Hiya Privacy Policy for TCL Devices

Effective Date: Dec 19, 2018

Updated: October 28, 2020

What is this policy?

Hiya, Inc. ("Hiya" or "We") values your privacy. In this Privacy Policy ("Policy"), we describe how we collect, use, and disclose information that we obtain about users in connection with the Hiya integration with your TCL Communication Technology Holdings, Ltd. ("TCL") and corresponding service (our "Service"). We explain who we are, why, on what legal basis, and how we process personal data and, if you are the subject of any of the personal data concerned, what rights you have and how to get in touch with us if you need to.

This Policy applies only in the context of the Hiya integration into your TCL device and does not apply to Hiya's websites, applications, or other services or products that display a privacy policy that differs from this Policy.

By accepting the Terms of Service and this Policy using the Service, you agree that your personal information will be handled as described in this Policy. Your use of the Service is subject to this Policy and the Hiya Terms of Service for TCL Devices. Our Terms of Service are incorporated by reference into this Policy.

Please note that the Service may contain links to third-party Web sites. Any access to and use of such linked Web sites is not governed by this Policy, but instead is governed by the privacy policies of those third party Web sites. We are not responsible for the information practices of such third party Web sites.

Who are we?

We are Hiya, Inc. Our contact and other details are set out at the end of this policy. We are the controller in relation to the personal data processed in accordance with this policy (except where this policy explains otherwise).

Our details – options to contact us:

- US Office: 110 Union St., Suite 500, Seattle, WA 98101 USA‍

- Email: support@hiya.com

- Follow this link to contact Hiya Customer Service

- Data Protection Officer: e-mail: dpo@hiya.com

- UK Office: Churchill House, Churchill Way, Cardiff CF10 2HH, Contact: Alex Algard

- EU/ Hungary office: 1066 Budapest, Mozsár utca 16. 5th floor, Contact: Daniel Lehoczky

Whose personal data do we process?

We may process personal data relating to you if:

• You use this Service.
• Your personal data has been provided to us by one of our users. This means that our user granted us access to your personal data, for example data that was stored or otherwise available on his/her device.
• Your personal data has been provided to us by third party sources, including affiliated entities, surveys or questionnaires, marketing companies, data licensors, public records. In such cases, we rely on the guarantees given by these third parties that they have first obtained your consent to providing us with the information, or that there is some other lawful basis for giving us the information.

What personal data do we process?

We collect information given directly by you, by third parties (e.g., data providers), and automatically as you use the Service. The personal data relating to you that we process may include the information set out below.

A key component of the Service is to assist our users in identifying telephone calls including potentially unwanted telephone calls. To do so, we may collect call and text log information automatically from our users' devices.

In addition, in case you are one of our users, we may also process the following personal data relating to you:

• Your phone number
• Your name (if you provide it to us)
• If a number is stored in your contacts (if you grant us access to your contacts)
• Mobile device IDs (or other identifier as permitted by the TCL or user id created by Hiya)
• Mobile carrier
• Your IP address
• Language information
• Your current country
• Device name and model; operating system type, name, and version
• Your activities within the Service

If you contact us, we will collect whatever information you choose to provide in your correspondence with us often this includes your phone number, email address or other contact details.

We may combine this information with other information that we have collected about you, including, where applicable, your user id, name, and other personal information. Please see the section "Our Use of Cookies and Other Tracking Mechanisms" for more information.

User Generated Content

We also invite you to contribute information in and on the Service, including your comments in spam reports, spam category, name corrections and any other information that you would like to be available on Service. We will not text or call any of your contacts without your explicit consent. If you contribute information to the Service, your posting may become public and we cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy. In general, if you choose to disclose information about other people to us, you confirm that you have the authority to use and share such information.

What do we do with your personal data?

In case you are one of our users, we may process your personal data for the purposes listed below.

