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Personal data protection

Basic concepts used in the Policy:

1.1 User - a person (subject of personal data)

1.2 Application - the official Tuya Smart, Smart Life mobile applications available for download in the AppStore and GooglePlay shops.

1.3 Personal data - any information relating to a directly or indirectly identified or identifiable individual (the subject of personal data);

1.4 Personal Data Operator (Operator) - SIA "AB Smart Solutions", its authorized representatives, specialists, employees of the Operator alone or together with other persons organizing and (or) implementing the processing of personal data, as well as determining the purpose of personal data processing, the composition of personal data to be processed, actions (operations) performed with personal data;

1.5 Consent - consent to the processing of personal data, as well as to the processing of personal data, authorized by the User for distribution to third parties in the form provided in Annex 1 to this Policy;

1.6 Processing of personal data - any action (operation) or set of actions (operations) with personal data performed with or without the use of automation tools. Processing of personal data includes, but is not limited to: collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access) to third parties, including cross-border transfer, anonymization, blocking, deletion, destruction.

General provisions of the Policy

2.1 This Policy is an integral part of the User Agreement and Public Offer (hereinafter - the "Offer"), posted and/or available on the Internet at: https://evismart.com/terms/, as well as other agreements entered into with the User, where explicitly provided for by their terms.

2.2 This Policy is drawn up in accordance with the European Parliament and Council Regulation No 2016/679 on the protection of individuals with regard to the processing of personal data and the free movement of such data (dated 27 April 2016) and applies to all personal data that the Operator may obtain from the User, who is a party under a civil law contract.

2.3 The Operator shall have the right to amend this Policy. Further use of the website after the publication or distribution of a notice of amendment of this Privacy Policy means that you agree with the changes made.

Personal information of Users processed by the Operator

3.1 The provision to SIA "AB Smart Solutions" of any information deemed confidential under applicable law is entirely voluntary. Personal information in this Policy means:

3.1.1 Information provided independently by the User when registering (creating an account) or while using the Application, including the User's personal data:

name, surname;

contact details (telephone number, e-mail address);

photos or videos that allow identifying the person

location data;

history of contacts and interactions with the Operator and its partners;

Other personal data provided by users on their own and at the request of the Operator.

The Operator is entitled to set requirements to the content of the User's personal information which must be provided in order to use the Site, the Application. If certain information is not marked as mandatory by the Operator, the User shall provide or disclose it at his own discretion.

3.1.2 SIA "AB Smart Solutions" protects the data that is automatically transmitted while browsing the pages on which the system statistics script is installed:

IP address;

cookie information;

browser information;

access time;

Referrer (address of previous page).

3.1.3 Other information about the User, the processing of which is stipulated by the terms of use of the Website, the Application.

3.2 The Application shall not verify the accuracy of the personal information provided by the User and has no means to evaluate the User's competence, assuming that the User acts knowingly, voluntarily, in good faith, with due care and takes all necessary efforts to keep such information up to date.

Purposes of processing of Users' personal information

4.1 Personal information of the User shall be processed for the following purposes:

4.1.1 To identify the User within the operation of the Site, the Application;

4.1.2 To provide communication with the User within the framework of information service and to improve the quality of the Application, the convenience of its use for the User, the development of new services and services;

4.1.3 To send notices, requests and information regarding the use of the Application, as well as to process requests, applications, appeals of the User;

4.1.4 Targeting of advertising materials;

4.1.5 Conducting of marketing, statistical and other research on the basis of impersonal data;

4.1.6 Compliance with the requirements of the effective legislation of Latvia.

Terms and Conditions for Processing of Personal Information of Users and Its Transfer to Third Parties

5.1 The User's personal information shall be kept confidential, unless the User voluntarily makes such information available to the public.

5.2 The Application shall be entitled to process personal data and share the User's personal information with third parties in the following cases:

5.2.1 The User has consented to such actions;

5.2.2 The transfer is necessary for the User's use of a particular service, or for the performance of a particular agreement or contract with the User;

5.2.3 The transfer is necessary for the operation and functionality of the Application itself;

5.2.4 The transfer is required by Russian or other applicable law, for example, at the request of a court or other authorized governmental body within the procedure established by law;

5.2.5 The transfer takes place as part of the sale or other transfer of the business (in whole or in part), whereby the transferee assumes all obligations to comply with the terms of this Policy with respect to the Personal Information it receives;

5.2.6 In order to enable the protection of the rights and legitimate interests of the Site, the Application or third parties in cases where the User breaches the User Agreement, this Policy;

5.2.7 As a result of the processing of the User's personal information by depersonalisation, depersonalised statistical data is obtained, which is transferred to a third party to conduct research, perform work or provide services on behalf of the Operator.

Modification and deletion of personal information. Mandatory storage of data. Conditions for the termination of the processing of personal data

6.1 The user may at any time change (update, supplement) the personal data provided, or any part thereof, and withdraw their consent to the processing of personal data provided, by contacting the Operator or by sending an application to the e-mail address info@evismart.com.

6.2 The rights provided for in paragraph. 5.1. of this Policy may be restricted in accordance with legal requirements. For example, such restrictions may include the obligation of the Application to retain information modified or deleted by the User for a period prescribed by law and to transfer such information in accordance with the legally prescribed procedure to a public authority.

6.3 Personal data shall be stored in a form that allows identification of the personal data subject for no longer than the purposes of personal data processing set out in sections 3-4 of this Policy.

6.4 The condition for the termination of personal data processing is the achievement of the personal data processing objectives specified in section 3-4 of this Policy, the expiration of the consent period, withdrawal of consent by the personal data subject to the processing of their personal data, other cases as provided in the terms of this Agreement, the Policy.

6.5 In the absence of the User's application for withdrawal of consent to the processing of personal data, to implement the contracts, agreements concluded by the User, as well as to improve the quality of the Application, the Operator has the right to store log files on the actions performed by the User within the use of the Application within 5 years.

Protection of the User's personal information

7.1 SIA "AB Smart Solutions" shall take necessary and sufficient organizational and technical measures to protect personal information of the User from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other unauthorized actions of third parties.

Changing the Privacy Policy

8.1 The Privacy Policy may be changed unilaterally by the Operator. The date of the last update shall be specified in the current revision. The new version of the Policy shall take effect on the date of its posting, unless otherwise provided by the new version of the Policy. The current version is available at https://evismart.com/privacy/.

Consent to receive promotional emails

9.1 You give your consent to receive promotional mailings, information, advertising messages, including about products and/or services, ongoing promotions, information about personal offers from Evismart.com, which may potentially be of interest, in the following ways, including but not limited to

by means of text messages (SMS) and messenger messages to your phone number;
by e-mailing to your e-mail address; or
via direct contact by phone number;
via push notifications, banners, via other notifications in the mobile app, in the personal account on the website and other communication channels involving direct contact with the customer.

You can manage your mailings in myAlpari on the website.

Contacts and procedures for responding to Users' requests / enquiries regarding personal data

10.1 All suggestions, questions, requests and other communications regarding this Policy and the use of their personal data may be sent by the User: - to e-mail: info@evismart.com - to postal address: Jurkalnes iela 1 k-1, Latvia, Riga, LV-1046, Reg. Nr. LV40203352724.