Definition and General Clauses
- YunYun US Corporation (“us,” “we,” “Yunyun,” or “Company”) operates and provides the services of http: //www.getcubo.com website (“Website”) and the Cubo mobile application (the website and the application are referred to as "Service, " collectively), and the product of Cubo camera (“Cubo Baby Monitor,” or “Product; ” the service and Cubo Baby Monitor are referred to as “Our Service and Product,” collectively).
- we shall honestly inform you in detail the items and categories of your personal information collected by us and how your personal information will be processed and used;
- Without your consent in advance, we shall not share your personal information with any third party, and we shall not use your personal information beyond your consent;
- We are dedicated to maintaining the security of your personal information and ensure the safety of our security tools.
- Before you use the Company Service and Product or continue to use the Company Service and Product after any modification or amendment to our Policy, please confirm that you have read, understood, and accepted the Policy and subsequent any modification or amendment thereto, and agree that the Company collects, processes, and uses your personal information in accordance with the Policy. If you are not able to comply or do not agree with the content of the Policy, or the country or region where you reside exclude the application of all or part of the content of Policy, please discontinue to use the Company Service and Product immediately.
The main purpose of our Service and Product is to help parents keep a close eye on their children. Cubo AI's face detection technology can alert you if it recognizes that your baby's mouth and nose may be covered. Get alerted by our app in real-time if your baby's face is covered by items or if they're stuck when rolling over. Therefore, to provide the Service and Product of the Company and to conduct statistical analysis to improve the Service and Product of the Company, Yunyun shall collect, process and use the voices, photos, videos and other personal data of the children (under the age of 12 years). By using our Service and Product, you agree to our collecting, processing, and/or using voices, photos, videos and other personal information of you and your child (children), and you are the legal agent for the child (children). If you do not agree to the above-mentioned collection, processing or use of the personal information, please contact us, and we shall take measures to remove the personal information of the child (children) you photographed (filmed) from the Company's Service and Product server(s), and stop collecting the child or children's voices, photos, videos or other personal information, which may result in you not being able to enjoy the Services provided by the Company. If you want to exercise the right to erasure, please read “10. Rights You May Exercise” for more detailed information.
It is noted that our Service and Product are provided to the legal agent for the child only. Please contact us when you (as the legal agent for the child) find your child is photographed or filmed by the Product without your permission; we shall also take measures to remove the personal information of the child. If you want to erase your child (children)’s relevant data, please read “10. Rights You May Exercise” for more detailed information.
- Unless otherwise defined in the Policy, all the terms used in the Policy have the same meaning as they have in our “Yunyun Terms of Service.”
- The Company may collect personal information of you and/or the child (children) you photographed, in conditions include, but are not limited to: (1) when you use the Service; (2) when you register the Service; (3) when you use our product (Cubo Baby Monitor); (4)when you visit the Website.
- The following is an overview of the personal data Yunyun may collect and how Yunyun may use such collected personal data:
- when you sign up for Cubo account
When you sign up for Cubo account, we shall collect your email address and password. We use this data to create and maintain your Cubo Account. You can use your Cubo Account for various services. You must agree to provide this data to use the Services provided by Yunyun.
- when you purchase the Product
When you purchase the Product from our Website or a third-party website (such as Amazon.com), we shall collect your shipping address, phone number, email address, details of the Product (such as the name of the Product, the product model number, price, and date of purchase), and customer service enquiries. We use this data to ensure payment and shipment success upon your purchase. You must agree to provide this data in order to purchase the Product from our Website or third-party sites (such as Amazon.com).
- when you install the Service and Product
When you install the Service and Product, we shall invite you to provide some basic personal information, such as your email address, the ID of the Wi-Fi router at your home, the name(s), age(s), gender(s) of your child (children), etc. The information you provided is used to establish a secure internet connection to create your own user environment. If you do not agree to provide this data, you will not be able to use the Service and Product.
- when you use the Service and Product
When you use the Service and Product, we shall collect the following personal Data:
- environmental information
We shall collect environment information, such as the environment temperature, humidity, and decibel levels, at which the device is located using the sensors built in the Cubo Baby Monitor. We store this data in the monitor and upload it to Google Cloud Storage simultaneously. By collecting and analyzing the environment information, the Cubo Baby Monitor may provide you better and safer services, such as when the Cubo Baby Monitor determines that the temperature and humidity of your baby's room are out of the doctor's recommended range of comfort, it will send a warning to inform the user to provide a better sleeping environment for the baby. If you do not agree to provide this data, you will not be able to use the Service and Product.
- video and audio information
When you turn on the camera of the Cubo Baby Monitor, we shall thereby collect the video and audio information of you and your child (children) and the procession is as follows:
- The Cubo Baby Monitor equipped with a camera can monitor the activities of your child (children) and store the video and audio information in the monitor. You can watch live videos by using the Cubo mobile application built for P2P connection technology provided by ThroughTek.
