This Privacy Policy (the “Policy”) explains how AIPER collects, uses and more generally processes your personal data in connection with your relationship with us when you use our mobile application (the “App”) to control and administer the pool cleaning machine, lawn mowing machine, water surface cleaning boat, gateway station and other products bearing the brand of AIPER paired to your App account and distributed and offered by us (the “Machine”). By the App, you could also control your Machine remotely, including programming the Machine settings, creating or closing cleaning tasks, checking information regarding the Machine’s features, receiving notifications and maintenance information, etc. (the “Services”).
The Services are provided or controlled by the following entities and its affiliates (i) Aiper Intelligent, LLC (located at 2700 CUMBERLAND PKWY SE SUITE 350 ATLANTA GA 30339 US) if you are accessing the Services from the countries inside North America and South America; or (ii) AIPER INTELLIGENT SARL (located at 24 Avenue du Prado 13006 Marseille 6e Arrondissement, France) if you are accessing the App and the Services from the countries inside the European Region, the United Kingdom and Africa; or (iii) AIPER GLOBAL PTE. LTD. (located at 60 PAYA LEBAR ROAD #12-03 PAYA LEBAR SQUARE SINGAPORE) if you are accessing the App and the Services from the countries inside Asia and Australia (collectively, “AIPER”, “we” or “us”).
Understanding this Policy is necessary to use the App with the Machine. We recommend that you carefully read and understand the full content of this Policy so that you may make relevant choices as you deem appropriate. This Policy is not necessarily applicable to the services, activities or products of third parties to which you may be referred and to which a different privacy policy might apply.
This Policy may be amended or updated from time to time to reflect changes in our practices with respect to the processing of personal data, or changes in applicable law. We encourage you to read this Policy carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Policy.
Here is a summary of the information contained in this Policy. This summary is to help you navigate the Policy and it is not a substitute for reading everything. You can view the particular sections for more detailed information.
1. Our Collection and Creation of Your Personal Data. If you register an account to use the App, we will need some personal data from you to set this up. We will also collect and create personal data about you when you use certain functions of the App (e.g., when you pair your Machine with the App and connect to the Internet). If you need to get in touch with us, we will also collect and retain some information so that we can get back in touch with you and address any concerns. For more information, please refer to I. Collection and Creation of Personal Data.
2. Purposes to Process Your Personal Data. We process your personal data to provide various functions and Services in the App and communicate with you in response to any support requests or for notification purposes. We also process your personal data to manage our IT system, to ensure the secure operation of the App, to improve and upgrade the App, to detect and investigate threats and harm, and to comply with our legal and regulatory obligations under applicable law. For more information, please refer to II. Purposes of Processing and Legal Bases for Processing.
3. Disclosure and International Transfer of Your Personal Data. We may disclose your personal data to affiliates in China who help us deliver Services in relation to the App. We use some third parties to help us deliver the best possible experience to you (e.g., cloud storage services and customer support services) and partner with third-party SDK providers to provide certain functions in the App. We may also be required to disclose certain personal data about you in compliance with legal obligations, for audit purposes, during legal processes, and in other circumstances specified under III. Disclosure of Personal Data to Third Parties. Due to the international operation of our business, your personal data may be accessed from and transferred to jurisdictions outside of where you are located. For more information, please refer to IV. International Transfer of Personal Data.
4. Protection and Retention of Your Personal Data. We have implemented appropriate technical and organizational security measures designed to protect your personal data. For more information, please refer to V. Security of Your Personal Data. Currently, we store your personal data with third-party cloud storage services providers, and we take every reasonable step to ensure that your personal data are only processed for the minimum period necessary for the purposes set out in this Policy. For more details on the criteria to determine the retention duration, please refer to VI. Retention of Your Personal Data.
5. Your Rights Regarding the Processing of Your Personal Data. Depending on where you live, you may have certain rights with respect to your personal data, such as rights of access, to receive a copy of your personal data, or to delete your personal data or restrict or object to our processing of your personal data. For more information, please refer to VII. Your Control and Choices. In particular, if you are in the United States, certain state data privacy legislations may entitle you to additional rights as detailed under X. Notice to California Residents.
