ONEPLUS – U.S. PRIVACY POLICY

Last Updated: July 26, 2023

OnePlus USA Corp., a Nevada corporation, and our affiliates (hereinafter collectively referred to as “we,” “us,” or “OnePlus”), respect your privacy and are committed to protecting it through our compliance with this OnePlus – U.S. Privacy Policy (“Privacy Policy”). This Privacy Policy describes the types of information we may obtain when you are using our websites, our smartphones, tablets, or wearable devices, our mobile apps, our online services, or any of our other products and services (hereinafter collectively referred to as “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that information. Please read the Privacy Policy carefully and familiarize yourself with our privacy practices before using our Services or providing any such information. By accessing or using our Services, you agree to this Privacy Policy.

In addition to this Privacy Policy, we may provide additional information about our privacy practices that are unique to specific Services where appropriate. You will, in each case, have access to such information.

Click on the links below to learn more:

Information We Collect

Types of Information Processed Locally on Your Device

Cookies and Other Automated Data Collection Technologies

How We Use Your Information

Disclosure of Your Information

Interest-Based Advertising

Your Rights and Choices About How We Use and Disclose Your Information

Protecting Children’s Privacy

How We Protect Your Information

Links to Third-Party Websites, Devices, Apps, and Features

Transfer of Information Between Countries

Changes to Our Privacy Policy

Contact Information

Information We Collect

We use the term “personally identifiable information” to mean information that identifies, or that can reasonably be linked to, an actual natural person (that’s a real, named human being). We use the stand-alone term “information” to include all types of information, including personally identifiable information.

Information You Provide

The information we obtain from you in connection with our Services may include:

· Contact information such as your phone number, street address, email, and first and last name

· Date of birth

· Credit/debit card (including the card number, security code, expiration date, and name associated with the account) or bank account (including your name, account number, and routing number) information (including, when applicable, for PayPal accounts and similar online payment systems)

· Government-issued ID numbers (such as your driver’s license number)

· Codes or identification numbers for gift cards or coupons

· Demographic data such as gender, age, and lifestyle information

· Information stored in or associated with your OnePlus account (including your personal profile, OnePlus user ID, username, or password) or other social media accounts that you use to follow us or interact with us in any way

· Information or content that you post, publish, display, share, or otherwise communicate to others on publicly accessible areas of our websites (including user forums or blogs hosted by us or our business partners)

· Username and password for ancillary, non-OnePlus devices, apps, features, or services utilized in connection with the Services

· Data stored locally on your device, such as pictures, lists of contacts, texts, and calendar entries, when you use a Service or feature that necessitates collection

· Recordings of your voice in connection with Services that utilize voice recognition and conversations that are recorded when you contact customer support (but excluding biometric data such as voiceprints)

· Emails, text messages, transcripts of chat sessions, and other communications when you communicate with us (e.g., customer service)

· Location information such as (1) information about nearby Wi-Fi access points and cell towers, and (2) your precise location (if you consent to the collection of this data)

· Information about Services you purchase or consider

· Survey responses

· Information provided in connection with prize drawings, rewards programs, and other promotional contests and activities, including interactions with promotional communications (such as subscribing to our newsletters)

Information We Automatically Collect

The information we automatically collect from you in connection with our Services may include:

· The type of device, operating system, or browser you’re using, device settings, and connections to other devices

· Your IP address

· Your interactions with and usage of the Services (including clickstream data, the web pages you visit and other browsing behavior and patterns, search terms, the times and dates of use of the Services, other log information, and the resources, features, and Services that you otherwise access and use, download, or purchase) and the web pages that brought you to the Services

· The URLs of the websites you visited before visiting our site (these are called “referring URLs”) and your use of ancillary, non-OnePlus websites, apps, resources, and features that are utilized in connection with certain Services

· IMEI/DUID (a numeric identifier for your mobile device) or other serial number

· MAC address (another kind of numeric identifier for your mobile device)

· Advertising IDs (including Google Ad ID)

· Mobile network operator and MNC (a code identifying your mobile network operator)

· Subscription information

· App usage information

· Randomized, non-persistent, and resettable device identifiers

· To ensure the camera app functions properly, operational data (such as how many times you use the app and the number of photos taken), information about the photos taken (such as the photosensitivity and number of faces captured), and information about the available space left on your mobile phone

Proof of purchase, order number, shipping receipt, tracking number, OnePlus after-sale number (e.g., for customer support), SKU, and RMA or trade-in number

Information Obtained from Other Sources

We may receive information about you from other sources, including (1) from publicly or commercially available sources (such as your activity on social networks), and (2) from our business partners and other third parties that help us update, expand, and analyze our records, identify new customers, and provide Services that may be of interest to you. We also may obtain other information about you either with your consent or in such manner as we describe at the time of collection.

