EMQ Privacy Policy

Effective Date of this Version: August 13, 2021

Introduction

This EMQ Privacy Policy (this "Policy") applies to the functions, products and/or services provided for the users ("You") by EMQ Inc. ("We" or "EMQ") through its service platforms(including, but without limitation to, the https://www.emqx.com/en website, WeChat public account, mini program, App, cloud service platform, collectively, the "EMQ Service Platform". We would like to remind you that before using the functions, products and/or services of the EMQ Service Platform (the "Services"), you are advised to carefully read and fully understand the meanings and contents of this Policy. By clicking to confirm or elect to use the Services or otherwise elect to accept this Policy, you have fully read, accurately understood and accepted all the provisions of this Policy and agreed with EMQ thereon. If you have any questions, comments or suggestions regarding the contents of this Policy, you may contact us at EMQ's customer service number 400-696-5502, or through "Contact Us" on the EMQ’s official website at https://www.emqx.com/en/contact.

This Policy describes how we collect, use, store and disclose your personal information and how you may manage your personal information.

You can also download a copy of this Policy on the EMQ’s official website at https://www.emqx.com/en/privacy-policy.

This Policy is relevant to your use of the various business functions included in the Services and we will endeavor to use clear and concise wordings in order for you to easily understand, and will remind you in a clearly noticeable manner to pay attention to and understand, the relevant provisions of this Agreement having a material interest with you. We suggest that before you use the Services provided by us, you should carefully read this Policy and confirm that you have fully understood this Policy (particularly those bolded, italicized and underlines provisions that are intended to draw your attention), and make the choice as you deem appropriate.

Table of Contents

  1. How We Collect Your Personal Information
  2. How We Use Cookies and Similar Technologies
  3. How We Store and Protect Your Personal Information
  4. How We Use Your Personal Information
  5. How We Disclose Your Personal Information
  6. How You Manage Your Personal Information
  7. How We Protect the Rights and Interests of Minors
  8. How This Policy is Updated
  9. Contact Us
  10. Scope of Application

I.How We Collect Your Personal Information

Subject to the principle of legitimacy, fairness and necessity, we collect and use your personal information according to the purpose, manner and scope as set out in this Policy. If we intend to use your personal information for purposes other than those set out in this Policy or use for other purposes the personal information collected for a particular purpose, we will notify you in a reasonable manner and seek your consent before using such personal information.

Please note that, if you provide the personal information about others (but not your own information), please make sure that you have obtained the authorization or consent of the relevant parties.

  1. The circumstances in which personal information is collected

    If you need to receive or have access to any technical support, assistance, interactive services, community discussions, etc. when you register an account with the EMQ service platform or use the Services provided by us, you may actively provide us with your personal information. In order to provide you with our services, we may, subject to this Policy, collect the personal information actively provided by you and any other personal information actively collected by us. The details are as follows:

    1. When you register, create, log in an EMQ account or comply with legal and regulatory requirements for a real name system, we may collect your name, email address and phone number.
    2. When you use the EMQ Service Platform to seek product advice and/or service support and to fill out our online forms or communicate with our support team, we may collect your name, company, email address and phone number in order to better resolve or respond to your request and to contact you.
    3. When you use the community discussion services provided by the EMQ Service Platform (such as giving comments, participating in discussions), we may collect your email address, WeChat account number, mobile phone number and your comments.
    4. In the course of your use of our Services, in order to receive and record your use of our Services and to improve your user experience, suitability and security in connection with your use of our Services, we may collect your device model number, device identifier, MAC address, IP address, wireless connection information, operating system type and version, browser type and version, mobile network information, device location and region information, as well as your access, clicking, downloading, sending/receiving messages and other log information relating to the use of the EMQ Service Platform.
    5. In order to enhance your service experience and improve the service quality, or to recommend you the better and more appropriate personalized service, we will collect the records concerning your use of our services, the information you provide when you contact the customer service team and the information you send to us when you participate in the questionnaire. If you do not agree to our collection of such information, your use of the other functions provided by us will not be affected.

