Applicable for: The Xuena Global e-Mall (Included WEB/APP)
Edition： 02 (202010)
INTRODUCTION AND DEFINITIONS:
(2) The Xuena e-Commerce Platform means the Cross-Border e-Commerce Platform supported by internet information services and related software, and technical back-up from Xuena and its affiliates, included but not limited to the Xuena Websites, Online Mall, Mobile APP and Mini Program e-Shop (Included the Third Party Mini Program e-Shop for the Merchant) etc.
(3) Unless otherwise stipulated, the definitions used in this Policy have the same meaning as in the “Terms and Conditions for Use of the Xuena e-Commerce Platform (The Global Sales)”.
(4) Please peruse carefully, thoroughly understand, and agree this Policy before purchasing the Commodities or using the Services from Xuena. Once you start purchasing the Commodities or using the services in Xuena, it deems you fully understand and agree to this Policy.
1.This Policy Scope and Amendments
1.2.You understand and agree that Xuena will make changes to this Policy according to our business development and we will post an updated version on our platform website. Please review this Policy from time to time. If you have any questions or disagree with the contents relating to this Policy, you can stop using our services. Otherwise, you are deemed to have agreed and fully accepted the updated version of this Policy.
2.Collection and Use of Personal Information
2.1.Personal information in this Policy refers to all kinds of information recorded by electronic or other means that can be independently or combined with other information to identify the personal identity of user natural person. Sensitive Personal information in this Policy refers to the information that may endanger personal and property safety, easily lead to damage to personal reputation, physical and mental health or discriminatory treatment once disclosed, illegally provided or abused. In particular, this includes identity card numbers, personal biometric information, bank account numbers, property information, whereabouts, and transaction information. Independent device information, log information, search keyword information, and other information or data that cannot be directly linked to a specific individual are not considered as personal or personally sensitive information.
2.2.You fully understand and agree that, in order to realize the functions necessary for the online shopping, optimize our Commodities and/or services provided by us and ensure the safety, you should authorize Xuena to collect and use your following information:
2.2.1.Information required for the Member Registration
We provide you with the basic membership services through the Xuena Member Account. In order to register as the Xuena Member and use our services, you need to provide: Your Email address and Password for creating the Xuena Member Account. If you only need to browse and search services, you do not need to register as our member and provide the above information.
After you have the Xuena Member Account, we will display your above personal information in the services of the Xuena e-Commerce Platform, including the centralized display of your personal data, preferential benefits, and transaction orders, etc. through the Xuena Member Account. We will respect your choice of the Xuena services and the Xuena Member Account settings.
(2)Account Information Display:
2.2.2.Information Required for the Commodities and/or the Services Demonstration
To provide you with a proper interface presentation and search results that better match your needs, we will collect and correlate information about the services you use and how you use them, including:
(1)Devices Information: Xuena may request for the authority to access device information that you use when using or accessing the Xuena e-Commerce Platform, including but not limited to information of device type, device model, device settings, device identification code, operating system and application version, language settings, resolution, NIC address, mobile application column, hardware & software characteristics and equipment environment, and device location-related information (including your authorized GPS location and sensor information such as WLAN access points, Bluetooth, and base stations) ; and
(2)Log Information: The system may automatically receive and record your browser and information on your computer (including but not limited to IP address, browser type, search history, browsing history, browsing habits, language used, visiting date and time, telecom operators and web pages recording your needs) when you use or access the Xuena e-Commerce Platform or Xuena services.
2.2.3.Information Required for Transaction and After Sales Services
When you order to purchase the Commodities/services from the Xuena e-Commerce Platform, our system will generate your Order(s) to complete the purchase. You need to fill in at least your name or Consignee's name, receiving address and Consignee’s telephone number in the order, which will also be included in the order number, information about the Commodities or services you purchased, ordering time, group time, the amount you actually paid for the Commodities and the payment method you adopted. According to the characteristics of some specific Commodities, services and the requirements to comply with law, you may also need to provide the relevant identity information (such as your identity card, passport or relevant document number), email address, your own photos or video. You understand and agree that we will use your order information for your identity verification, transaction confirmation, payment and settlement, order inquiry, Customer Services Consultation and After Sales Services, etc. We may also use your order information to determine if there is an unusual situation of your transaction to protect your transaction security.