Some content or applications, including advertisements, you may encounter while using our Services are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you use the Services. The information they collect may include or be associated with your personally identifiable information. We do not control any third parties’ tracking technologies or how they may be used. We provide more information about cookies and other tracking technologies below.

We may permit third-party analytics services, interest-based advertisers, and other relevant third-party service providers to collect and process certain information from our Services (and to use the information, for example, to evaluate use of the Services or help administer the Services). The information may be disclosed to or collected directly by these third parties, and they may collect and combine information, including personally identifiable information, about your online activities over time and across OnePlus and third-party devices, apps, websites, and other online services (hereinafter referred to as “behavioral tracking”). We provide more information about interest-based advertising below.

We may combine any of the foregoing information with other information received from you or relevant to you.

Location Information

Some of our Services may collect information about your location to, for example, allow you to use special mobile features or provide you with helpful information (including notices that may be required by law) based on your location. OnePlus mobile devices provide users with the ability to adjust settings related to location. If you do not want us to collect specific location information, you may modify/disable the location services on your mobile device’s settings. OnePlus has no control over your device’s settings. Adjusting these settings does not completely eliminate the ability of others to develop location information about your device. If you disable location information, the functionalities of the Services that use location information may be impaired.

Types of Information Processed Locally on Your Device

In addition to the categories of information obtained by OnePlus as discussed above, certain information is only collected and processed locally on your device. This information is not transmitted to OnePlus, nor does OnePlus obtain, access, or otherwise process it. OnePlus does not share this information with third parties or use it for any other purpose. Some of this information may be generated on your device automatically when you use certain Services, and some of it will need to be generated independently by you before it can be utilized (e.g., registering biometric data). The processing of this information is done only by you, and thus it is not subject to this Privacy Policy. If you require assistance in connection with this information, we can only provide instructions to assist you (we cannot offer any direct, remote support). Because OnePlus does not have access to this information, we cannot modify or delete it. This information may include:

· Facial and Fingerprint Recognition. These functionalities enable features such as rapid unlocking of your device or verifying your identity in certain Services with your pre-recorded biometric information. To activate these features, you will need to provide multiple, variant samples of the information. This type of information will be encrypted and stored using a unique secret key.

· Photos and Videos. These apps use local image and video recognition algorithms on your device to enable you to organize your photos and videos. Similarly, when you search for a photo or video, the device will locally identify items that match the search terms. If you allow the app to use your location information, the device will record latitude and longitude information for your photo and video files. If you do not want the app to record your location, you can disable this feature at any time in your device’s settings.

This information will remain on your device until you delete it from your device, you reset your device to its factory setting, or (depending on the type of data) you clear the cache in your system settings.

Cookies and Other Automated Data Collection Technologies

We and our third-party service providers may (e.g., through websites, ads, and emails) use cookies and similar tracking technologies (such as web beacons and embedded scripts) to identify users, collect information, and provide users with more efficient, personalized, and enjoyable Services by:

· Improving and enhancing websites and other online Services

· Permitting market research, campaigns, and web analytics

· Tailoring ads, websites, and other online Services to users’ individual preferences

· Storing information about users’ preferences and recognizing users when they return

· Generally helping us track and understand how users use and interact with the Services

The information we collect automatically may include personally identifiable information. Additionally, in the case of aggregate, demographic information or statistical data that is initially gathered about our user base as a whole, or information about individuals that is initially gathered in encrypted format, we may ultimately tie it to or associate it with personally identifiable information we collect in other ways, receive from third parties, or you provide to us. We may also use these technologies for behavioral tracking. We provide information on how you can opt out of behavioral tracking by these technologies below.

Please note: If a user exercises their choice to reject or disable cookies or other automated means of data collection, the user may not be able to take advantage of the full features and functionality of our Services.

Cookies

In general, a cookie is a small file that a website places on a user’s computer to identify it and to maintain its unique information from page to page. Cookies include browser cookies and Flash cookies stored on a user’s hard drive.

• Flash Cookies. Certain features of the Services may use Flash cookies. Flash cookies are cookies that are stored and accessed using Adobe Flash. Flash cookies are ordinarily larger than browser cookies and take up more space on a user’s computer, allowing more information to be stored. Users can manage and control settings concerning Flash cookies on their computer by visiting the Adobe® Flash® Player website at: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.