    If the Services that we provide to you require indirect access to your personal information from a third party, we will request the third party to explain the source of your personal information and confirm the legality of such personal information, and confirm that the authorized scope for the processing of personal information has been obtained by the information provider (including the purpose for which such personal information is used), and confirm whether you have authorized or agreed to the transfer, sharing or public disclosure of personal information. If the processing of personal information required by us for carrying out our business is beyond the authorized scope agreed when you originally provide personal information for third parties, we will seek your explicit consent before processing such personal information, unless otherwise provided by laws and regulations.

  2. The circumstances in which personal information is collected and used without your consent

    In accordance with relevant laws, regulations and national standards, we may collect and use your personal information without your consent under any of the following circumstances:

    1. When it relates to our performance of the obligations as stipulated by laws and regulations.
    2. When it is directly related to national security or national defense.
    3. When it is directly related to public security, public health, or major public interests;
    4. When it is directly related to a criminal investigation, prosecution, trial or execution of judgments;
    5. In order to protect the vital legitimate interests of you or of other individuals, such as right of life and property, while it is difficult to obtain the consent of the individual concerned.
    6. When the personal information is disclosed to the public by yourself.
    7. When it is necessary to enter into and perform contracts in accordance with your requirements.
    8. When the personal information is collected from legally and publicly disclosed information, such as legitimate news reports, government information disclosure, etc.
    9. When it is necessary for maintenance of the safe and stable operation of the products or services provided, such as the detection, handling of malfunctions in the products or services, and the identification, handling of fraud or embezzlement in financial products or services.
    10. Other circumstances provided in laws and regulations that do not require your consent.

II.How We Use Cookies and Similar Technologies

  1. When you use the EMQ Service Platform and the Services, we may save your login status and assign you one or more small data files called Cookies. For example, when you access a message or service that requires your login, we encrypt and store your login name in a Cookie file on your computer. Because it is irreversible encrypted storage, your login name cannot be recognized even if others use that computer. You do not need to do anything extra, and all the collection, storage and encryption work is done automatically by the system.
  2. The Cookie file will be stored on your computer hard disk or on the flash memory of the device terminal, and it will only be read by the server on which it is set up and will not execute any code or virus. You can delete it at any time by using your browser or operating system software.
  3. Cookies are enabled for the following purposes: to improve the user experience, and with Cookie, the website can remember your single or multiple visits and save settings, which means you do not have to reconfigure your preferences on each visit; and to optimize advertising, and we may show you the product or advertising information that may be of interest to you based on the statistics of your visits to the relevant websites. These statistics do not include any of your personal information, and may be used to assess the effectiveness of advertisements. Technologies such as Cookie help us to provide you with ads that are relevant to you based on your information rather than to conduct general ad placement.
  4. EMQ will not use Cookie for purposes other than those described in this Policy. You may manage or delete Cookie according to your preference. When you visit our official website, you may also choose via your browser the options of "DO NOT USE COOKIE" or "NOTIFY ME IN ADVANCE WHEN COOKIE IS USED" to disable Cookie, but your choice to do so may affect your use of the EMQ Service Platform, or you can't get faster and more secure, smooth, personalized services. However, this will not affect your normal use of other services provided by us.
  5. Please note that the third-party website operators you visit, the third-party services you access through the EMQ Service Platform and the third parties that receive your personal information from EMQ may have their own privacy policies; when you view web pages created by third parties or use applications developed by third parties, these third parties may place their own Cookie. The collection and use of personal information by these third parties through Cookie is not subject to our control or to this Policy, but is subject to the privacy policy of these third parties. We will endeavor to require these third parties to protect your personal information. We recommend that you carefully read and decide whether or not to be bound by the privacy policies of the third party before using the services provided by the third party through Cookie. If you find that there are risks in the web pages created by such third parties or in the applications developed by third parties, you are advised to terminate such operations so as to protect your legitimate rights and interests.