- Memorable photos taken by Cubo’s Auto Photo Capture function and chosen by you will be uploaded to Amazon Web Services (AWS) simultaneously and organized by date on the Moment Wall. You can download the photos from the Cubo mobile application.
- When you turn on the AI smart detection mode (including covered face & roll over detection, danger zone detection, and cry detection) in the Cubo Baby Monitor to take photos or videos, we shall thereby collect the video and audio information of your child (children), upload the information to Amazon Web Services (AWS) simultaneously, and provide specific images to you via this setting so as to confirm the status of your child (children) and as a notification.
- When our smart technology warns of any impending dangers around your baby, the video and audio information will be stored in the monitor and organized by date on the Alert Wall. You can download the information from the Cubo mobile application.
- Videos/photos selected by Cubo AI will be stored in Google Cloud Storage with AES-256 encryption. This data helps us improve the performance and operation of Cubo AI.
- You are free to choose whether to provide this data of you and/or the child (children) you photographed (filmed), but you may not be able to enjoy the Product and Service if you do not agree to provide your personal information.
- technical information
To improve the function of the Cubo Baby Monitor and to provide a better user experience for you, as well as to ascertain the technical problems you encounter when using the Cubo Baby Monitor, we shall collect technical information of your Cubo Baby Monitor, such as the model type, serial number, software version, the strength of your Wi-Fi signal, and the log of your Product.
- storage and sharing of the information
The Cubo Baby Monitor allows you to freely adjust the settings regarding whether to store and share any specific information and content of you and/or the child (children). You can change settings through the Service.
- when you sign up for marketing and promotional communications
- When you sign up for marketing and promotional communications and submit the questionnaire based on your consent, we shall thereby collect your email address, phone number, age(s) of your child (children) and questionnaire responses. We conduct a market analysis based on this data and send you promotional communications – according to your preferences and behavior – about Yunyun products, services, events and promotions. Yunyun will give you the chance to withdraw your consent for receiving promotional communications at any time via the unsubscribe link at the bottom of each promotional communications email you may receive from us.
- We may contact you with promotional communications via email, SMS, social media and other digital channels. We also use this information to create segments of our audience showing which of our products and/or services users are interested in and track our marketing efforts.
- when you contact our online customer service
When you contact our online customer service, or when you communicate with one of our Yunyun Customer Success representatives by email or phone, we shall thereby collect your email address, phone number, , purchase history, and the content (communication records) of your questions or requests that you addressed, etc. through the Zendesk platform to provide you with consumer and customer support. We also use this data to improve our products and services and to educate our Customer Success employees during training. If you do not agree to provide this data, we will not be able to provide you with consumer and customer support.
- when you visit the Website or use the Cubo mobile application
- If you do not agree to provide this data, please read “9. Cookies Policy” for more detailed information.
It is noted that in the course of providing the Service to you, we may collect information that could reveal your and/or the child’s (children’) racial or ethnic origin, physical or mental health. If you do not agree to provide this data, please contact us and we will take measures to remove relevant data from the server of our Service and Product. At the same time, we will stop collecting relevant data, but this may result in failure to continue using our Service and Product.
Our processing of your personal data will primarily be necessary for us to provide you with the Product and Service. It is noted that we will obtain your consent to process your personal information if necessary. If we need to ask you for permission, we must ask you in a way that can be clearly understood and is separate from its other terms and conditions. Prior to obtaining your consent, we will also inform you that you will be able to withdraw this consent at any time and it will be as easy to withdraw as to give consent.
necessary for the performance of a contract
We consider the processing of your personal data to be necessary for the performance of the contract (such as the end-user license agreement when you create a Cubo Account, or the Product Sales Agreement when you purchase our Product).
necessary for compliance with a legal obligation
We consider the processing of your personal data to be necessary for the compliance with a legal obligation.
necessary in order to protect the vital interests
We consider the processing of your personal data to be necessary for the protection of the vital interests of you or another natural person.
necessary for the purposes of the legitimate interests
We process your personal information where we deem such processing to be in our legitimate interests and provided always that such processing will not prejudice your (especially children’s) interests, rights and freedoms.
Examples of our processing in accordance with legitimate interests would include: where we disclose your personal information to our employees for internal administrative purposes; or processing your personal information for the purposes of ensuring network and information security, including preventing unauthorized access to our electronic communications network.
When you provide your personal data to Yunyun in order to use our Service and Product, Yunyun shall comply with principles of Article 5 of the GDPR, namely “lawfulness, fairness and transparency,” “purpose limitation,” “data minimization,”
“accuracy,” “storage limitation,” and “integrity and confidentiality.”
- Before you delete your account, we will continue to store your account information.
