Privacy Policy

At TCL Communication Limited (“TCT“) and JRD Communication (Shenzhen) Limited (“JRD“) (together, “we“, “us“, “our“), we regularly collect and use information that could identify an individual (“personal information“), in particular about your purchase or use of our products, services, mobile and software applications and websites (“you“, “your“). The protection of your personal information is very important to us, and we understand our responsibilities to handle your personal information with care, to keep it secure and to comply with legal requirements.

The purpose of this privacy policy is to provide a clear explanation of when, why and how we collect and use personal information (“Policy“).   

Please read this Policy carefully.

We may make changes to this Policy from time to time for example, to keep it up to date or to comply with legal requirements or changes in the way we operate our business. We will notify you by sending a message to your mobile phone or by prominently posting a notice on our website: https://blackberrymobile.com/cn/privacy-policy/ in case of material changes and seek your consent to these changes, where required by applicable law. We encourage you to regularly check and review this policy so that you will always know what information we collect, how we use it, and who we share it with.

This Privacy Policy was updated on 6 August 2018.

Who is responsible for looking after your personal information?

TCL Communication Limited is a Hong Kong based telecommunication company focusing on global scale smart product manufacture and internet application services, with a registered office at 5/F Building 22E Science Park East Avenue Hong Kong.

JRD Communication (Shenzhen) Limited is a China based telecommunication company focusing on developing and providing smart products and relevant technical services, with a registered office at Block F4, 8th Floor, TCL Communication Technology Building, TCL International E. City, 1001 Zhong Shan Yuan Road, Nanshan District, Shenzhen, Guangdong, P.R. China.

As TCT and JRD are the companies which were originally responsible for collecting information about you, we will be the data controllers. You should be aware that although TCT and JRD may be principally responsible for looking after your personal information, information may be held in databases which can be accessed by other TCT group companies.

What personal information do we collect?

With your consent, personal information (including sensitive personal information, where applicable) we collect include:

  • Contact and payment details and basis user information including your name, address, telephone number, credit card number, email address, gender, date of birth;
  • Sensitive personal information including your mobile phone number, biometrics data, health data when you use certain applications;
  • Other information about you including your occupation, language, location of your device, and time zone;
  • Your marketing preferences including interests / marketing list assignments, record of permissions or marketing objections, website data;
  • Device data and log information including unique device identifiers (such as IMEI number, IMSI Number, Mac, the address of the device’s wireless network interface, or mobile phone number used by the device), referrer URL, IP addresses and details about your use of our website, cloud services, app store, browsing history, search queries, browser type, and session frequency;
  • Cookies and tracking technologies we may use technologies cookies and web beacons – please see our separate Cookie Policy at www.alcatelmobile.com for further details on cookies.

You are under no statutory obligation to provide your personal information to us. However, if you decide not to provide us with your Personal Information, we may be unable to continue to provide certain services to you.

When do we collect your personal information?

  • We will collect information from you directly when you use your device, when you upgrade your device, when you register an account on your device, on our app store or on our website, when you sign up for marketing materials, when you purchase or use our products and services, or where you contact us with questions, complaints or suggestions or provide us with any feedback.

    We may collect information about you indirectly from other sources and combine that with information we collect through our services where this is necessary to help manage our relationship with you. These other sources may include third party software applications and social media platforms such as Facebook, Google + and Twitter.

    We will not knowingly collect any personal information about children under 14 without making it clear that such information should only be provided with parental consent, if this is required by applicable laws. We will only use the personal information of children as far as is permitted by law where the required parental or guardian consent has been obtained.

What purposes do we use your personal information for?