III.How We store and Protect Your Personal Information

  1. Storage location and term

    1. Subject to laws and regulations, we will store within the People’s Republic of China your personal information collected in the People’s Republic of China and will keep such personal information strictly confidential in accordance with laws. If some products involve cross-border business and we need to transfer relevant user’s personal information collected in the PRC to offshore entities, we will notify you of the purpose of such offshore transfer, the types of personal information involved, the identity of the recipient and its data security capabilities and any possible security risks, in accordance with laws, administrative regulations and rules of relevant regulatory authorities, and we will also obtain your consent to such offshore transfer. The obligations and responsibilities of each party shall be specified by entering into agreements, monitoring checks, security audits, etc., and we will require foreign entities to keep the personal information obtained confidential. We will also comply with laws, administrative regulations and relevant standards, such as conducting safety assessments in advance.
    2. In general, we retain your personal information for the shortest period of time as required only for the purpose of collection and for such period as may be required by laws, regulations and regulatory requirements. We will delete or anonymize your personal information when the retention period has expired.
    3. If we terminate the Services or operation, we will notify you in advance and delete or anonymize your personal information after the termination of the Service or operation, unless otherwise required by national laws and regulations, rules, governing documents or government policies or orders and unless your personal information is retained in order for us to perform compliance obligations. For the avoidance of doubt, our removal or anonymization of your personal information in the event that the Services cease to operate does not affect the continued processing by our affiliates of your personal information with your consent or your continued use of the services provided by such affiliates.
  2. Information security

    1. In order to safeguard your information security, we will use a variety of security measures to protect information security within reasonable security levels, and will take technical and administrative security measures to reduce loss, misuse, unauthorized access, risks of disclosure and changes. Among them, technical means include, but are not limited to, transport layer data encryption (e.g., TLS, SSL), firewalls and encrypted storage, physical access control and information access authorization control; we also have in place the relevant systems, processes and organizations to safeguard information security.
    2. In the event of a security incident such as disclosure of personal information, we will initiate a contingency plan to prevent the worsening of the security incident and notify you in the form of push notice, announcement, etc. We will also report the handling of the personal information security incident as required by laws and regulations or as required by regulatory authorities.
    3. When using the EMQ Service Platform, you should safekeep your account and its password and other identity authentication elements and we will identify you through your account and its password or other identity authentication elements. If you disclose the EMQ Service Platform account and its password or other identity authentication elements, you may lose your information and there may be legal consequences detrimental to you. If you find that the EMQ Service Platform and its password or other identity authentication elements have been or will be leaked for any reason, you should immediately contact us so that we can timely take appropriate measures to prevent or mitigate any losses.

IV.How We Use Your Personal Information

We may use the information we collect in relation to you for the following purposes:

  1. To provide you with our Services (including the services described in "I. How We Collect Your Personal Information").
  2. To Report to the relevant authorities as required by relevant national authorities.
  3. When you use our Services, we use your information for identity authentication, customer service, security prevention, fraud/theft/suspicious transaction or monitoring, preventing or prohibiting of illegal activities, mitigation of risks and preventing of risks transfer, archiving and backup purposes, so as to ensure the safety of the products and services provided by us to you.
  4. To carry out the comprehensive statistics, analysis, processing or other processing of your personal information, etc., by means of de-sensitization, de-identification or anonymization (please understand that, after anonymization of personal information, the personal information subject cannot be identified based on the anonymized information, so such anonymized personal information does not belong to personal information), in order to provide you with more accurate and convenient services or to assist us in evaluating, improving, designing services and operational activities, or provide you with service status notifications, queries, etc., and maintain and improve such functions on an ongoing basis. If you believe that the above manner of service or operation is disturbing you, the exit or un-subscription methods can be seen in "VI Changes to the scope of your authorized consent" of this Policy.
  5. To help you understand the details of our Services, we will use one or more of EMQ Service Platform, telephone, email, SMS, WeChat Public Account, client-end messages, etc., to send you the notice of status of the Services, or to make a marketing promotion or to send other commercial electronic information or to invite you to participate in a survey on our products and services. If you believe that the foregoing is disturbing you, please un-subscribe or exit as indicated in the notice or message. Please also refer to "VIChanges to the scope of your authorized consent" of this Policy.
  6. In order to defend your or our interests or to resolve disputes relating to you.
  7. Other uses authorized by you. If we intend to use your personal information for purposes other than those set out in this Policy or to extend beyond the claimed purposes for which it is collected to the extent that it is directly or reasonably connected, we will, before using your personal information again, re-seek your consent in the form of a click confirmation agreement, a click confirmation action or a pop-up prompt in a specific scenario, as required by laws and regulations and national standards.

