PRIVACY POLICY

INTRODUCTION

Thank you for choosing to be part of our community at Shenzhen Newyes Technology Ltd (“NEWYES”, “company”, “we”, “us”, or “our”). We are committed to protecting user personal information and your right to privacy.This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at newyes@newyes.com.

 

This privacy policy applies to all information collected through our website, our APP, any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected there to (collectively, the “Site”).

 

When you use our APP/services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it, with whom it may be shared, and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. 

 

Please read our Terms of Service and this Privacy Policy carefully, as you must agree to both documents in order to be permitted to use our Service. IF THERE ARE ANY TERMS IN THIS PRIVACY POLICY THAT YOU DO NOT AGREE WITH, PLEASE DO NOT PRIVIDE YOUR PERSONAL INFORMATION TO US.

 

Definitions

Throughout this Policy, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:

 

“App” refers to our mobile software application;

“Personal Information” means any personal information that may identify You, such as your name, email address, geographical address, and telephone number.

“Product” means any of the NEWYES products we offer for sale from time to time;

“Newyes,” “we,” and “us” refers to our company, known as “Shenzhen Newyes Technology Ltd”; our Site; our Service; our App; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;

“Service” refers to the services that we provide, including our Site and our App;

“Site” refers to our websites, newyes.com;

“User” refers to anyone who uses our Service;

“You” refers to you, the person who is governed by this Privacy Policy.

 

WHEN WE COLLECT PERSONAL INFORMATION FROM YOU?

All the information provided by you, we collect personal information that you voluntarily provide to us when you

1. download our App and sign up for our Service;
2. expressing an interest in obtaining information about us or our products and services, when participating in activities on the Sites [(such as posting messages in our online forums or entering competitions, contests or giveaways)] or otherwise contacting us.
3. make an inquiry, provide feedback, or otherwise contact us by post, email or on our website, including through the Contact Us Page;
4. sign up our website
5. purchase Products from us;
6. participate in any survey, unless you respond anonymously.
7. complete any of the web forms on our Site

All personal data that you provide to us must be true, complete, and accurate. We may keep a record of any conversation that we have. If you provide us with inaccurate or false data, and we suspect or identify fraud, we will record this.

 

WHAT INFORMATION DO WE COLLECT?

The personal information that we collect depends on the context of your interactions with us and the Sites, the choices you make and the products and features you use. The personal information we collect can include the following:

 

1. When you sign up to our Service, you will provide us with certain information:

• Essential information: When you register a NEWYES APP account, you will need to provide your email address or phone number and choose a password.
• Information from correspondence: To open your account, we collect and receive basic information like your email address or phone number or else, it depends on which registration method you use. For example, if you sign up with phone number, we will collect your phone number; if you sign up with email address, we will collect your email; if you sign up with third parties, like Google/Facebook/Wechat, we will collect your nick name and head portrait you used for the corresponding APP.
• Survey information: If you participate in any survey, you will provide certain personal data as part of your response, unless you respond anonymously.

2. There is certain information that we collect automatically as the result of your use of the Service. This information includes but is not limited to:

•  The Internet Protocol (IP) address of the device from which you access the service (this can sometimes be used to derive the country or city from which you are accessing the service);
• The site that you visited immediately prior to visiting the Website;
• The specific actions that you take on the Service, including the pages and screens that you view or visit
• Any search terms that you may enter on the Service;
• The time, frequency and duration of your visits to the Service;
• The nature of the device from which you are accessing the Service, for example, whether you are accessing the Platform from a computer or from a mobile device and its device-ID;
• Your location data (e.g. IP Address);
• Information regarding your interaction with email messages, for example, whether you opened, clicked on, or forwarded the email message

 

INFORMATION FROM THIRD-PARTY SOCIAL MEDIA SERVICE

1. The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:

• Google
• Facebook
• Wechat

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.

