulletin boards or other public functions on the Device and/or Smart Services, and any posting by you in these areas is considered public information that is available to other users.  We do not control, and are not responsible for, the actions of other users of the Device and/or Smart Services with respect to any information you post in public areas.  In addition, information that you submit to public areas may be collected and used by others to send you unsolicited messages and for other purposes.  Any posting in bulletin boards and public areas on the Device is governed by the End User Terms and Conditions for the Device or the terms and conditions of the applicable third parties web sites.  Portions of your user profile may also be available to other users, and you should take care to not use Personal Information in your user name or other information that might be publicly available to other users.

 

9.     INTERNATIONAL TRANSFER OF INFORMATION

 

We may transfer and store Personal Information you provide to us in connection with your use of the Device on servers located in countries outside of your jurisdiction.  We may also transfer Personal Information we collect from you to the People's Republic of China or to other countries outside of your jurisdiction to Hisense or to the third parties referred to in this Privacy Policy.  By providing your personal information to us, you consent to us transferring your information outside of your jurisdiction.

 

10.  YOUR CALIFORNIA PRIVACY RIGHTS

 

California Civil Code Section § 1798.83 permits users of the Smart 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 send an email to [email protected], or write to us at the address in the CONTACT US section below.  Please note that we may need additional information to process your request.

 

11.  PRIVACY POLICY VERSIONS AND CHANGES

 

We reserve the right to change this Privacy Policy at any time or for any reason and will post any changes to this Privacy Policy within a reasonable period after they go into effect.  If we make any material changes that have a significant effect on the way we use or disclose your information, we also will announce the changes in a more prominent way, such as on our website, the Device or Smart Services.  This Privacy Policy will remain in full force and effect as long as you are a user of the Device, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.

 

The latest version of the Privacy Policy will always be available at http://www.pbtpyl.live/tv/AndroidVoiceACRPQAQ/privacy.

 

CONTACT US

 

Please direct any additional questions you may have regarding this Privacy Policy to the Customer Service Director at Hisense USA Corporation via phone, email or regular mail to:

 

HISENSE USA Corporation

ATTN: Customer Service Director

7310 McGinnis Ferry Road, Suwanee, GA, 30024

Phone: 1-888-935-8880

Email: [email protected]

 

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