Flash cookies are not managed by the same browser settings as are used for browser cookies. Adobe's website permits users to delete Flash cookies as well as limit and disable the amount of information a Flash cookie may store on the user’s computer.

To learn more about Flash cookies, visit the Adobe® Flash® Player website at: http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.

• Browser Cookies. Browser cookies typically enable a website to recognize a computer or user each time the user returns to the website. This lets a website remember a user’s preferences or lets a user remain signed into a website or view products that were placed in a shopping cart (i.e., without the user having to re-enter the user’s information). Typically, most web browsers allow users to view, disable, or delete browser cookies, allow users to accept or reject cookies, and alert a user each time a cookie is offered. For more information on how to do this for your browser, click “help” on your browser’s menu or visit www.allaboutcookies.org. You can also find out more information about our use of cookies and similar tracking technologies on OnePlus.com and about managing your choices by visiting Use of Cookies - OnePlus (United States). Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to certain Services.

Please Note: The Services are not designed to respond to “Do Not Track” signals received from browsers.

Web Beacons

Web beacons are bits of code embedded in web pages, ads, images, and emails (also referred to as clear gifs, pixel tags, single-pixel gifs, tracking pixels, or just pixels) that record activities such as how many users visited a certain page, how many users opened a certain email, or whether certain ads on a website and other sites were popular. They help us manage and measure the usability and effectiveness of our communications and Services. By turning off browser cookies, a web beacon ordinarily should not be able to record the user's unique information, even though it will still identify the website visit or other activity.

Embedded Scripts

Embedded scripts are also bits of code that measure how a user interacts with a web page (which links are clicked on, for example). Scripting functionality, such as JavaScript, may be turned off via your web browser.

How We Use Your Information

We may use information that we obtain about you:

• To provide and enhance the Services, such as registering a user or such user’s device for a Service, identifying and authenticating a user so that they may activate, use, and interact with our Services (including any OnePlus device) and ancillary, non-OnePlus services, and improving and customizing the user experience

• To fulfill orders and requests from you for information or Services, provide customer support, provide notifications for software updates, and otherwise communicate with you

• To track and confirm online orders and to process refunds, returns, and exchanges

• To create, maintain, administer, and provide you with notices about your OnePlus account and any other accounts, programs, or subscriptions that you participate in, including expiration and renewal notices

• To allow and manage your participation in prize draws, contests, rewards programs, or similar promotional activities

• To market and advertise the Services, to support our marketing activities and initiatives, and to provide recommendations to our customers

• To otherwise provide ads, which may include targeted (or interest-based) ads delivered on your computer, device, or within certain apps where targeted or interest-based ads are available (if you turn off targeted or interest-based ads, you will receive generic ads); we provide more information about interest-based advertising below

· To operate, audit, and continually improve our Services, including the development of new Services, communicating with our customers, conducting research and analysis (including surveys) of our Services and customer base, aggregating and anonymizing data, performing data analytics, and conducting internal functions such as accounting

• To comply with and enforce applicable legal requirements, contractual obligations (such as any contracts entered into between you and us, including billing and collection), relevant industry standards, and OnePlus’s policies

• To employ and improve our Services’ security and safety features and protect against, prevent, and identify fraud and other illegal activity, legal claims, and other liabilities

• To notify you about changes to any Services we offer or provide or to any of our policies

To fulfill any other purpose for which you provide it, that we specifically describe at the time of collection, or that you specifically consent to

Disclosure of Your Information

We may disclose information that we obtain about you as described in this Privacy Policy:

• To our parent(s), subsidiaries, and affiliates

• To contractors, service providers, and other third parties who perform services for us and who are bound by contract not to use or disclose the information except as necessary to perform services on our behalf or to comply with legal requirements

• To our business partners, such as wireless carriers, as well as third parties who operate apps and services that connect with certain Services, or in connection with co-branded product or service offerings

• To a buyer or other successor in the event of a merger, acquisition, divestiture, restructuring, reorganization, joint venture, dissolution, or other sale or transfer of some or all of OnePlus’s assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which information held by OnePlus about users of our Services is among the assets transferred

• To fulfill the purpose for which you provide it, for any other purpose disclosed by us when you provide the information, or if you ask us to or otherwise with your consent

• To law enforcement, governmental, or regulatory authorities or agencies, or to any other party with legal authority, if required or permitted by law