You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

 

INFORMATION COLLECT WHILE USING THE APPLICATION

We automatically collect certain information from your device when you use our Services. Generally, this information does not identify you, however, some of this information may be considered “Personal Information” in certain circumstances. This information includes but is not limited to:

 

• The Internet Protocol (IP) address of the device from which you access our App or Site.
• The website that you visited immediately prior to visiting our Site.
• The specific actions that you take on our App or Site, including the pages and screens that you view or visit, and search terms that you enter.
• The time, frequency, connection type, and duration of your visits to our App or Site.
• Your browser type, operating system, language settings, unique device identifiers, and other diagnostic data when you access our App or Site.
• The nature of the device from which you are accessing our App or Site, for example, whether you are accessing from a computer or from a mobile device, its device-ID, and device language.
• Your location data when you use our App or Site.
• Information collected through cookies and similar technology, as described in the “Cookies and Analytics Partners” section below when you use our App or Site.
• Information regarding your interaction with email messages. For example, whether you opened, clicked on, or forwarded an email message.

 

APP FEATURES

While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:

• Information regarding your location
• Pictures and other information from your Device's camera and photo library

We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it may be simply stored on Your device.

You can enable or disable access to this information at any time, through Your Device settings.

 

NOTE: Our Services are not intended for use by HIPAA covered entities for the transmission of Protected Health Information, nor intended for the transmission of sensitive information such as payment card or financial information (except when making a purchase), so please do not share this information with us.

 

WHAT DO WE DO WITH YOUR INFORMATION?

We are committed to protecting the privacy of your information. Below, we describe the ways in which we use the information we collected from you, including in any one or more of the following ways:

1. To create and administeryour account.
2. To receive to provide, maintain, and improve the Service;
3. To provide troubleshooting and customer support;
4. To protect the Service for all our users;
5. Send you Product updates, marketing communication, and service information;
6. Send emails about service updates and notifications regarding your account;
7. Research and analytics purposes.

 

WOULD SOMEONE AT NEWYES VIEW YOUR CONTENT?

We limit the use of your Content to make sure that no one at NEWYES can view it unless you share it or expressly give us permission or it’s necessary to comply with our legal obligations. Specifically:

1. If you contact our Customer Support team for help with specific pieces of Content in your account (for example, if you can’t edit a note), we may ask for your temporary permission to look at your Content. This permission terminates when the issue is resolved.
2. If we become aware of a potential violation of our a Terms of Serviceor User Guidelines, we may suspend or close your account until the problematic material is removed. Under such a circumstance, we would only look at the Content in your account if you give us consent or if necessary to comply with our legal obligations, including to protect the safety of you or any other person.

 

HOW DO WE SHARE OR DISCLOSE YOUR INFORMATION?

NEWYES is not in the business of selling or renting your information. Here are instances when we may disclose your information and then only the minimum information necessary:

 

Although you are entering into an Agreement with NEWYES to disclose your Personal Information to us, for our legitimate business interests, we use third party individuals and organizations to assist us, including contractors and others. We shall ask and require these third parties to implement appropriate organizational and technical security measures to protect against unauthorized disclosure of personal data, and only to process personal data in accordance with our instructions and applicable laws, and to the extent necessary to provide their services to us.  

 

We are dedicated to protecting the privacy of your Personal Information when working with third parties. We do not share your information with any third parties for their own advertising purposes. It is our policy to request that our third-party providers sign a written agreement confirming that they will use Personal Information or other information we share with them solely for the purpose to assist us and not for anything outside the scope of the services they are providing to us.

 

It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. We will hold the liable for the actions of any of these third parties, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.

 

HOW DO WE RESPOND TO LEGAL REQUESTS FOR YOUR INFORMATION?

We vigilantly protect the privacy of your account. We will not disclose your information to law enforcement or other governmental authorities unless we believe it is required to comply with warrants, court orders, subpoenas, or other lawful government requests. This may include responding to legal requests from local jurisdictions where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards of due process.

 

We narrowly interpret all information requests, and we only disclose Content in your account that is specifically responsive to a government warrant or where you have provided your explicit consent. In accordance with our user notice policy, we will notify you if we believe we are compelled to comply with a third party’s legal demand for your information, and we routinely push back on government orders to delay user notice that we view as overly broad.

 

In addition, in rare cases, we may share your information as necessary to investigate or take action regarding illegal activities, suspected fraud, or potential threats against persons, property or the systems on which we operate the Service, or as otherwise necessary to comply with our legal obligations.

