XCMG GLOBAL CRM APP Privacy Policy

Effective Date: July 4, 2024

Special Notice

When you use the products and/or services of XCMG (Hong Kong) International Trading Co., Ltd.[KWM1] (hereinafter referred to as “we” or “the Company”), we may collect and use your relevant personal information. We will protect the security of your personal information in accordance with the laws and regulations of the United States. Through this “XCMG GLOBAL CRM APP Privacy Policy” (hereinafter referred to as “this Policy”), we aim to inform you about how we collect, use, store, and protect your information when you use our products and/or services, as well as the ways we provide for you to access, update, delete, and protect such information.

You must ensure the authenticity, accuracy, and validity of the personal information you provide to us. This Policy also applies to the personal information of others (such as your family members and emergency contacts) that you provide to us. You must ensure that you have obtained full authorization from the personal information subject for providing us with the personal information of others. The processing of the aforementioned information to achieve the purposes outlined in this Policy will not result in any violation of relevant laws and regulations, nor constitute any breach of contract towards you or any related third parties. If any third party brings a lawsuit or arbitration against you for providing us with the personal information of others or our processing of such information within your authorization scope and for the purposes described in this Policy, you shall be responsible for defense and assume full liability for damages, and shall not claim compensation from us at any time based on any reason.

Unless otherwise agreed, this Policy does not apply to products and/or services independently provided for you by third parties accessed through our products and/or services. Please note that if you provide your personal information to a third party while using its products and/or services, your information will be subject to the privacy statement or similar policy of the third party. We will not assume any legal responsibility for any third party’s improper use or disclosure of the information provided by you.

You shall carefully read and abide by all the contents under this Policy, and start using relevant products and/or services only after confirming that you have fully understood and agreed to them, especially those clauses involving exemption or limitation of liability, which may be highlighted in boldface or underlined form. By initiating the use of the relevant products and/or services, you are indicating that you have thoroughly understood and agreed to this Policy.

This Policy Will Help You Understand the Following:

I. The Personal Information We Collect

II. How We Use Your Information

III. How We Share Your Information

IV. How We Store Your Personal Information

V. How We Protect Your Personal Information

VI. How We Process Personal Information of Minors

VII. Your Rights

VIII. How This Policy is Updated

IX. How to Contact Us

I. The Personal Information We Collect

We will follow the principles of legality, legitimacy and necessity to collect your personal information. Your refusal or request to restrict the processing of certain personal information may result in us being unable to achieve the relevant processing purposes, thereby affecting your personal rights and interests. Please note that the types and categories of personal information listed below are not exhaustive. We may make adjustments from time to time based on the needs of providing you with products and/or services, in which case we will seek your consent again.

1. Information You Provide to Us

Contact Information

This includes your name and contact details (phone number, email address).

Images and Information Shared Through Our Services

This includes any pictures you share through our services and the information contained within those images.

2. Information Collected Automatically

Device or Software Information

This includes your configuration information, your IP address, and the version and device identifier of your mobile device.

Please note that if you provide others’ personal information, before you provide us with such personal information, please make sure that you have obtained legal authorization and that the other party is aware of and agrees to be bound by this policy, and that you will be held responsible for any damages caused to the other party as a result of the information you provide. At the same time, if others suggest otherwise or indicate to us that they do not wish to be bound by this policy, we will delete the relevant information.

II. How We Use Your Information

We will follow the principles of legality, legitimacy and necessity to use your personal information for the following purposes and circumstances. Your refusal or request to restrict the processing of certain personal information may result in us being unable to achieve the relevant processing purposes, thereby affecting your personal rights and interests.

Contacting and Providing Subsequent Business Support

In order to get in touch with you and provide you with follow-up business support, we may collect your (as a corporate customer contact or natural person customer) name, contact information (phone, email).

Uploading On-site Service Photos

To provide you with the aforementioned business functions, we may need to access certain device permissions to collect corresponding personal information. We may need to access the camera permission to help you upload on-site service photos. Additionally, we may need to access log information.