- For providing you with consumer and customer support, we will continue to store your purchase information before you request us to delete it.
- Before you delete your account, we will continue to store the information you provide when you install the Service and Product.
- The information you provide when you use the Service and Product:
We store your environmental information in the Cubo Baby Monitor for 10 days; after 10 days this data will be automatically deleted. We also upload your environmental information to Google Cloud Storage; we will continue to store this data before you request us to delete it.
- video and audio information
- We store the video and audio information in the Cubo Baby Monitor for 18 hours; after 18 hours this data will be automatically deleted.
- Videos on the Alert Wall will be kept for 7 days and will be automatically deleted after 7 days.
- Memorable photos uploaded to Amazon Web Services (AWS) will be kept for 10 days and will be automatically deleted after 10 days.
- Photos taken by Cubo’s Auto Photo Capture regularly, the environmental information, and the analysis results from Cubo AI will be uploaded to Google Cloud Storage; we will continue to store the data above before you request us to delete it.
- technical information
For improving the functions of the Cubo Baby Monitor, we will continue to store your purchase information before you request us to delete it.
- We will continue to store the information you provide when you sign up for marketing and promotional communications before you request us to delete it.
- We will continue to store the information collected by third-party service providers we engage before you request us to delete it.
- We will continue to store the information you provide when you contact our online customer service before you request us to delete it.
- When you want to erase the information, please contact us at email@example.com or contact our online customer service.
- Except as otherwise provided by law or Other than the situations identified below, we shall not arbitrarily provide, exchange, rent or sell any personal information of you or the subject you photographed (filmed) to any individual, group, private company or government organization other than those described in the two preceding articles, except in the case where it is required by the laws or regulations, demanded by a competent authority, or Yunyun has a contractual obligation to disclose; the circumstances of such exceptions include, but are not limited to：
- With your written consent or by your setting on our Product and Service, such as when you choose to share your personal information with other users;
- With express provision in the laws and regulations;
- To avoid danger to your life, body, liberty or property;
- When cooperating with government organizations or academic and research institutes on the basis of public interest or when it is necessary for the statistical or academic purposes, and when the information has been processed by the provider, and the specific parties cannot be identified in view of the disclosure;
- When your use of the Service and the Product violates the "Yunyun Terms of Service", or may damage or obstruct the Service and Product and the rights and interests of other users or cause damage to anyone, it is necessary for us to disclose your personal information through our reasonable judgment to facilitate identification, contact or legal action;
- Other circumstances favorable to your interests.
- We may employ or commission third-party companies and individuals to assist our Services, provide and execute services related to the Service and the Product on our behalf, or assist us in analyzing the Service and how the Service is used. These third parties may only obtain the personal information of you or the child (children) you photographed (filmed) on our behalf and are obliged not to disclose or use the personal information for any other purpose. When we entrust a third party to collect, process or use the personal information of you or your child (children), our company will sign a confidentiality agreement and data processing agreement with the outsourced company or individual to maintain and ensure the confidentiality level of your personal information in accordance with our personal information protection level.
- We may use the non-identifiable part of your personal information for statistical and analytical purposes and share the results with our partners. For example, we may share with them the environmental information such as the temperature and humidity of the space used by the child (children) and shall make sure that the above-mentioned information we shared will not be linked to you and that our partners shall comply with it.
- Because we use third-party service providers (such as Amazon and Google) to support us in providing the Product and Service, your personal information may be transferred to — and processed on — computers or servers located outside of your state, province, country or other governmental jurisdiction where the personal data protection laws may differ than those in your jurisdiction. Where required by the GDPR, we shall only transfer personal data to recipients offering an adequate level of data protection.
You may refer to the following linkage to understand the appropriate protection of personal data (such as signing Standard Contractual Clauses) of third-party service providers engaged by us:
- Because Yunyun’s principal place of business is in Taiwan, if you are located outside of Taiwan and choose to provide personal information to us, please note that we transfer your information, including personal information, to Taiwan and process it there. By submitting such information, you agree that us transfer your personal information in accordance with this Policy.
To ensure the integrity and confidentiality of the personal information you provide, we use appropriate technical and organizational measures to protect your personal information. Details are as follows:
We secure your data with AES-256 encryption. All databases, data storage, and backups (we use Amazon Web Services (AWS) to back up your data which will be stored in the America AWS Region) are encrypted by using AES-256.
- organizational measures
employee confidentiality agreement
We have employees who need to access your personal data in order to perform their duties sign an employee confidentiality agreement; they will face relevant civil and criminal penalties if breaking the confidentiality agreement.
- access restriction to database
We manage permissions for database users. For example, only employees of the product department can open the database to see your video and audio information when they sign in from our office computers (i.e., users signing in from unregistered IP addresses will have no access to the database).