V.How We Disclose Your Personal Information

  1. Delegate processing

    In order to improve the quality and efficiency of information processing and reduce the cost of information processing, we may commission competent partners to process information on our behalf. We will comply with the relevant provisions of laws and regulations regarding delegate processing, fully review and assess the ability of such cooperation agencies to protect personal information, and require the cooperation agencies to comply with strict confidentiality obligations by means of written agreements, audits, etc. We will employ the technical means to de-sensitize personal information subject to delegate processing and will prohibit such information being used for purposes other than those authorized by you or in compliance with laws and regulations. In the event of the dissolution of the delegate relationship, we will require the cooperation agencies to cease keeping the relevant information.

  2. Share with third parties

    We will not share your personal information with third parties unless we obtain your authorized consent or such information falls under "an exception to prior authorized consent for the sharing, transfer, public disclosure of personal information". We only share your personal information with third parties, including our affiliates, partners, suppliers, service providers and other partners, under the following circumstances. When providing information to a third party, we will continue to follow the principle of legitimacy, fairness and necessity and share your personal information for the specific purpose and to the extent necessary, and require such third party to take administrative and technical measures to protect your personal information and strictly comply with laws, regulations and regulatory requirements, by entering into relevant agreements with third parties. We will obtain your prior consent or confirm that the third party has obtained your consent as required by laws, regulations and national standards.

    1. With your explicit consent, we will share your personal information with third parties.
    2. We may, in accordance with applicable laws and regulations, dispute settlement procedures such as litigation, arbitration, or upon the request of the relevant regulatory authorities in accordance with laws, share your personal information with administrative authorities, judicial authorities, law enforcement bodies or other regulatory authorities or third parties.
    3. Your personal information may be shared in order to comply with our obligations or rights under the EMQ Terms of Service and/or this Privacy Policy.
    4. We may commission trusted partners to provide services or support, and therefore we may share your personal information with such partners to provide better customer service and optimize user experience; such services or support may include the provision of basic technical services, the provision of professional services such as consultation and analysis; such partners are not entitled to use the shared personal information for any other purpose.
    5. Share your personal information with third parties in accordance with other agreements or information sharing agreements separately concluded with you.
    6. Transfer copies of your personal information to designated third parties upon your legal request or with your explicit consent.
  3. Transfer

    We will not actively transfer your personal information to a third party, except in the following cases:

    1. Your explicit consent has been obtained for the transfer of your personal information;
    2. If your personal information is required to be transferred according to laws and regulations and requirements of competent authorities.

    In connection with a merger, division, acquisition, transfer of business/assets, business/asset reorganization or insolvency liquidation, if the transfer of your personal information is involved, we will notify you of any such transfer and require new companies or organizations holding your personal information to continue to be bound by this Policy. In the event of any change to the purpose for which your personal information is used, we will require such companies or organizations to obtain your explicit consent again.

  4. Public disclosure

    In principle, we will not disclose your personal information publicly to the public and, if such public disclosure is authorized by law or reasonably necessary, we will notify you of the purpose of such public disclosure, the type of information disclosed and the sensitive information that may be involved, and will seek your explicit consent in connection therewith.

  5. Exceptions to prior authorization for the sharing, transfer and public disclosure of personal information

    In accordance with relevant laws, regulations and national standards, the prior authorization of the personal information subject is not required for the sharing, transfer and public disclosure of personal information under any of the following circumstances:

    1. When it relates to our performance of the obligations as stipulated by the States laws and regulations and by regulatory authorities.
    2. When it is directly related to national security or national defense.
    3. When it is directly related to public security, public health, or major public interests.
    4. When it is directly related to a criminal investigation, prosecution, trial or execution of judgments.
    5. In order to protect the vital legitimate interests of personal information subjects or of other individuals, such as rights of life and property, while it is difficult to obtain the consent of the individual concerned.
    6. When the personal information is disclosed to the public by yourself, or when the personal information is collected by us from legally and publicly disclosed information, such as legitimate news reports, government information disclosure, etc.
    7. Other circumstances provided in laws and regulations.