6. Contact Us. If you have any questions or comments regarding this Policy and/or other privacy practices, want to exercise any rights you may have, or would like to complain about our breach of applicable data protection laws, please contact us by using the information detailed under XII. Contact Us.
We receive and store any information you enter on the App, or that you give us in any other way. We also create personal data about you in certain circumstances, such as records of your interactions with us, and details of the usage history of Machine.
We may process the following categories of personal data about you provided we have an applicable legal basis:
| Processing Activity | Legal basis for processing |
|---|---|
| Provision of Services: such as App account registration, and providing access to certain functionalities and features of the App. | The processing is necessary in connection with any contract that you have entered into with us, or to take steps prior to entering into a contract with us. |
| Communication with you: responding to requests for customer support services, and notifying you of major changes and updates to the functions of the APP. | Communication with you: responding to requests for customer support services, and notifying you of major changes and updates to the functions of the APP. The processing is necessary in connection with any contract that you have entered into with us, or to take steps prior to entering into a contract with us. |
| Management of IT systems: management and operation of our communications, IT and security systems; and audits (including security audits) and monitoring of such systems. | The processing is necessary for compliance with a legal obligation; or We have a legitimate interest in carrying out the processing for the purpose of managing and maintaining our communications and IT systems (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms). |
| Improvement, upgrade and enhancement of the App: combining and analyzing your personal data to plan improvements to the App and providing upgradation services. | We have a legitimate interest in carrying out the processing for the purpose of improving, upgrading and enhancing the App (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms). |
| Security Management: identifying abnormal status of your App account or the Machine and ensuring the secure operation of the App. | The processing is necessary for compliance with a legal obligation; or We have a legitimate interest in carrying out the processing for the purpose of ensuring the security of the App (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms). |
| Investigations: detecting, investigating and preventing breaches of policies or terms, fraud, criminal offences, and any other threats or harm in accordance with applicable law. | The processing is necessary for compliance with a legal obligation (especially in respect of applicable employment law); or We have a legitimate interest in carrying out the processing for the purpose of detecting, and protecting against, fraud (to the extent that such legitimate interest is not overridden by your interests, fundamental rights, or freedoms). |
| Legal compliance: compliance with our legal and regulatory obligations under applicable law. | The processing is necessary for compliance with a legal obligation. |
Currently, we do not process personal data for the purposes of automated decision-making and profiling. If we do this in the future, we will obtain your prior consent before doing so.
We may disclose personal data with our affiliates in China for legitimate business purposes and the operation of the App, in accordance with applicable law. In addition, we disclose your personal data to:
If we engage a third-party processor to process your personal data, the processor will be subject to binding contractual obligations to: (i) only process the personal data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the personal data; together with any additional requirements under applicable law.
We maintain servers located in the United States, Singapore and French, and your personal data may be processed on servers located outside of the country where you live. For example, personal data of Australian users may be stored in Singapore, that of Canadian users may be stored in the United States; and that of users in the United Kingdom may be stored in France. Because of the international nature of our business, your personal data may also be accessed by our affiliates or be transferred to third-party customer service providers and third-party SDK providers, in connection with the purposes set out in this Policy. For this reason, we transfer personal data to other jurisdictions that may have different laws and data protection compliance requirements to those that apply in the jurisdiction in which you are located. Data protection laws vary among countries, with some providing more protection than others. Regardless of where your personal data is processed, we apply the same protections described in this Policy.
In the event of an international transfer of personal data, when required by applicable law, we will provide an adequate level of protection for your personal data using various means, including where appropriate, relying on a formal decision that a certain country ensures an adequate level of protection for personal data, or implementing the European Commission approved Standard Contractual Clauses and UK International Data Transfer Agreement between our affiliates and third parties (where applicable) or any other lawful approach that permits the lawful transfer of personal data from those countries.