 

HOW MANAGE YOUR INFORMATION IN NEWYES APP?

Consistent with our first principle of data protection - your Content is yours, you can manage your information simply by logging into your account and editing your information directly within the APP.

 

WHERE DO WE STORE YOUR INFORMATION?

When you use NEWYES Software on your device, some of your data will be stored locally on that device, and the data will be replicated on servers maintained in our server, so that you can sync your Content with different devices by using the same account.

 

HOW CAN YOU DELETE YOUR INFORMATION IN NEWYES?

We make the Content you store in NEWYES readily accessible to you, until you make the decision to delete it.

1. If you wannadelete your Content, you can proceed in the APP, please note it will no longer be accessible to you or others who may access the Service.
2. If you wanna delete your personal information as well as your account, before 1.6 version, you can email “newyes@newyes.com”to delete your personal information. Please note that we may ask you for proof of account ownership and/or identity before fulfilling your request.
3. If you wanna delete the notes in your smart pen, please sync your notes to the APP, then the Content on the smart pen will be gone.

 

The NEWYES service’s back-up systems may retain residual copies of your deleted Content for up to 180 days due to the nature of those systems’ operations. And please note that deleting your copy of these communications (such as sharing on Facebook) won't delete copies existing on the platform you were interacting with.

 

WHAT PERMISSIONS DO WE NEED TO FULFILL THE FEATURES OF THE APP?

To perform the use of the APP NEWYES, we must grant some permissions to your phone, the permissions are different from IOS and Android user. Some permissions are required to use the APP, while some permissions are not necessary, we list as below:

1. For android user

• Bluetooth - Required to use the APP: The writing notes is transmitted to the APP by the Bluetooth, so Bluetooth is necessary for using the product, and the smartpen does not have an in-built speaker or microphone and uses your mobile/ tablet to record audio, an active Bluetooth connection is required for recording audio while taking notes.
• Storage - Required to use the APP: Only we grant your permission tostorage, can we fulfill these features pen data transfer, transcribe, sharing, firmware update, insert image, ect. If you deny the permission, you can not use the APP.
• Location - Required to use the APP: The Bluetooth Low Energy that needs location permission to position the pen, only with this information can your phone search then pen then match.
• Camera - Necessary for use some features: If you wanna take a photo then insert to your notes or you need to scan your notes, we need to grant your permission to camera. While if you deny the permission, you can still use the APP, it won’t effect your use for other features.
• Microphone - Necessary for use some features: If you need to record the voice together with your notes, we need to grant your permission to camera. While if you deny the permission, you can still use the APP, it won’t effect your use for other features. Please note, you must grant the permission of the speaker before recording.
• Telephone: It’s not necessary, you can shut down the permission.
• Contacts: It’s not necessary, you can shut down the permission.

 

2. For IOS user

• Camera/Album - Necessary for use some features: If you wanna take a photo then insert to your notes or you need to scan your notes, we need to grant your permission to camera. While if you deny the permission, you can still use the APP, it won’t effect your use for other features.
• Microphone - Necessary for use some features: If you need to record the voice together with your notes, we need to grant your permission to camera. While if you deny the permission, you can still use the APP, it won’t effect your use for other features. Please note, you must grant the permission of the speaker before recording.
• Siri & Search: It’s not necessary, you can shut down the permission.

 

CHILDREN’S PRIVACY

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

 

SALE OR MERGER

In the event that NEWYES undergoes a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, for our legitimate interests we may share all of your information, including Personal Information, to any interested buyer and the successor organization in such transition. If material changes to NEWYES's privacy practices are known by us to occur as a result of the business transition, we will notify you and other users of the business transition prior to transferring your Personal Information. We may otherwise disclose your information in connection with such business transition.

 

AMENDMENTS

We may amend this Policy from time to time. When we amend this Policy, we will post the amended version on this page. You must read this page each time that you use our Service, and your continued use of our Service shall constitute your acceptance of any such amendments. Changes to this Policy take effect from the date of publication.

 

Last Modified: March 31, 2023