VI.How You Manage Your Personal Information

We value your interest in personal information and do our utmost to protect your rights to access, change or delete personal information, or to withdraw your consent and cancel your account. In the course of your use of our Services, we have provided you with the appropriate operating settings to make it easier for you to exercise these rights, and you can refer to the instructions below.

  1. Access and change your personal information

    1. In accordance with the provisions and requirements of applicable laws and regulations, we guarantee that you will exercise the following rights in respect of your information collected by us:
      • Have access to your personal information held by us;
      • Require us to change any incorrect or inaccurate personal information about you;
      • Require us to delete your personal information in accordance with the mandatory provisions of applicable laws and regulations.
    2. In the course of your use of our Services, if you need to access your personal information in our possession, or if we find that there is an error in your personal information collected and stored by us, you may access and change (modify) your personal information via https://www.emqx.com/en/settings/profile.
  2. Delete your personal information

    Information that you can remove or delete directly from our Services page, including community discussions. Under any of the following circumstances, you may contact us by using the contact details as set out in "IX Contact Us" of this Policy, and then request us to delete personal information:

    1. We collect and use personal information in violation of laws and regulations or any agreement concluded with you.
    2. We share and transfer your personal information with third parties in violation of laws and regulations or any agreement concluded with you, and we will immediately cease sharing and transferring your personal information and notify the third party of promptly deleting personal information.
    3. We disclose your personal information publicly in violation of laws and regulations or any agreement concluded with you, and we will immediately cease such disclosure and deliver notices requiring the relevant recipient to delete the corresponding information.
    4. If you cease using our products or services, or you cancel your account, or we terminate the services and operations.
  3. Change the scope of your authorized consent

    1. Ad unsubscribe: If you do not wish to receive an advertisement sent to you, you may "unsubscribe" or "cancel subscription" according to the methods provided in the Ad notice and the relevant prompts.
    2. Marketing SMS: If you do not wish to receive a marketing SMS from us, you may unsubscribe according to the method provided in the SMS.

    Please understand that each business function requires some basic personal information to be completed and that upon the withdrawal of your consent or authorization, we will not be able to continue to provide you with services corresponding to the withdrawal of your consent or authorization, but this will not affect other services we provide to you based on your decision not to withdraw your consent or authorization. In addition, your decision to withdraw your consent or authorization will not affect the processing of personal information previously performed pursuant to your authorization.

  4. Cancel the account

    1. If you need to cancel your EMQ Services Platform account, you may contact us by using the contact details as set out in "Part IX Contact Us" of this Policy. In order to protect the legitimate rights interests of you or others, we need to verify your identity at the time of submission by you of your cancellation application, and you need to fill in the following information on the cancellation page: your name, mobile phone number/other identification numbers used by you when registering your account, your contact phones number and the reason for your cancellation, which are used to determine whether or not your cancellation request is supported, but we will not impose unnecessary or unreasonable conditions upon or obstacles to your cancellation.
    2. Upon cancellation, we will no longer collect, use or share personal information in connection with your account and the personal information in that account will be deleted or anonymized, unless otherwise required by laws or regulations or regulatory authorities.
  5. Respond to your request above

    If you are unable to access, change or delete your personal information according to the above methods, or you believe that we have breached laws or regulations or any agreement concluded with you regarding the collection or use of personal information, you may contact us by using the contact details provided in this Policy. For the sake of security, we may require you to provide a written request or otherwise prove your identity. Normally, we will accept your request within fifteen days of receiving your feedback and verifying your identity or within the time limit prescribed by laws and regulations. In principle, we do not charge any fees for your reasonable requests, but we will charge a fee as appropriate for repeated requests that exceed reasonable limits. We reserve the right to reject any request that is unnecessarily repetitive, requires excessive technical means, poses risks to the legitimate rights and interests of others or is very unrealistic. Notwithstanding the foregoing, in accordance with relevant laws, regulations and national standards, we may not be able to respond to your request under any of the following circumstances:

    1. When it relates to our performance of the obligations as stipulated by laws and regulations.
    2. When it is directly related to national security or national defense.
    3. When it is directly related to public security, public health, or major public interests.
    4. When it is directly related to a criminal investigation, prosecution, trial or execution of judgments.
    5. There is sufficient evidence that you have had subjective malice or abused rights.
    6. In order to protect the vital legitimate interests of you or of other individuals, such as rights of life and property, while it is difficult to obtain the consent of the individual concerned.
    7. Response to your request will result in serious harm to the legitimate rights and interests of you or of other individuals and organizations.
    8. When it relates to business secrets.

VII.How We Protect the Rights and Interests of Minors

You understand and agree that we will only provide the Services for the adults who have completed real-name registration and have full capacity for civil rights and full capacity for civil conduct and are able to independently assume civil liability as stipulated in laws. If you are a minor under the age of 18, we will not provide you with the Services (except for limited browsing without registration). If we find that we have collected the personal information of a minor, we will take the necessary steps to remove the information in a timely and proactive manner.

VIII.How This Policy is Updated

  1. Our Privacy Policy may be amended in due course, with effect from the effective date then announced. The amended policy will supersede the pre-amended version or form part of this Privacy Policy. In the event of a material change to this Policy, we will promptly update this Policy and promptly notify you in any of the following ways:

    1. Pop-up window or announcement prompt when you log in the EMQ Services Platform or use our Services.
    2. Short message notification, email (if provided by you) sent to you when you use our Services.
    3. Announcements made on the official page of the EMQ Service Platform, etc.

    Please carefully read the contents of the amended Policy. If you do not agree to the amended Policy or disagree with any changes or updates to this Policy, you may elect to discontinue the use of our Services or cancel your account. By continuing to use our Services, you agree to be bound by the amended Privacy Policy. Please also be aware that your actions and activities carried out prior to the cancellation of your account and prior to the discontinuing of use of the Services are still subject to this Policy.

  2. Material changes to the Privacy Policy include, but are not limited to, the following:

    1. There have been significant changes to the model of the Services provided by us, such as the purpose for which personal information is processed, the type of personal information processed, the manner in which personal information is used, etc.
    2. There have been significant changes to our ownership structure and organizational structure, such as changes to the owners caused by business restructuring, bankruptcy merger & acquisition, etc.
    3. There have been changes to the principal targets for the sharing, transfer or public disclosure of personal information.
    4. There have been significant changes to your rights to participate in the processing of personal information and the manner in which you exercise such rights.
    5. There have been changes to our department responsible for personal information security, its contact details and complaint channels.
    6. When a personal information risk assessment report indicates high risks.

IX.Contact Us

We have established a personal information protection agency, and if you have any questions about this Policy or have any related complaints or opinions, you may contact us via one or more of the following ways:

  1. Contact us at 400-696-5502
  2. Send your question to contact@emqx.io.
  3. Send your questions to the usual business address: 3-A-303, No. 88, Longyuan Road, Cangqian Neighborhood, Yuhang District, Hangzhou

We will review your inquiry as soon as possible, and will respond within fifteen days after verifying your user identity or within the time limit prescribed by laws and regulations.

X.Scope of Application

  1. This Policy applies to the functions, products and/or services provided to you by the EMQ Service Platform.
  2. In particular, this Policy does not apply to the services provided to you by EMQ partners or other third parties. EMQ may also contain links to other websites. We will take any necessary steps to review the relevant websites in accordance with the requirements of laws and regulations (including examining the basic qualifications of the website operators, making reasonable and preliminary identification of the security of the relevant websites by using technical means, and urging those website operators to protect your personal information in accordance with the requirements of laws). However, we cannot guarantee that the operators of such linked sites will take protective measures in accordance with our requirements. If you use the products or services of third parties in the course of use of the Services, we recommend that you check the privacy policies of those websites to see how they handle your personal information before you make prudent decisions.

EMQ Technologies Co., Ltd.