After you placing an Order, you can choose the payment services provided by the third-party payment agencies (including but not limited to: Alipay, WeChat Pay, UnionPay and other payment channels, hereinafter referred to as the “Payment Agency”) that we cooperate with Xuena. Xuena will pass the Member’s Name of your Xuena Member Account, the corresponding payment account Member name, order payment related information, order security related equipment information and other necessary information required by anti-money laundering laws through the software tool development kit (SDK) and other methods to share with the Payment Agency. In order for Xuena to know and confirm your payment progress and status in a timely manner, and to provide you with After Sales and dispute resolution services, you agree that Xuena can collect information about payment progress from the Payment Agency.
In order to ensure the smooth, safe and accurate delivery of the Commodities and/or services you purchased, you understand and agree that Xuena will disclose Xunea Member’s Order-related Customs Declaration and delivery information to third-party Customs Declaration and Logistics Delivery Agencies (including but not limited to FedEx, SF, EMS, Yuantong, Shentong, Zhongtong, etc.) which provide Customs Declaration or Logistics Delivery services to Xuena. You realize and agree that the corresponding Customs Declaration and Logistics Delivery Agencies will inevitably know and use your Customs Declaration and delivery information for the purpose of completing delivery. If you refuse to share such information, Xuena will not be able to complete the relevant delivery services. In order for Xuena to know and confirm the delivery progress and status in a timely manner, and to provide you with After Sales and dispute resolution services, you agree that Xuena may collect and deliver progress-related information from Logistics Delivery Services Agency.
(4)Information Required for Customer Services and/or After Sales Services:
Xuena’s Customer Services and After Sales Services functions will use your account information and order information. To ensure the security of your account, Xuena’s Customer Services staff will use your account information to verify your identity. When you need Xuena to provide Customer Services or After Sales Services functions related to your order information, Xuena will check your Order information. Depending on the services content you requested, you may provide additional information other than the above information when communicating with Xuena’s Customer Services staff to assist them in completing the service you requested. In order to facilitate contact with you, help you solve the problem or record related solutions and results as soon as possible, Xuena may record your communication / call history and related content (including account information, order information, other information, or contact information you left).
(5)Information Required to Ensure Transaction Security:
In order to improve the security of your use of services provided by Xuena and our affiliated companies and partners, protect the personal and property safety of you or other users or the public from infringement, and better prevent phishing websites, fraud, network vulnerabilities, computer viruses, and cyber attacks Security risks such as network intrusion, and more accurately identify violations of laws and regulations or Xuena related agreements and rules. Xuena embed an application security SDK in the application to collect your device information, service log information, and may use or integrate your Membership information, transaction information, device information, service log information, and information that Xuena’s affiliates and partners have obtained from your authorized or shared in accordance with the law, to comprehensively judge your account and transaction risks, perform identity verification, detect and prevent security incidents, and take necessary recording, auditing, analysis, and disposal measures according to law.
2.2.4.Information Required for the Commodities and/or Services Optimization
Xuena may collect your order information, browsing history, browsing habits for data analysis in order to describe the user characteristics, to show you or recommend you are interested in the goods or services of information. In addition to the above information, Xuena may collect other information about you for the purpose of providing services or improving the quality of services, including information provided by you when contacting Xuena’s Customer Services and information sent to Xuena when you participate in the survey. Xuena may combine information from one service with information from other service to provide you with services, personalized content, and suggestions. For information collected from your various devices, Xuena may associate them so that Xuena can provide you with consistent services on those devices.
2.2.5.Information Required for Account Safety Protection
In order to improve the security of your use of Xuena’s services, and more accurately prevent phishing fraud and protect the security of your account, Xuena may access your order information, browsing history, browsing habits, frequently used software information, device information to determine the risk of your account, and may record some links (“URL”) that we think are at risk.
2.3.User can choose to authorize the Collection and Use of Information
To provide you with more high quality, satisfaction and personalized service, efforts to improve your user experience, Xuena may additionally collect and use your information. If you do not provide this information, you may still be able to access the services provided by Xuena, but you may not be able to enjoy the further customized user experience provided by providing these additional information.