• To enforce or apply our Website Terms of Use, Terms of Sale, and other agreements, or to exercise our legal claims, including for billing and collection purposes

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of OnePlus, our customers, or others, to protect the security and integrity of the Services, or in connection with an investigation of suspected or actual fraudulent or illegal activity (this includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction)

• To the public by default when our Services allow you to post information in certain spaces accessible to other users such as a forum or a blog (such content may be accessible to the general public or only to members of the Service depending on the Service used)

To third parties to market their products or services to you if (1) you have not opted out of these disclosures, and (2) they are contractually required by us to keep such information confidential and use it only for the purposes for which we disclose it to them (we provide more information below regarding your rights and choices about how we use and disclose your information)

• To our parent(s), subsidiaries, and affiliates

• To fulfill the purpose for which you provide it, for any other purpose disclosed by us when you provide the information, or if you ask us to or otherwise with your consent

• To law enforcement authorities, government or public agencies or officials, regulators, and/or any other person or entity with appropriate legal authority or justification for receipt of such information, if required or permitted to do so by any court order, law, or other legal process

• To enforce or apply our Website Terms of Use, Terms of Sale, and other agreements, or to exercise our legal claims, including for billing and collection purposes

• To third parties to market their products or services to you if (1) you have not opted out of these disclosures, and (2) they are contractually required by us to keep such information confidential and use it only for the purposes for which we disclose it to them (we provide more information below regarding your rights and choices about how we use and disclose your information)

Interest-Based Advertising

Through certain Services, both we and various third parties may collect information about your online activities (on our website as well as on other sites) to provide you with advertising about products and services (on OnePlus and third-party devices, websites, and applications) that is tailored to your individual interests. We may also share your browsing history and other information with third parties to provide relevant ads, such as: device-related data (including device identifiers and settings, type of device, IP addresses, Advertising IDs, mobile carrier information, installed apps, device usage and log information, cookies and other information associated with your browsing) and individual preferences, interests, and demographic characteristics (including insights and inferences related to shopping patterns and behaviors). These third parties include parent(s), subsidiaries, affiliates, service providers and business partners. Allowing third parties to access this type of information helps us improve the Services’ performance and appeal and helps provide more customized advertising and marketing for our customers. We may also obtain such information from trusted third-party data sources. This practice is commonly referred to as “interest-based advertising.”

Because OnePlus may participate in certain advertising networks, you may also see OnePlus ads on certain non-OnePlus websites or mobile apps. This allows us to reach more users based on their demographic data, inferred interests, and browsing. Such ad networks track users’ online activities over time through automated means, including browser cookies, web beacons, device identifiers, and other tracking technologies. These networks utilize such data to tailor ads to individuals’ interests, to track users’ browsing behavior across multiple websites and apps, and to profile users’ online activities. This data includes browsing and usage by such users of websites and apps that participate in these ad networks (such as the pages or ads viewed and other actions taken by users on such websites or apps). This data collection may take place both on certain Services and on non-OnePlus websites and apps that participate in such ad networks. This process helps us to effectively market the Services.

We may use behavioral tracking to provide you with ads that are tailored to your individual interest. If you would like to opt out of interest-based ads, here are some steps you can take:

· Some websites and applications offer their own opt-out methods. Please refer to the website or application that you are visiting for additional information. Mobile devices also offer their own methods for opting in or out of interest-based advertising. Please refer to your device settings and instructions for additional information.

· You can opt out of interest-based advertising from advertisers that are part of the Network Advertising Initiative (“NAI”) at:
http://www.networkadvertising.org/choices/.

· You can opt out of interest-based advertising from advertisers who follow the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Principles for Online Behavioral Advertising at:
http://www.aboutads.info/choices.

We do not control the independent collection or use of your information by unrelated third parties to serve interest-based advertising. You do, however, have additional options to stop the “sale” (as such term is used in our OnePlus – State Privacy Rights Policy) or certain sharing for “cross-context behavioral advertising” (as such term is used in our OnePlus – State Privacy Rights Policy) purposes of your information by OnePlus. We provide more information below regarding your rights and choices about how we use and disclose your information.

Your Rights and Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the information we obtain about you. We have created mechanisms to provide you with the following control over your information:

• Subject to applicable law and to the extent applicable to each Service, you may (1) request access to, or correction or deletion of, the information we maintain about you; (2) request, if applicable, that we limit our use and disclosure of your “sensitive personal information” (as such term is used in our OnePlus – State Privacy Rights Policy); or (3) opt out of the (a) “sale” (as such term is used in our OnePlus – State Privacy Rights Policy) of your personal information, or (b) certain sharing of your personal information for “cross-context behavioral advertising” (as such term is used in our OnePlus – State Privacy Rights Policy) purposes.