We have implemented appropriate technical and organizational security measures designed to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, unauthorized access, and other unlawful or unauthorized forms of processing, in accordance with applicable law. In particular, we use encryption technology to safeguard your password and ensure its security. We will not access or use your password unless explicitly authorized by you for password reset or technical support purposes. When using an App account, it is important that you select a strong password and do not share it with others. If you have any concerns that your App account or personal data has been put at risk, for example if someone could have found out your password, please contact us by using the contact details provided in Section XII below.
Please note, the Internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your personal data, we cannot guarantee the security of your data transmitted to us using the internet – any such transmission is at your own risk and you are responsible for ensuring that any personal data that you send to us are sent securely.
We will use your personal data as described in Section II above (including combining and analyzing your personal data) and store your personal data with third-party cloud storage services providers. We take every reasonable step to ensure that your personal data are only processed for the minimum period necessary for the purposes set out in this Policy. The criteria for determining the duration for which we will retain your personal data are as follows:
i.we will retain personal data in a form that permits identification only for as long as: a)we maintain an ongoing relationship with you (e.g., where you are a user of the App); or b)your personal data are necessary in connection with the lawful purposes set out in this Policy, for which we have a valid legal basis to collect and process such personal data, plus:
ii.the duration of: a)applicable limitation period under applicable law (i.e., any period during which any person could bring a legal claim against us in connection with your personal data, or to which your personal data are relevant); and b)an additional two (2) month period following the end of such applicable limitation period (so that, if a person brings a claim at the end of the limitation period, we are still afforded a reasonable amount of time in which to identify any personal data that are relevant to that claim), and:
iii.if any relevant legal claims are brought, we continue to process personal data for such additional periods as are necessary in connection with that claim; we may also continue to process personal data if deleting the data would conflict with the requirement to protect the interest of the persons concerned; or if the processing is otherwise necessary in accordance with Art.17 (3) of the GDPR.
During the periods noted in paragraphs ii. a) and ii. b) above, we will restrict our processing of your personal data to storage of, and maintaining the security of, those data, except to the extent that those data need to be reviewed in connection with any legal claim, or any obligation under applicable law.
Once the periods in paragraphs i., ii., and iii. above, each to the extent applicable, have concluded, we will either:
Subject to applicable law, you may have the following rights regarding the processing of your personal data:
Depending on your jurisdiction, you may be entitled to additional rights in relation to your personal data. Please find more details of these rights in Section X below.
To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Policy or about our processing of your personal data, or to file a complaint about how we process your personal data, please use the contact details provided in Section XII below. We will respond to your request or complaint in due course under applicable data protection laws. Please note that:
Cookies are small text files which are transferred to your mobile device when you access the App. We will collect and use your App ID and token, the operating system of your mobile device, and your preference settings (e.g., language preference and time zone) through cookies when you use the App. These cookies are strictly necessary cookies that are always on when you visit the App, and you may not turn them off unless you change your mobile device settings. Please note that third parties (including, for example, providers of online customer services) may also use cookies, over which we have no control. This Policy does not apply to the collection and use of personal data by third-party cookies, and please refer to the privacy and security policies of relevant third parties for detailed information.
You have controls in your mobile device operating system that enable you to choose whether to allow cookies. Keep in mind that stopping all cookies might mean you can’t access some Services of the App, or that some of them might not work properly for you. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit https://allaboutcookies.org/.
As required by applicable law, we consider a user under the age of 18 as a minor. The App is not aimed at minors, and we do not knowingly collect personal data from minors. If you become aware that personal data about a minor has been provided to us, please immediately contact us by using the contact details provided in Section XII below. That way, we can delete the information from our records.
If you are a California resident, the California Privacy Rights Act (“CPRA”) or other California privacy laws described below require us to provide you with the following additional information:
a) Collection and Use of Your Personal Data. We collect personal data from and about you in the preceding 12 months as described in Section I above.