III. How We Share Your Information

Please be aware that we may not share your personal information with third parties without your consent. However, under legal circumstances, we may share your personal information according to laws and regulations or as requested by administrative or judicial organs.

We may disclose any of the aforementioned information to respond to subpoenas, court orders, legal process, law enforcement requests, legal claims, or government inquiries, and to protect and defend the rights, interests, safety, and security of the App, our affiliates, users or the public. We may also share any of the aforementioned information to enforce any terms applicable to the App, to exercise or defend any legal claims, and comply with any applicable law.

IV. How We Store Your Personal Information

Your personal information will be stored on servers located in the United States. We will not transfer your personal information outside the United States or allow your personal information to be accessed from outside the United States.

We retain information for as long as necessary to provide the App and for the other purposes set out in this Policy. We also retain information when necessary to comply with contractual and legal obligations, when we have a legitimate business interest to do so (such as improving and developing the App, and enhancing its safety, security and stability), and for the exercise or defense of legal claims. The retention periods are different depending on different criteria, such as the type of information and the purposes for which we use the information.

After the retention period expires, we will delete the personal information we have collected from you or anonymize it, or process it as otherwise permitted by laws and regulations.

If you deactivate your account or request the deletion of your personal information, we will cease the use of your personal information in accordance with legal requirements and proceed with deletion or anonymization.

V. How We Protect Your Personal Information

In order to cope with possible security risks such as leakage, damage and loss of personal information, we have issued relevant protection systems within the Company, including internal processing procedures and remedial measures.

Once a personal information security incident occurs, we will promptly inform you of the basic situation and risks of the security incident, measures that we have taken or will take, suggestions on how to reduce risks on your own, etc. At the same time, we will also notify the regulatory authorities of safety incidents in a timely manner according to the requirements of laws and regulations.

VI. How We Process Personal Information of Minors

XCMG GLOBAL CRM APP is intended for use by adults only. Any child under the legal age is not permitted to register for or use the XCMG GLOBAL CRM APP services.

Before collecting and using the personal information of minors, we will obtain your separate consent or that of other guardians. We will only collect and use the personal information of minors when permitted by laws, with your or other guardian’s separate consent or necessary for the protection of minors.

VII. Your Rights

Right to know what personal information we collect and right to correct

You have the right to request details on the specific personal information we have collected about you and the right to correct inaccurate information. You can get this information by contacting us.

Right to delete

You have the right to request deletion of your personal information, unless an exception applies. Examples of exceptions include when we need to keep data to meet legal obligations.

Right to get a timely response

You have the right to make free requests. We will respond to your request in a timely manner.

Right of non-discrimination

We will not hold it against you when you exercise any of your rights. In fact, we encourage you to review your privacy settings closely and reach out to us with your questions.

VIII. How This Policy is Updated

We may change or modify this Policy in the future to better provide services or reflect changes in our processing of personal information. If there are any changes to this Policy, we will publish a notice. If the change or modification causes substantial changes to your rights under this Policy, we will provide notice to you and obtain your consent again by means that we deem appropriate.

Please be aware that we have the right to process your personal information for legal reasons without obtaining your consent, including but not limited to performing contractual obligations, fulfilling statutory obligations or other circumstances stipulated by laws and regulations.

To better protect your personal information, we suggest you to check our latest privacy policy and to read the updated privacy policy completely. If you do not agree with any content of the revised privacy policy, you shall immediately choose to stop using our services; otherwise, it will be deemed that you agree to accept the revised privacy policy.

IX. How to Contact Us

If you have any questions, comments, or suggestions regarding this Policy or related matters, or if you wish to exercise any of your rights towards us or our overseas affiliates, raise questions regarding the processing of personal information, or file complaints, you may communicate with our representatives or contact us by email at [please fill in the email address][KWM2] .