As necessary to perform our contract with you, for our or third parties' legitimate interests, especially in order to provide the Service to you and other users, to assist our users in identifying potentially unwanted telephone calls, including:

• To match the information in your phone logs and contacts with numbers from the calls or text messages you create or receive, as well as with information in our database. We also may store this information for subsequent data validation for both you and other users of the Service and other products;
• To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Service;
• To send you notifications. For example, if you missed a call and the number was not in your address book but we knew the name of the caller, we may send you a notification;
• To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising.
• If you contact us we may process your personal data to communicate with you about your use of the Service, to respond to your inquiries, and for other user services purposes;
• To better understand how users access and use the Service, both on an aggregated and individualized basis;
• To improve the Service, and for research and analytics purposes;
• To administer the Service, and other systems, including troubleshooting, and data analysis, testing, research, statistical and survey purposes;
• To improve the Service to ensure that content is presented in the most effective manner for you and for your device;
• To keep our website, Apps and other systems safe and secure;

If you are a Business User we may process your personal data to enter into, and to perform, contracts with you or the person that you work for.

In case you are not one of our users, we may process your personal data for the following purposes based on our and third parties' legitimate interests:

• To provide information to our users at the moment when you contact one of our users
• To communicate with you about the information we hold about you, to correct the information that we may display about you and to respond to your inquiries
• To improve the Service, and for research and analytics purposes
• To administer the Service, and other systems, including troubleshooting, and data analysis, testing, research, statistical and survey purposes
• To keep our website, Apps and other systems safe and secure

Who do we disclose your personal data to?

We may share your personal data with:

• TCL. We work with TCL to provide the Service on TCL devices. In connection with our business relationship with TCL, we provide to TCL information relating to your use of the Service.
• Affiliates. We may disclose the information we collect to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
• Business Users. We may provide your information to business users of our products (e.g., user support centers) so that they can improve their calling operations and marketing practices. For example: We may share your anonymized complaint data with Business Users such as call originators so that they become aware of the nuisance they are causing.
• User of the Service and Our Other Products. Because your information may be used for validation of information in our database, we may disclose your information to users of the Service and of other products and services that rely on our database of information. For example: If you provide us with your name and you call another of our users, then we may show your name to the other user to know who is calling.
• Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors, or agents who perform functions on our behalf. For example if a unknown number has called you and we don't have sufficient information about the number then we may ask a third party data vendor for help.
• Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
• In Response to Legal Process. We may disclose your information to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
• To Protect Us and Others. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which we are involved. We may, on a strictly confidential basis, also disclose your information to our legal and professional advisers, where we believe it is necessary for the compliance with laws and the protection of our legal interests.
• Aggregate and De-Identified Information. We may share aggregated and de-identified information information about users with third parties for marketing, advertising, research, or similar purposes.

What are the legal grounds for our processing of your personal data?

The legal bases on which we process your personal data is described below:

• We process data as necessary to perform our contracts with you, or in order to take steps at your request prior to entering into such a contract;
• In cases where this is necessary and you give us your consent to the processing of your personal data, we also rely on consent in relation to the processing concerned (see below for how to withdraw your consent at any time).
• Otherwise, we will process your personal data where the processing is necessary:

• for the purposes of the legitimate interests pursued by us or another person, provided that this will only be in circumstances in which those legitimate interests are not overridden by your interests or fundamental rights and freedoms which require protection of personal data. In order for us to be able to provide the Services to our users, we may have to rely on information about you that we have obtained from persons other than you, such as our users or third parties. The legitimate interests we rely on for this processing include the interest of ours and most of all our users' of protecting them from unwanted disturbances, such as phone-calls and text messages from businesses or individuals with whom they do not, and most likely do not want to, make contact. We only process personal data on the basis of this legitimate interest where the processing of that data is absolutely necessary in order to enable us to provide the services to our users;
• for compliance with a legal obligation to which we are a subject;
• for the protection of your vital interests or those of another person;
• for the performance of a task carried out in the public interest, insofar as the processing has a legal basis.

