Privacy Policy for OnePlus Online Store

UNUMPLUS LIMITED, registered address: Black Bull Yard 18a Hatton Wall, Second Floor, London, England, EC1N 8JH (for the UK)

Reflection Investment B.V., registered address: Keizersgracht 482 1017EG, Amsterdam, The Netherlands (for other EU countries)

(herein interchangeably referred to as ‘OnePlus’, ‘we’, or ‘us’), is committed to protecting and respecting your privacy. We may/ will collect, use, disclose, transfer, process, share and store your data, information including personal information (herein collectively referred to as ‘Your Information’) when you access, browse, avail, order, subscribe or use any of our products or services on or through the website and app (herein referred to as the ‘Platform’) and by doing so you unequivocally agree to be bound by this Privacy Policy. Please read carefully and familiarise yourself with our privacy practices before using our Platform, applying for any of our products or services and/ or providing Your Information on or through the Platform or indulging in any of the permitted activities on the Platform.

By using the Platform, you may access, browse and/or apply for services and/ or products (Services) available on the Platform and which may be updated on the Platform from time to time. In this Privacy Policy, we explain about the purposes, methods and scope of our collection and use of Your Information, your rights in and/ or with respect to Your Information and the security measures we take to protect Your Information.

A.Definitions

“Personal Information” refers to any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such natural person;

B.How We Collect and Use Your Information

The information we collect depends on the Services you are using, the environment in which you interact with us, the choices you make and the products and services you view and use. If you choose not to permit us to collect such information we may not be able to provide you with relevant products and/ or respond to your queries or resolve any problems which you encounter.

i. If you wish to place order on our Platform, you need to create an account and log into your account. OnePlus will collect your mobile phone number, email address, password, profile picture, user name etc. Your awards, coupons and other interests are associated with you OnePlus account.

ii. In order to apply for purchase of any product, you may need to provide us with Your Information including but not limited to your name, residential/ shipping address and details, mobile phone number, email address or other contact details.

iii. In case we provide you with a chat function or any other function on the Platform to contact our customer service, we may collect Your Information including but not limited to your account , identity verification details, contact details, chatting history, complaint or query related details, details about the product or services being enquired, etc.

iv. If you upload pictures or write comments on the Platform, we will collect the contents you upload in order to show them on the Platform.

C. How We Use Your Information

a. Your Information will be processed to implement core functionalities for services on the Platform such as user login, product browsing, online reservation, online purchase, service inquiry, advertisement, user comment, user inquiry, logistics, and distribution, as well as to provide you with product information;

b. Pursuant to you placing any order on or through the platform, we will share Your Information and your order information with our partners , such as logistic partners and warehouse vendors, to provide delivery of your purchase to you ;

c. As part of the order fulfilment services, we will obtain your delivery tracking number from the third-party service provider, logistic partners, authorised distributors or our partners, so that we can enable you to track the shipping status of your purchase;

d. We will store, use, process, share, transfer and/ or disclose Your Information and/ or your order information for the purposes of after-sales, tax, and financial-related services in accordance with the applicable laws and regulations.

e. We may use Your Information for sending your promotional and other commercial offers. We may use in-house or third-party tools to send you commercial and promotional offers in which you may be interested. You may unsubscribe from these direct marketing messages by clicking the un-subscription link in the email.

f. To provide customer support, such as to communicate with you about your purchase order, device, services availed or addressing any general queries or complaints which you may have.

g. To process, generate and provide you with notifications, promotions, pre-approved offers and push services and to analyze statistical information about the use of the Platform and services for trying to improve them including with the intent to improve/augment user experience;

h. To comply with activities related to the law and legal processes

D. How We Retain Your Information

The retention period of Your Information we collect is the minimum amount of time required to achieve the purposes of collection stated in this Privacy Policy, unless a longer retention period is required by law. We will delete or anonymize Your Information upon expiry of the retention period as described above.