Xuena may collect your location information to determine where you are and recommend the Commodities or services you can purchase in your area (Xuena only collect your geographical location at that time, and Xuena will not connect and combine your location information at different times to determine your whereabouts).
2.3.2.Information of Webcam (Camera) and Album (Photo Gallery)
Xuena may identify the Commodities or services you need to purchase through the photos or pictures you uploaded, or use the comment message that contains the photos or pictures you uploaded. Xuena will collect your face information when you log in or authenticate using face recognition.
2.3.3.Information of Microphone (Voice) Message
For better use of Xuena’s services, you may enable the microphone to communicate with Xuena, Xuena’s Merchant or other party, so we may collect your voice information to identify your needs.
Xuena may collect your contact information to make it easier for you to purchase the Commodities or services without manually entering your contact information. Subject to your consent or compliance with laws and regulations, Xuena will determine whether your contact person is also the Member of Xuena in order to establish contact for your communication at Xuena.
2.3.5.You understand and agree that, in the above circumstances, we may request the access to your location (location information), webcam (camera), album (photo gallery), microphone (voice), and address book on your device in order to collect and use the information involved. You can view the status of the above permissions item on your device and can turn them on or off, if applicable, at your discretion. When you enable any permission, you authorize Xuena to collect and use the information to achieve the corresponding target. Once you de-authorization the function, Xuena will not continue to collect and use this personal information, and Xuena will not be able to achieve the corresponding objectives of this authorization for you. However, your decision to de-authorization will not affect the collection, processing, and use of information previously based on your authorization.
You fully understand that, in accordance with the relevant laws and regulations, Xuena collect and use your personal information without the consent of your authorization:
(1)Related to national security and national defense security;
(2)Related to public security, public health and major public interests;
(3)Related to criminal investigation, prosecution, trial and execution of judgment;
(4)For maintenance or other personal information subject of individual life, property and lawful rights and interests, but it is hard to get the consent;
(5)The personal information collected is voluntarily disclosed to the public by you;
(6)Personal information collection from legally disclosed information, such as legal news reports, government information disclosure and other channels;
(7)Necessary according the requirements of your signed contract
(8)Necessary for the safe and stable operation of the Commodities or services provided, such as the detection and disposal of the Commodities or services failure;
(9)Necessary for lawful news reporting;
(10)When it is necessary for an academic research institution to carry out statistics or academic research based on public interests and to provide academic research or description results, the personal information contained in the results shall be de-identified; and
(11)Other circumstances stipulated by laws and regulations.
2.5.Third Party Information
(1)You understand and agree that, during the registration of your Member Account in Xuena and/or use of the services, you authorize Xuena to obtain relevant information collected from its affiliates and partners;
(2)If you log in Xuena via a third party account, Xuena can obtain the account information authorized by you that to be shared from the third party, and bind your third party account with your Xuena Member Account, so that you can log in and use our services directly through the third party account; and
(3)Information provided or shared by other User(s)/Member(s) may contain your information. For example, other User(s)/Member(s) may provide a logistics address or share content that contains your information.
2.6.Authorized Use of Member’s Information
In order to provide you with satisfactory and high-quality services, you understand, agree and authorize Xuena to use your information for the following purposes:
(1)Provide you with the services you use, and maintain and improve these services;
(2)Recommend to you with the content that you may be interested in, including but not limited to sending you the Commodities or services information, showing you personalized third-party promotion information through the system, or sharing information with Xuena's partners with your consent so that they can send you information about their Commodities and services. If you do not want to receive the above information, you can unsubscribe through the related function;
(3)Xuena may use your personal information to verify identity, prevent, detect, investigate fraud, compromise security, illegally or violate the agreements, policies or rules with us or its affiliates in the country or region where the User belongs to, in order to protect the legitimate rights and interests of you, other Xuena’s Member(s) / Consumer(s), or Xuena, or its affiliates in the country or region;
(4)Xuena may combine information from one service with information from other services to provide you with more personalized services;
(5)Xuena will collect the data of usage of Xuena’s services and may share these statistics with the public or third parties to show the overall usage trend of our Commodities or services. However, these statistics do not contain any identifying information about you;
(6)Invite you to participate in the survey of Xuena’s Commodities and services; and
(7)Other uses approved or authorized by you or permitted by laws and regulations.