With your consent, we will use your personal information (including sensitive personal information, where applicable)

  • To keep you posted on software updates, technical updates, security alerts and support and administrative messages;
  • To allow you to download and purchase our products and services such as our apps and related websites;
  • To help us create, provide, develop, operate, deliver, maintain and improve our products, services, content, advertising and continually improve your user experience;
  • To assess customer satisfaction and link or combine with information we get from others to help understand your needs and provide you with better user experience;
  • To process transactions and send you related information, including confirmations and invoices;
  • To respond to your comments, feedback, inquiries, questions, provide customer service and support and fulfil your requests;
  • To verify identity, assist with identification of users, and to determine appropriate services;
  • To communicate with you and send you important notices or personalised messages, such as communications about purchases and changes to our terms, conditions, and policies;
  • To monitor, evaluate and analyse trends, data, transactions, usage and activities in connection with our products and services;
  • To facilitate internal purposes such as auditing, data analysis, and research to improve our products, services, user experience and customer communications;
  • To send you marketing materials, news and information which we think will be of interest to you such as our latest product announcements and upcoming events (where we have obtained your consent, or otherwise permitted by law to do so), this process may include profiling; and
  • To detect, investigate and prevent fraudulent transactions and other illegal activities and protect our rights and property;
  • To use your personal information for purposes associated with our legal and regulatory obligations.

We will, where required by applicable laws and regulations, obtain consent from you if we wish to use your personal information for purposes other than those stated in this Policy.

Who do we share your personal information with?

We may share your personal information (including sensitive personal information, where applicable) with other TCT group companies in or outside of the People’s Republic of China (excluding for the avoidance of doubt, Hong Kong SAR, Macau SAR and Taiwan). A list of the TCT group companies is available at https:// www.alcatelmobile.com. We may also share your data with third parties, to help manage our business and deliver services. These third parties may from time to time need to have access to your personal information. These third parties may include:

  • Service providers, who perform functions such as fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data (such as Google Firebase, Microsoft Power BI, Facebook), providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, providing translation services (such as Baidu) and providing customer services. If you share your data through one of our websites or devices with a third party account such as Facebook, Google + or Twitter, your personal information will be managed respectively by one of those third parties. Please review the third party’s privacy policy, as their data processing will not be covered by this Policy;
  • Our regulators, for example the relevant Chinese authorities and enforcement agencies, the Information Commissioner’s Office in the United Kingdom (“ICO”), as well as other regulators and law enforcement agencies in the E.U. and around the world;
  • Other third parties, for the purposes of detecting, preventing or otherwise addressing fraud, security or technical issues, protecting against harm to the rights, property or safety of our users or the public;
  • Solicitors and other professional services firms (including our auditors);
  • Relevant third party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganisation, dissolution or liquidation).

If we share your data with third parties, or engage a third party to process your personal information, we will put in place contractual commitments as required by the applicable laws.

Direct Marketing

We may use your personal information to send you direct marketing communications about our products and services or our related services including our latest product announcements and upcoming events. This may be in the form of email, post, SMS, telephone or targeted online advertisements. We limit direct marketing to a reasonable and proportionate level, and to send you communications which we think will be interesting and relevant to you, based on the information we have about you. 

You have a right to stop receiving direct marketing at any time. You can do this by following the opt-out links in electronic communications (such as emails), or by contacting us using the details in Section 12.

We also use your personal information for customising or personalising ads, offers and content made available to you based on your usage of our mobile applications, websites, platforms or services, and analysing the performance of those ads, offers and content, as well as your interaction with them. We may also recommend content to you based on information we have collected about you and your viewing habits. This constitutes ‘profiling’ in respect of which more information is provided at Section 8 of this Policy.

International Transfers

We may transfer your personal information (and sensitive personal information, where applicable) to TCT group companies or service providers that are located outside of the People’s Republic of China (excluding for the avoidance of doubt, Hong Kong SAR, Macau SAR and Taiwan). We may also share your personal information (and sensitive personal information, where applicable) overseas, for example if we receive a legal or regulatory request from a foreign law enforcement body. We will take steps to ensure that any international transfer of information is carefully managed to protect your rights and interests:

  • we will only transfer your personal information to other countries, on the basis that it is permitted by applicable laws and regulations that we are satisfied that adequate levels of  protection are in place to protect the integrity and security of your personal information or adequate security measures are adopted and compliance with applicable data protection laws and regulations; and
  • transfers to TCT group companies, service providers and other third parties will be protected by contractual commitments for additional security. For example, the EU – US Privacy Shield for the protection of personal information transferred to the US.