• How to Submit a Request. To submit an access, correction, or deletion request, email us at privacy.na@oneplus.com. To opt out of the (a) sale of your personal information, or (b) sharing of your personal information for cross-context behavioral advertising purposes, email us at privacy.na@oneplus.com.

To submit a request on an individual’s behalf as their authorized agent, please email us at privacy.na@oneplus.com.

• In addition to this Privacy Policy, we may offer choices related to the collection, deletion, and sharing of certain information that are unique to specific Services (including, without limitation, certain promotional and marketing offers, activities, and communications for our own and third parties’ products and services). You can access the relevant settings and rules of each such Service to learn about any opt-out choices that may be available specifically for that Service. If you elect to exercise such an opt-out right with respect to a Service, you may not be able to enjoy full use of all of its features.

State Privacy Rights. For more information about your state privacy rights and choices, please see our OnePlus – State Privacy Rights Policy.

Protecting Children’s Privacy

Our Services are not intended for children under 13 years of age. Unless we have parental consent, we do not knowingly solicit or collect information from anyone under the age of 13. If it comes to our attention that we have collected personal information from anyone under the age of 13 without parental consent, we will promptly delete that information. If you believe anyone under the age of 13 has provided us with personal information without parental consent, please contact us as specified below in the “Contact Information” section hereof. California residents under 16 years of age may have additional rights regarding the collection and “sale” (as such term is used in our OnePlus – State Privacy Rights Policy) of their information. Please see our OnePlus – State Privacy Rights Policy for more information.

How We Protect Your Information

We use a variety of security measures designed, in accordance with industry standards, to protect your information from accidental loss and from unauthorized access, use, alteration, and disclosure. Where appropriate, we will deidentify or otherwise anonymize your personally identifiable information, encrypt your information (such as by using SSL technology), or take other protective measures using a risk-based approach. However, although we do our best to protect your information, we cannot guarantee the security of information transmitted to us. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Services. You also can do your part to help protect the information you provide to us. Where we have given you (or where you have chosen) a password for access to certain Services, you are responsible for keeping this password confidential. Use that password only for our Services and do not share it with anyone. We urge you to be careful about posting or giving out information in publicly accessible areas of the Services like message boards. The information you share in public areas may be viewed by any user of the relevant Service. If you later delete such information, copies of it may remain viewable in cached and archived pages, or might have been copied or stored by other users. Proper access to and use of OnePlus.com is governed by our Website Terms of Use.

Links to Third-Party Websites, Devices, Apps, and Features

The Services may provide the ability to connect to non-OnePlus websites, devices, apps, and other features. Such websites, devices, apps, and other features may operate independently from us and may have their own privacy notices or policies which, we strongly suggest, you should review. Our Services may include ways to interact and share using social media. Your interactions with these features are governed by the privacy policy of the social media company providing the feature. To the extent any such websites, devices, apps, or other features are not owned or controlled by us, we are not responsible for their content, use, or privacy practices. Conversely, such third parties are not bound by this Privacy Policy.

Transfer of Information Between Countries

OnePlus Services connect you to the world. To make that possible, your information may be transferred to or accessed by entities around the world, including OnePlus-affiliated companies, to perform processing activities such as those described in this Privacy Policy in connection with your use of our Services. In such cases, we will comply with all laws governing the transfer of information between countries and will take measures to ensure that your information is adequately protected and is processed in accordance with this Privacy Policy.

Changes to Our Privacy Policy

We may update this Privacy Policy from time to time and without prior notice to you to reflect changes in our information practices with respect to the Services. This Privacy Policy was most recently updated on the date indicated at the top hereof. You are responsible for periodically visiting our website and this Privacy Policy to check for any changes. Your continued use of the Services after we make changes is deemed to be acceptance of those changes. We will, if required by applicable law, notify you of material changes to this Privacy Policy by email to the primary email address specified in your account and/or through a notice on our website’s homepage, as appropriate. You are responsible for ensuring we have an up-to-date and deliverable email address for you.

Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:

Email

privacy.na@oneplus.com

Address

OnePlus USA Corp.

Attn: Customer Care/Privacy

2479 E Bayshore Rd STE 120

Palo Alto, CA 94303