3.1. You understand and agree that, in order to make your access experience easier for you, Xuena may collect and store relevant information when you visit the Xuena e-Commerce Platform or use Xuena’s Services, including using small data files to identify you, to understand your usage habits, to help you avoid repeating the steps of entering registration information, or to help judge the security of your account. These data files may be Cookie, Flash-Cookie, or other local storage provided by your browser or associated application (collectively referred to as the “Cookie”).
3.2. You understand and agree that some of Xuena’s services may be implemented only through the use of the Cookie. If permitted by your browser or browser add-on services, you may modify your acceptance of the Cookie or refuse to the Cookie from Xuena. However, the refusal of the Cookie from Xuena may, under certain circumstances, affect your safe access to the Xuena e-Commerce Platform and use of Xuena’s services.
3.3. You understand and agree that there may be some electronic images, called “Single-Pixel GIF Files”,“Web Beacon” or other similar technologies (collectively referred to as “Web Beacon”), during your visit to the Xuena e-Commerce Platform or use of Xuena’s services, which may help the website calculate the user browsing the web page or access certain Cookie. Xuena may collect information about your browsing activities through network beacon, such as the page address you visited, the page address you visited previously, the time you stayed on the page, your browsing environment and display settings.
ETag (Entity Tag) is the http protocol header transmitted between the Internet browser and the Internet server. It can replace Cookie. ETag can help us avoid unnecessary server load, improve service efficiency, save resources and energy. At the same time, Xuena may use ETag to record your identity so that Xuena can better understand and improve Xuena’s Commodities or services. Most browsers provide users with the function of clearing the browser's cached data. You can clear the data in the browser settings. However, please note that if ETag is disabled, you may not be able to enjoy a relatively better Commodities or Services experience.
4.Sharing, Transfer and Public Disclosure of the User/the Member Information
4.1.Sharing of the User/the Member Information
4.1.1.Xuena will not share your personal information with any person, company or organization other than Xuena, except:
(1)Subject to this Policy or with your prior express consent of authorization;
(2)As required by laws, regulations, legal procedures and administrative or judicial mandatory requirements applicable to the User's country or region;
(3)Within the scope permitted by laws and regulations, in order to protect the interests, property or safety of Xuena, its affiliates or partners, you or other Xuena User(s)/Member(s) or the public;
(4)To realize the core functions of Xuena’s services or provide the services requested by you;
(5)To deal with dispute or argument between you and others according to your needs;
(6)According to the provisions of the relevant agreement(s) or other legal document(s) signed with you;
(7)For the use of academic research; and
(8)Use it in accordance with the social and public interests stipulated by laws and regulations.
4.1.2. You fully understand and agree that Xuena may share your personal information with Xuena’s affiliates. However, we will only share necessary personal information and will be bound by the stated purpose of this Policy. If Xuena share your personally sensitive information or our affiliates want to change the use and processing purpose of the personal information, Xuena will seek your authorization again.
4.1.3. You fully understand and agree that Xuena may share your information with our partners (such as suppliers, Xuena’s Merchants, and Collaboration Partners which consigned Xuena for promotion for the Commodities, logistics, technology, advertising, etc.) or other third parties, so as to ensure the services to you can be smoothly provided. However, Xuena will only share your information for legitimate, legitimate, necessary, specific and specific purposes, and only share the personal information necessary to provide services.
Currently, Xuena’s authorized partners include the following types:
(1)Authorized Partners in Advertising and Analytics Services: Unless Xuena have your permission, Xuena will not share your personally identifiable information with partners who provide advertising and analysis services. Xuena will entrust these partners to process information related to advertising coverage and effectiveness, but will not provide your personally identifiable information, or Xuena will de-identify this information so that it does not identify you personally. Such partners may combine the above information with other data that they have legally obtained in order to execute Xuena’s commissioned advertising services or decision recommendations;
(2)Suppliers, service providers, and other partners: Xuena sends information to suppliers, service providers and other partners who support Xuena’s business. These supports include technical infrastructure services commissioned by Xuena, analysis of how Xuena’s services are used, measuring the effectiveness of advertising and services, providing Customers Services, payment facilities or academic research and surveys; and
(3)In order to enable you to receive information push, share information on third-party platforms, use map services, play videos and other necessary functional purposes, Xuena’s application will embed SDK or other similar applications from authorized partners. Xuena will conduct strict security checks on application program interfaces (API) and software tool development kits (SDK) for authorized partners to obtain relevant information, and agree on strict data protection measures with authorized partners to ensure that they comply with our entrusted purposes, service description, this Policy, and any other relevant confidentiality and security measures to process personal information.