Profiling

‘Automated decision making‘ refers to a decision which is taken though the automated processing of your personal information alone. This means processing using, for example, software code or an algorithm, which does not involve any human intervention. As profiling uses automated processing, it is sometimes connected with automated decision making. Not all profiling results in automated decision making, but it can do.

If you are a consumer that has signed up to receive marketing updates, with your consent, we may use profiling to ensure that marketing materials are tailored to your preferences and to what we think you will be interested in.  This does not have any significant effect, or a legal effect on you. In certain circumstances it may be possible to infer certain information about you from the result of profiling, which may include your sensitive personal information.

How long do we keep your personal information?

We will retain your personal information for as long as is reasonably necessary for the purposes listed in Section 4 of this Policy. In some circumstances we may retain your personal information for longer periods of time, for example where we are required to do so to meet legal, regulatory, tax or accounting requirements.

In specific circumstances we may also retain your personal information for longer periods of time so that we have an accurate record of your dealings with us in the event of any complaints or challenges, or if we reasonably believe there is a possibility of legal action relating to your personal information or dealings.

What are your rights?

You have a number of rights in relation to your personal information. In summary, you may request access or copy to your data, rectification or correction of any mistakes in our files, deletion of personal information under certain circumstances, data portability and various information in relation to any automated decision making and profiling or the basis for international transfers. You may also withdraw consent, change the scope of your consent, and de-register or close your accounts. You may lodge a complaint with us or complain to a supervisory authority (further details of which are set out in Section 12 below).   

To exercise your rights you may contact us as set out in Section 12. PLEASE NOTE the following if you do wish to exercise these rights:

  • Identity. We take the confidentiality of all records containing personal information seriously, and reserve the right to ask you for proof of your identity if you make a request.
  • Fees. We will not ask for a fee to exercise any of your rights in relation to your personal information, unless your request for access to information is unfounded, repetitive or excessive, in which case we will charge a reasonable amount in the circumstances. We will let you know of any charges before completing your request.
  • Timescales. We aim to respond to any valid requests within one month unless it is particularly complicated or you have made several requests, in which case we aim to respond within three months. We will let you know if we are going to take longer than one month. We might ask you if you can help by telling us what exactly you want to receive or are concerned about. This will help us to action your request more quickly.
  • Exemptions. Local laws may provide additional exemptions, e.g. in China, we have a right to reject your request for deletion of personal information under certain situations.
  • Third Party Rights. We do not have to comply with a request where it would adversely affect the rights and freedoms of other Data Subjects.

How we protect your personal information?

We endeavour to protect us and you from unauthorised access to or unauthorised alteration, disclosure or destruction of personal information that we hold.

In particular:

  • We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems;
  • We use encryption where appropriate;
  • We use password protection where appropriate; and
  • We restrict access to personal information to our employees, contractors and agents who need access to the relevant personal information in order to for them to process it for us and who are subject to strict contractual confidentiality obligations.

You are responsible for the personal information that you choose to share, disclose or submit voluntarily while using our website or devices and which can be viewed by members of third party applications or sites such as chat applications or messengers.

Contact and complaints

The primary point of contact for all issues arising from this Policy, including requests to exercise data subject rights, is our data protection officer. In order for us to facilitate your enquiries, requests or complaint, please contact our data protection officer:

(i) privacy.ecurope@tcl.com (for customers located in Europe); privacy.na@tcl.com (for customers located in the United States); or

(ii) privacy@tcl.com (for customers located in China or any other countries.

If you have a complaint or concern about how we use your personal information, please contact us in the first instance and we will attempt to resolve the issue as soon as possible. You also have a right to lodge a complaint with the relevant data protection supervisory authority at any time. We do ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.