b) Disclosure of Personal Data. We disclose personal data with third parties for business purposes in the preceding 12 months as below:
| Categories of personal data | Disclosed to which categories of third parties |
|---|---|
| All categories detailed in Section I above except for certain operation information that is only cached on the Machine (such as obstacle recognition related information; IO status test information; operating posture and acceleration; motor temperature; mainboard temperature; and current) | Cloud storage services provider |
| App account information; model, SN code, firmware information of the Machine associated with your App account or provided by you | Customer support services provider |
| App name, bundle ID of the App, token ID of the mobile device | Push message SDK provider |
| App ID; IP address; model and operating system of your mobile device; Machine information (such as SN code, firmware information, etc.) and pictures provided by you | Online customer support services SDK provider |
| Operational behavior data (such as clicks, dwell time, etc.); and model and operating system of your mobile device | Data processing SDK provider |
c) Your California Rights and Choices. As a California resident, you may be able to exercise the following rights:
You also have the right to be free of discrimination for exercising these rights. However, please note that the exercise of these rights may limit our ability to process personal data. For example, if you submit a deletion request, we may no longer be able to provide you with our products and Services or engage with you in the same manner.
d) Limit the Use of Sensitive Personal Data. You also have the right to request limitation of use and disclosure of your sensitive personal data, subject to certain exceptions. If you would like to limit the use of your sensitive personal data, please contact us by using the contact details provided in Section XII below. The Latitude and longitude information and your App account password are sensitive personal data as defined by the CPRA. Currently, we use and disclose such data to cloud storage services providers for the purpose necessary to provide cleaning services and maintain account-related services to you. We do not “sell” or “share” (as defined under the CPRA) your sensitive personal data.
e)Do Not Sell or Share My Personal Data. Based on the definition of “sell” and “share” under the CPRA, we do not believe that we engage in such activity and have not engaged in such activity in the past 12 months from the effective date of this Policy.
f)To submit your California Consumer Rights Requests. You may submit a request to exercise your California Consumer Rights by contacting us using the contact details provided in Section XII below. We will need to verify your identity before processing your request, which may require us to request additional personal data from you or require you to log into your account, if you have one. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law. Subject to certain restrictions, you can have an agent exercise your rights for you. If you have an agent exercising your rights, we must be provided with your written authorization allowing that person to make such a request on your behalf. We reserve the right to deny the agent’s request if we are not reasonably able to confirm proper authorization and/or verify your identity as the requestor.
g)Appeal. You may appeal our refusal to take action on a request by contacting us using the contact details provided in Section XII below. If your appeal is denied and you are a California resident, you may contact the California Attorney General about the results of the appeal by submitting a complaint by clicking here: https://oag.ca.gov/contact/consumer-complaint-against-business-or-company.
h)California’s “Shine the Light” Law. California's “Shine the Light” law (Civil Code Section §1798.83) provides certain rights to California residents who have an established business relationship with us with regard to the disclosure of certain types of personal data to third parties for their direct marketing purposes. AIPER does not disclose personal data to third parties for their direct marketing purposes.
We may update this Policy from time to time. When we do, we will revise the “last updated” date at the top of this Policy. If we make important changes, like how we use your personal data, we’ll make reasonable efforts to let you know. It might be a notice, an email, or a message in the App. If you don’t agree to the changes, you may opt to stop using the App, delete your account and stop giving us any more personal data. We encourage you to periodically check this Policy for updates.
For the purpose of applicable data protection laws, relevant controllers of your personal data in relation to our Services provided via the App are listed as below. If you have any questions or comments regarding this Policy and/or other privacy practices, or if you would like to complain about our breach of applicable data protection laws (for example, the Australian Privacy Principles, or Australian registered privacy codes), please contact our privacy officer of the applicable controller entity by using the following information:
| Country/Region | Controller Entity | Contact Details |
|---|---|---|
| North America and South America | Aiper Intelligent, LLC | 2700 CUMBERLAND PKWY SE SUITE 350 ATLANTA GA 30339 US |
| European Region, the United Kingdom and Africa | AIPER INTELLIGENT SARL | 24 Avenue du Prado 13006 Marseille 6e Arrondissement, France |
| Asia and Australia | AIPER GLOBAL PTE. LTD. | 60 PAYA LEBAR ROAD #12-03 PAYA LEBAR SQUARE SINGAPORE |
Alternatively, you may also contact us at privacy@aiper.com , or call us at +1(866)850-0666.