Where do we process personal data?

The data that we process in relation to you may be transferred to, and stored at, a destination in another country. Hiya's data centers are located outside the European Economic Area ("EEA") that may not be subject to equivalent data protection law. It may also be processed by staff situated outside the EEA who work for us or for one of our partners. Your information for example could be transferred to the USA, Brazil, Singapore and Australia.

Where personal data is transferred in relation to providing the Service we will take all steps reasonably necessary to ensure that it is subject to appropriate safeguards and that it is treated securely and in accordance with this Policy, such as relying on a recognized legal adequacy mechanism which may include entering into EC approved standard contractual clauses relevant to transfers of personal information.

How long do we process personal data for?

We process personal data only for so long as is necessary for the purpose(s) for which it was originally collected, after which it will be deleted or archived except to the extent that it is necessary for us to continue to process it for the purpose of compliance with legal obligations to which we are subject or for another legitimate and lawful purpose.

We may retain some of your information even after you disable or stop using the Service, except if you instructed us otherwise, or if you agreed to share your name and phone number with the Service, it will be removed when you disable the Service, unless this information was already available to Hiya before you started using the Service.

In particular, we may for an indefinite period process your call logs and spam reports which you granted us access to before disabling or stop using the Service. We do this strictly for statistical purposes, in order to enable us improving our algorithms and the Service. We will not use these data for any other purposes, and the processing will have no effect on you or any other natural person. The data will not be shared with any third parties either, and we take appropriate measures to ensure that your data is safe with us.

Children Under 16

The Service is not designed for children under 16 and Hiya does not make its' services available to Children under 16. If you are under the age of 16, you may not use the Service and you may not provide us with any of your personal details. If we discover that a child under 16 has provided us with personal information, we will delete such information from our systems.

What are your rights?

You have the following rights in relation to personal data relating to you that we process:

• You may request access to the personal data concerned (please see the section on obtaining access to your personal data below)
• You may request that incorrect personal data that we are processing be rectified
• Under certain circumstances, you may be entitled to request that we erase the personal data concerned
• Under certain circumstances, you may be entitled to request the restriction of processing of your data
• In cases where your personal data is processed (with certain conditions) based on the legitimate interest of ours or a third person, you may be entitled to object to processing.
• In certain cases, you may also have the right to receive personal data concerning you in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller.
• Where we are processing personal data relating to you on the basis of your prior consent to that processing, you may withdraw your consent at any time, after which we shall stop the processing concerned. This, however, does not affect the lawfulness of the processing based on your consent before it was withdrawn.
• If you have a complaint about any processing of your personal data being conducted by us, you can contact us. If you reside in the European Union you may also or lodge a formal complaint with a supervisory authority, in particular in the European Union member state of your habitual residence, place of work or place of the infringement of your rights took place. The list of competent EU supervisory authorities is available here.

How can you exercise your rights?

You may exercise your above rights, including your right to withdraw your consent and access to your personal data, by:

• contacting us at Hiya Customer Service
• writing to us at any of the addresses specified on the top of this document.

Please note that we may be required to ask you for further information in order to confirm your identity before we provide the information requested.

Security

We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.

Our Use of Cookies and Other Tracking Mechanisms

We and our third party service providers use cookies and similar technologies, including mobile application identifiers, to track information about your use of the Service, help us recognize you on this Service and across other products, improve your experience, increase security, measure use and effectiveness of the Service, and serve advertising. We may combine this information with other personal information we collect from you, and our third party service providers may do so on our behalf.

Currently, the Service does not recognize "do-not-track" requests. By using the Service, you consent to the placement of cookies and beacons on the TCL device in accordance with this Policy. You may, however, disable certain tracking. Specifically, you may control your device's Google Advertising ID and opt out of interest-based ads from the Google Settings app.

Changes to this policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice of such change by highlighting the change on the Service or their corresponding Web sites, sending a push notification, or displaying on any of the Web sites associated with the Service.