E. To Whom We Disclose Your Information

We may share, transfer or disclose Your Information to the following:

i. Affiliated Companies: We may share Your Information with our Affiliated Companies which may include any of the group companies of OnePlus or companies and/ or enterprises functioning under the multiple brand names owned and/ or controlled by us.

ii. Our Partners and Vendors: We may be required to share, transfer and/ or disclose Your Information for the purpose of being stored, processed and/ or used with our technical, business, marketing and delivery partners and vendors for the purpose of continued provision of services, account creation and other login requirements, intimation of new offers, releases, updates, including software updates and patches, payments and OTP services, courier services for delivery of your purchase;

iii. Persons Who Acquire Our Assets or Business: If we sell or transfer, wholly or in part, any of our businesses or assets, Your Information may be a part of that sale or transfer but it will remain subject to the promises made in this Privacy Policy (unless, of course, you consent otherwise, thereafter).

iv. Legal and Regulatory Authorities: We may be required to disclose Your Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose Your Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. We may also disclose Your Information (a) to law enforcement officers or others; (b) to comply with a judicial proceeding, court order, or legal process served on us or the Platform; (c) to enforce or apply this Privacy Policy or the Terms and Conditions or our other policies or agreements; (e) for an insolvency proceeding involving all or part of the business or asset to which the information pertains; (f) respond to claims that any information violates the rights of Third Parties; (g) or protect our rights, property, or personal safety, or the general public. You agree and acknowledge that we may not inform you prior to or after disclosures made according to this section.

Notwithstanding anything mentioned hereinabove, we shall not be responsible for the actions or omissions of any third parties with whom Your Information is shared by you nor shall we be responsible and/ or liable for any additional information you may choose to provide directly or indirectly to any of the third parties while applying for or activating their services and products whether directly or indirectly or whether through the Platform or otherwise.

F. How We Protect Your Information

a. We have taken reasonable technical security and organizational measures to protect Your Information which is collected and stored with us. However, it is imperative to appreciate and acknowledge, which you must, that although we take reasonable steps to protect Your Information, no website, Internet network or transmission, computer system or wireless connection is completely secure.

b. We will strictly control the access to Your Information and only allow our employees who need to know Your Information to help us process such information, and personnel of companies authorized to handle the services on our behalf to access Your Information.

c. The security of Your Information is of great importance to us. Therefore, we will continue our efforts to protect Your Information and implement safeguard measures, such as providing encryption for information storage and transmission in an effort to prevent Your Information from unauthorized access, usage or disclosure;

d. In the event of Your Information security incident, we, if and how required and in accordance with the requirements of relevant laws and regulations promptly inform you of the same and the preventive measures to be undertaken to mitigate the damage.

G. Your Rights to Your Information

Below is a list of your, non-exhaustive, legal rights as well as the measures that we take to protect your rights.

Right to be informed: We publish this Privacy Policy to inform you of what we collect and store and how we use, process, share, transfer or disclose Your Information. We are committed to being open and transparent about how we collect, stores, use, process, share, transfer or disclose Your Information within and beyond OnePlus.

Right to access: You may request access to Your Information which is collected and stored by us.

Right to correct: If you find that Your Information stored with us is inaccurate or incomplete you may, on most occasions, have the right to request us to rectify or amend it unless we or any of our partners have acted upon or made to have acted upon such incorrect or incomplete information provided by you. You may have access to rectify or complete Your Information directly on the relevant page of the Platform. However, for that part of Your Information that has not been made available for your modification, you can request correction or supplementation. You undertake to provide us with true, accurate and complete information about yourself and to keep Your Information updated to be true, accurate and complete, at all times, to help us serve you better and that you shall be solely liable for any consequences which ensue as a consequence of you being in breach of this clause including we or any of our partners acting upon Your Information which has been provided by you to us or to any of our partners.

Right to Delete: If you find us collecting or using Your Information in violation of relevant laws, administrative regulations or this Privacy Policy you have the right to ask for deletion of relevant use of Your Information and in such situations you may ask us to delete Your Information submitted by you or make them anonymous. Provided that, in case we and/or our Partners are required to delete any part of Your Information, then we and/ or any of our partners, as the case may be, may no longer be able to provide you with the requested services, in whole or in part. Please also note that there may be circumstances where you ask us to delete Your Information, but we are legally obligated and/ or entitled to retain it.

