Last updated: August 31, 2023
This U.S. State Privacy Notice (the “Notice”) supplements the OnePlus Global Privacy Notice and only applies to residents of California, Nevada, Colorado, Connecticut, Virginia, and Utah. This Notice provides additional details regarding the personal information in order to meet our disclosure requirements pursuant to these state laws.
Unless otherwise expressly stated, all terms in this Notice have the same meaning as defined in the OnePlus Global Privacy Notice or as otherwise defined in relevant state law.
1. What Types of Personal Information We Collect and How Your Personal Information is Processed
(1) Our Collection and Use of Personal Information
We may have collected the following categories of personal information in the past 12 months. To learn more about the types of personal information we collect and the purposes for which we use this information, please refer to the OnePlus Global Privacy Notice.
· Identifiers, which may include name, postal address, online identifier, Internet Protocol address, email address or account name
· Personal information described in Cal. Civ. Code§1798.80(e), which may include name, address, telephone number, bank account number, credit card number, debit card number, or any other financial information
· Commercial information, which may include records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
· Biometric information, which may include face or fingerprints. This information is solely stored on consumers’ devices and OnePlus is not directly collecting biometric information
· Audio, visual, or similar information
· Internet or other similar network activity, which may include browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement
· Geolocation data, which may include physical location or movements
· Inferences drawn from other personal information, which may include a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
In limited circumstances, we may have collected the following categories of sensitive personal information in the last 12 months:
· Account log-in and password
· Payment card number in combination with any required security or access code or credentials allowing access to an account
· Precise geolocation
· Biometric information for the purpose of unique identification, which may include face or fingerprints. This information is solely stored on consumers’ devices and OnePlus is not directly collecting biometric information
Please note that categories of personal information we collect about you will depend on the specific OnePlus products, services and features you use.
(2) Personal Information Sources
Our sources for collecting the above categories of personal information in the past 12 months may include the following. Please see the OnePlus Global Privacy Notice for more information about the sources of personal information we collect.
· Directly from you
· Indirectly from you or your devices (for example, information that we automatically or passively collect through your interaction with the Services)
· Service providers, contractors, business partners, and other third parties (for example, retailers, data analytics providers, vendors who provide services on our behalf, social media networks, internet service providers, and online advertising networks and services)
(3) Retention of Personal Information
We will only store your personal information for as long as necessary to achieve the processing purposes set out in the OnePlus Global Privacy Notice, unless a longer retention period is required by law, regulation or our contractual requirements.
To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use and disclosure of your personal information, the purposes for which we process the personal information and the applicable legal requirements.
(4) Disclosure of Personal Information for Business Purposes
As described in the OnePlus Global Privacy Notice, we may share your personal information with third parties for business purposes. The categories of third parties to whom we sell or disclose your personal information for a business purpose may include: (i) other brands and affiliates in our family of companies; (ii) our service providers and advisors; (iii) marketing and strategic partners; (iv) analytics providers; and (v) social networks.
In the previous 12 months, unless otherwise stated, we have disclosed all the categories of personal information we collect, explained in the Collection and Use of Personal Information section of this Notice, to third parties for a business purpose.
(5) Sales or Sharing of Personal Information
We do not sell or share personal information for monetary consideration. However, under California and other applicable U.S. state laws, use of cookies or similar tracking technologies for targeted advertising may be construed as a “sale” or “sharing” of personal information. Because our advertising partners may use such tracking technologies to perform advertising-related services in order to provide you targeted advertisements, we may have sold or shared the following categories of personal information to third parties so as to display advertisements on our websites and apps or to manage our advertisements on other sites:
· Identifiers
· Internet or other electronic network activity information
The categories of third parties to whom we may sell or share the personal information include: Business and marketing partners, online advertising networks and analytics providers, social networks.
We do not sell or share the personal information of consumers if we have actual knowledge that the consumers are under the age of 16, unless we receive affirmative authorization from either the consumer who is between 13 and 15 years old, or the parent or guardian of a consumer less than 13 years old.
2. Your Privacy Rights
You may have the following consumer privacy rights. Please note that these rights are not absolute and are subject to conditions or limitations:
(1) Right to access and portability. You have the right to know and access information about the categories and specific pieces of personal information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share the personal information we have collected. Where technically feasible, we will provide you with such personal data in a structured, commonly used, and machine-readable format that allows you to transmit the data to another entity.
(2) Right to request. You have the right to request the information regarding our disclosure of personal information to third parties for business purposes.
(3) Right to correct. You have the right to correct inaccurate personal information that we may maintain about you.
(4) Right to delete. You have the right to request the deletion of your personal information, subject to certain exceptions.
(5) Right to opt out. You have the right to opt out of the sale or share of your personal information to third parties.
(6) Right to Limit the Use of Sensitive Personal Information. OnePlus does not use or collect sensitive personal information where such use or collection is for the purpose of inferring characteristics about a consumer, so the right to limit the use of sensitive personal information is not applicable.
(7) Right to be free from discrimination. You have the right to not be discriminated against for exercising any of the rights mentioned above.
To Exercise Your Right to Access and Portability, Right to Know, Right to Deletion, or Right to Correction
Please submit a request by either:
- Emailing us at privacy.na@oneplus.com
- Calling +1 (833) 777-3633.
Before processing your request, we will need to verify your identity and confirm you are a resident of the State of California, Nevada, Colorado, Connecticut, Virginia, and Utah. In order to verify your identity, we will generally either require the successful authentication of your account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. This process may require us to request additional personal information from you, including, but not limited to, your email address, phone number, and/or date of last transaction on our Services.
In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.
To Exercise Your Right to Opt Out of Personal Information Sales or Sharing for Targeted Advertising
Unless you have exercised your Right to Opt-Out, we may “sell” or “share” your personal information to third parties for targeted advertising purposes.
You do not need to create an account with us to exercise your Right to Opt-Out. However, we may ask you to provide additional personal information so that we can properly identify you to track compliance with your opt-out request. We will only use personal information provided in an opt-out request to review and comply with the request. If you choose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems.
As is common practice among companies that operate online, we permit third party advertising networks, social media companies and other third party businesses to collect your personal information directly from your browser or device through cookies or tracking technologies when you visit or interact with our websites, use our apps or otherwise engage with us. These third parties use this information for the purposes of serving ads that are more relevant, for ad campaign measurement and analytics, and for fraud detection and reporting.
To exercise the Right to Opt-Out of personal information sharing or selling, including for targeted advertising purposes, you may submit a request by clicking on the following link:
Authorized Agents
In certain circumstances, you are permitted to use an authorized agent (as that term is defined by the California Consumer Privacy Act of 2018) to submit requests on your behalf through the designated methods set forth in this Notice where we can verify the authorized agent’s authority to act on your behalf.
For requests to know, delete, or correct personal information, we require the following for verification purposes:
(a) a power of attorney valid under the laws of California from you or your authorized agent; or
(b) sufficient evidence to show that you have:
1. provided the authorized agent signed permission to act on your behalf; and
2. verified your own identity directly with us pursuant to the instructions set forth in this Notice; or directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf.
For requests to opt-out of personal information “sales” or “sharing”, we require a signed permission demonstrating your authorized agent has been authorized by you to act on your behalf.
