privacy

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.

“Sensitive Personal Data or Information” shall mean as defined in the Information Technology Act, 2000 and the notification dated 11th April 2011 issued by Ministry of Communications and Information Technology (Department of Information Technology);

“Campaign” shall mean the event organised for customers to experience the OPPO F235G(product)

“Platform” shall mean carious online platforms including but not limited to My OPPO, community, WhatsApp or any other medium which OPPO deems fit for the product promotion.

B. How We Collect and Use Your Information

We shall/ may collect Your Information for efficient operations and to provide you with a good user experience. Our channels for collecting Your Information shall be in the following manner (a) information directly provided by you to us; (ii) information which we receive from third parties. 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.

a. Information directly provided by you to us:

i. For enrolling yourself in the Campaign, we will require to collect your Name, Mobile Number and Email id.
ii. For being able to access the Platform, you will need to create an account and log into the Platform using your account. Consequently, you agree to the Privacy Notice of My OPPO app in addition to this Privacy Policy.
iii. In case we provide you with a customer support function or any other function through which either we, third parties engaged by us, OPPO Experience Consultants (OECs) retailers selling OPPO Phones/ mobiles shall contact you or viceversa in respect of the Campaign, we or they may collect Your Information including but not limited to your identity verification documents and/ or details, contact details, communication history (written or recorded, if through calls), complaint or query related details, details about the product or services being enquired, etc.

b. Information which we receive from third parties:

i. We may collect Your Information from the Platform which is linked to your account id maintained with the Platform or your HeyTap account.
ii. We will collect Your Information provided by you to third parties, OECs (OPPO Experience Consultants) and retailers as mentioned in Clause B(a)(iii) herein above.

Further, you confirm that the information will be used solely for the aforesaid Purpose and has been provided by You without any coercion, threat, or force.

C. How We Use Your Information

a. Your Information will be processed to implement core functionalities Campaign on the Platform such as enrolment, verification, service inquiry, logistics and distribution, as well as to provide you with other 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, OECs, retailers whose services you may need in your city and state as indicated in your shipping address or as may be chosen by you while enrolling for the Campaign.

c. Pursuant to you placing the orders, either we, our partners and/ or our authorized distributor, OEC or retails may (at their discretion) arrange for the delivery of your purchase to you for which they may engage their logistics partners. Consequently, Your Information will be shared with each such logistic partner. In the alternative you may receive a call from the OEC, retailers, OPPO or our partners to visit the retail outlet or other designated place for purchasing the product;

d. As part of the order fulfilment services, we may obtain your delivery tracking number from the third-party service provider, logistic partners, authorised distributors, OEC or retailers.

e. We will analyse the data which is sent by OEC and our authorised third parties (mentioned herein) with whom your Information has been shared to solve customer related issues faced during this campaign including while purchasing the device;

f. 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.

g. We may use Your Information for sending you 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.

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

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

j. 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 purpose, or 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 or which may include any of the companies under the brand OPPO 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, OEC, retailers and delivery partners and vendors for the purpose of continued provision of services including related/ ancillary services in pursuance of the Campaign;

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.

a. 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 OPPO.

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

c. 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 by contacting our grievance officer at krishna.chhetri@oppo.com 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.

d. 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 by contacting our grievance officer (from your registered sources of communication such as registered mobile or email) and our grievance officer will look into the same and revert or act upon the same accordingly. 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.

e. 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.

f. Right to complain: You have the right to file complaints in respect of privacy concerns by contacting us krishna.chhetri@oppo.com 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.

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 your request is directly related to matters involving national security, national defence, public health, criminal investigation and other public interests, or 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. How Your Information is Stored and Transferred Globally

Your Information will be stored on servers located in India. We do not share Your Information out of India. To the extent that we may need to transfer Your Information outside of India we will ensure that the intended transferees are either subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy.

J. Communications from Us

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.

K. Indemnity

Irrespective of any other remedy available to us, whether contractually or under the law, you hereby agree to indemnify and hold us harmless (including our shareholders, directors, employees, partners, authorised third parties mentioned herein, logistic partners and other service providers engaged by any one indemnified herein by you), (herein referred to as the ‘Indemnified’) against all claims, damages, losses, penalties, expenses (including legal and other expenses) and the likes which may be made or suffered or likely to be suffered by you, third party (claiming against the Indemnified) or the Indemnified itself and which may arise out of or in connection with (i) collecting, storing, processing, using, transferring, sharing or disclosing any part of Your Information (whether personal or general), or (ii) use of Platform and the campaign and services and products available on it, or (iii) any incorrect, inaccurate, incomplete, infringing, malicious or unwarranted information provided by you to the Indemnified, irrespective of the indemnified taking any action pursuant thereto, or (iv) any actions, omissions, negligence, misconduct, infringement or violation of law or any illegal activity committed by or on your behalf or through your account, or (v) breach of any term of this Privacy Policy.

Furthermore, You understand that agreeing to Terms and Condition/ Privacy Policy, shall not in any manner construe confirmation to Your participation in the Campaign and in Reward.

You also understand that OPPO reserves the right to exclude/ cancel Your participation if You are suspected or violate the Terms and Conditions/ Privacy Policy, tampers with the products, engages in abusive, deceit or fraudulent behaviour in relation to the Campaign or makes false representations or statements or violates applicable law or regulations.

L. 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.