Right to Withdraw Consent: You can grant or withdraw your authorisations and consents at any time, unless you have already activated services which prohibit the withdrawal of authorisations and consents, like using Your Information for making delivery of your purchased product. Please also note that, if you withdraw your authorization or consent we may no longer be able to provide you with the corresponding services.

If you withdraw your consent we will no longer process Your Information. But your decision to withdraw your consent will not affect the processing of Your Information already done based on your previous consent prior to the withdrawal.

Right to portability: In some circumstances, the right to receive some personal information in a structured, commonly used and machine-readable format and/or request that we transmit this information to a third party where this is technically feasible. Please note that this right only applies to personal information which you have provided to us.

Right to complain: You have the right to file complaints in respect of privacy concerns. Pursuant to receiving complete information and details of your complaint, we will respond within 30 days from the date of receipt of your complaint and try and resolve your complaint.

You have the right to lodge a complaint with the supervisory authority if you think that any of your rights have been infringed by us. You can find out more information about your rights by contacting the supervisory data protection authority located in your jurisdiction. Contact details for all European Union supervisory authorities can be found here: https://edpb.europa.eu/about-edpb/board/members_en.

Please note that due to security reasons we may verify your identity before processing your request pursuant to any of your rights as described above. In principle, we do not charge any fees if your request is reasonable. However, based on the actual situation we may impose a certain fee to cover our costs for repeated requests or requests that extend beyond reasonable limits. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), may be detrimental to the legal rights and interests of others or are very impractical. In addition, we may not be able to respond to your request if the request may severely impair the legitimate rights and interests of yours or those of other individuals and organizations.

H. How We Process Personal Information of Children

a. Our Platform and Services are mainly for adults i.e. for those who are aged 18 years or above. We consider it the responsibility of the parents to monitor their children’s activity. Children (we regard anyone who is under the age of 18 as a child) may not use our services for purchasing products from the Platform without the consent of their parents or guardians. However, if any child uses the Platform, avails any service on it or makes any purchase from it, then we will deem the consent of the Parents or the Guardians, as the case may be, of such child.

I. Third Parties and Their Products and Services

a. The Platform may contain links, products and/ or services to third party websites. You have complete freedom to choose whether or not to visit them. However, if you choose to visit them then you do so subject to adherence with their terms and conditions and privacy policies which you can view at their websites or by contacting them.

b. We have no control over our partner’s privacy and data protection policies. Before you submit Your Information to our partners, please read and understand their privacy policies and terms and conditions as you will be governed by them and your remedies shall lie against such partners and/ or third parties whose websites you visit and/ or whose services and products you apply and/ or activate.

J. How Your Information is Stored and Transferred Globally

Your Information will be stored on AWS EU under the account of OnePlus group.

K. Communications from the Platform

a. Special Offers and Updates: We may send you information on products, services, special deals, newsletters and such other kinds of promotional offers and messages. Out of respect for your privacy, we present you with the option of not receiving these types of communications. You may unsubscribe via the unsubscribe mechanism provided in each such communication.

b. Service Announcements: On certain occasions or as per requirement of any laws, rules or regulations we may be required to send out service-related announcements and communications. These communications would not be deemed as promotional in nature.

c. Customer Service: We may communicate with you on a regular basis to provide requested services and in regard to issues relating to your user account. We may reply via email or phone, based on your requirements and convenience.

L. Contacting Us

If you would like further information on the collection, use, disclosure, transfer or processing of your personal information or complain about our privacy practice, please contact us at eurepresentative@oneplus.com.

M. How This Privacy Policy Is Updated

We may update this Privacy Policy from time to time and you are encouraged to check this Privacy Policy on a regular basis to be aware of the changes made to it. Your continued access or use of the Platform, continued use of the services (whether actively or passively) provided or availed from or through the Platform shall be deemed to be your acceptance of this Privacy Policy and its future versions or amendments.