- management of database user account and password
We prohibit employees from sharing accounts and passwords. Employees should keep written accounts and passwords in a safe place and change passwords on a regular basis.
- You may refer to the following linkage to understand the technical and organizational measures of third-party service providers engaged by us:
- How are cookies used?
- We build the Website on Shopify. For enriching and perfecting user experience, we use the following cookies provided by Shopify:
sign-up and authentication:
- storing your preferences and settings:
- user-input function:
- For analytics purpose and to provide you with personalized advertising services and other functions, we use the following cookies of third parties to optimize your experiences in using our Product and Service:
- targeting and advertising:
- offering discounts:
- You can configure cookies settings by accessing the browser you install to accept, block or delete some or all of cookies (for example, third-party cookies). If you choose to block cookies, you may not be able to use some features of our Product and Service.
- How to configure cookies settings?
The functions of cookies settings may vary according to the type and version of browser you install. We try to list common types of browsers as following. You may refer to the following linkage to learn how to control your cookies settings through such browsers. The content in the following linkage is English. For your easier reading, please find the language option in the following linkage to select your preferred language. Also, if you do not use anyone of the following browsers, or the content in the following linkage is removed or not accessible, please visit those browsers’ privacy-related statements or support pages for further information. You may also refer to https://www.aboutcookies.org/ (the content in this linkage is English) which introduces how to manage your cookies settings through various browsers.
- How to control your cookies settings through Google Chrome browser：https://support.google.com/chrome/answer/95647?hl=en
- How to control your cookies settings through Microsoft Internet Explorer browser：https://support.microsoft.com/en-us/help/278835/how-to-delete-cookie-files-in-internet-explorer
- How to control your cookies settings through Mozilla Firefox browser：https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
- How to control your cookies settings through Apple Safari browser：https://support.apple.com/kb/PH21411?locale=zh_TW&viewlocale=en_US
- Google AdWords
Google AdWords service is provided by Google Inc. You may disable Google Display Advertising and customize the ads served by Google Display Network by visiting the Google Ads Settings webpage (http://www.google.com/settings/ads). Google also recommends installing the Google Analytics Opt-out Browser Add-on using https://tools.google.com/dlpage/gaoptout for your web browser. Google Analytics Opt-out Browser Add-on allow the visitors to prevent their data from being collected and used by Google Analytics. For more information about the privacy practices of Google, please visit the Google Privacy & Terms webpage: http://www.google.com/intl/en/policies/privacy/.
- Facebook remarketing service
Facebook remarketing service is provided by Facebook Inc. You can learn more about interest-orientated ad serving from Facebook by visiting this page: https://www.facebook.com/help/164968693837950. To opt-out from Facebook's interest-orientated ads, please follow the instructions from Facebook as set forth in https://www.facebook.com/about/ads/#568137493302217. Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from the ads from Facebook and other participating companies through the Digital Advertising Alliance in the USA (http://www.aboutads.info/choices/), the Digital Advertising Alliance of Canada in Canada (http://youradchoices.ca/) or the European Interactive Digital Advertising Alliance in Europe (http://www.youronlinechoices.eu/), or opt-out using your mobile device settings. For more information on the privacy practices of Facebook, please visit Facebook's Data Policy webpage: https://www.facebook.com/privacy/explanation. If you agree with this Policy, you agree that we collect, process or use your personal data as set forth above.
- When you provide your personal data to Yunyun in order to use our Service and Product, you are entitled to the following rights according to Article 15 to 22 of the GDPR:
- right of access;
- right to rectify and erase (to be forgotten);
- right to restriction of processing;
- right to data portability;
- right to object;
- right to restriction of automated decision-making, including profiling.
How to exercise the right?
When you want to exercise the rights listed above, please contact us at firstname.lastname@example.org with your name, address, phone number, account number, and photo identification, and we will contact you if necessary. Your request will be handled as soon as your identity is verified. However, we may not be able to fulfill your above requests in one of the following circumstances:
- for legitimate business purposes;
- unreasonably repetitive requests that require disproportionate technical efforts and resources, for example, developing a new system or fundamentally changing the current practices;
- potentially risks on the privacy of others.
While Taiwan has the single principle data protection legislation (Taiwan Personal Information Protection Act), there is no plenary data protection regulator. Therefore, in Taiwan, you may refer your complaint to the government authority in charge of subject industry at the central government level, municipality directly under the central government, or county or city government according to the situation.
You may refer your complaint to the relevant regulator in your jurisdiction. For example, in the UK, you can contact the Information Commissioner’s Office (ICO) at https://ico.org.uk/.
While the United States has no single principle data protection legislation and plenary data protection regulator, the Federal Trade Commission (FTC) often set the tone on federal privacy and data security issues. Therefore, in the United States, you may refer your complaint to FTC at https://www.ftc.gov/faq/consumer-protection/submit-consumer-complaint-ftc.