You fully understand and agree that Xuena may exchange the User/the Member personal information with other companies or organizations to prevent fraud and other illegal activities and to reduce credit risk, but this does not include selling, renting, sharing or otherwise disclosing personal information for profit in violation of the commitments made in this Policy.
4.2.Transfer of the User/the Member Information
Xuena will not transfer your personal information to any person, company or organization except:
(1)Obtain your express consent or authorization in advance;
(2)As required by applicable laws, regulations, requirements of legal procedures, and mandatory requirements of administration or justice;
(3)According to the provisions of the agreement(s) signed with you or other legal documents; and
(4)Where cooperation, association, merging, acquisition, asset transfer or other similar transaction is involved.
4.3.Public Disclosure of the User / the Member information
Xuena takes the protection of your personal information very seriously. Without your consent, Xuena will not disclose it to an unrelated third party, as well as make it public, except for the following reasons:
(1)Obtain your express consent or based on your own choice;
(2)Xuena may publicly disclose your personal information according to the type and mode of disclosure required by laws, regulations, mandatory administrative enforcement or judicial requirements;
(3)Other circumstances that can be disclosed according to legal provisions or mutual agreement; and
(4)You understand and agree that, in accordance with the provisions of the law, if the personal information is shared or transferred after being de-identified, and if the data receiver is unable to recover and re-identify the subject of personal information, it is not the external sharing, transfer or public disclosure of personal information.
5.Protection of the User/ the Member Personal Information
5.1.Data Security Measures
Xuena have applied international-standard security measures to protect the personal information provided by you from unauthorized access, public disclosure, use, modification, damage or loss. Xuena will take all reasonable and feasible measures to protect your personal information. For example, the exchange of data (such as credit card information) between your browser and the service is protected by SSL encryption; at the same time, Xuena also provides https safe browsing mode for the Xuena e-Commerce Platform; Xuena uses encryption technology to ensure the confidentiality of data; Xuena uses trusted protection mechanisms to prevent data from being maliciously attacked; Xuena deploy access control mechanisms to ensure that only authorized personnel can access personal information; and Xuena organize security and Privacy Protection training courses to enhance employees' awareness of the importance of protecting personal information.
5.2.Xuena will take reasonable and practicable measures to avoid collecting irrelevant personal information. Xuena will only retain your personal information for the period required for the purpose stated in this Policy unless the retention period is extended or permitted or required by laws and regulations. If you cancel your Xuena Member Account or the services or operation is being terminated by Xuena, Xuena will delete or anonymize your personal information in accordance with Clause 6.2 of this Policy.
5.3.The Internet is not an absolutely safe environment, and Xuena strongly recommend that you do not send personal information in any way that is not recommended by Xuena. You can use Xuena’s services to connect and share. When you create communication, transaction or sharing through our services, you can communication, transfer or sharing by yourself to a third party that can see your transaction content, contact information, exchange information or share content.
5.4.It is inevitable that you will disclose your personal information, such as contact information or address, to the counterparty or potential counterparty when using the Xuena e-Commerce Platform. Please protect your personal information and only provide it to others when necessary. Once you find that your personal information, especially your account or password, has been leaked, please contact Xuena immediately so that Xuena can take appropriate measures according to your application.
5.5.Xuena specially remind you that the information you voluntarily share or even publicly share when using Xuena’s services may involve your or others' personal information or even personal sensitive information. For example, you may choose to upload pictures containing personal information when making comments. Please consider more carefully whether to share or even publicly share relevant information when using Xuena’s services.
5.6.As stated above, Xuena will try its best to use a variety of security technologies, procedures and systems to prevent the loss, improper use, unauthorized access or disclosure of the User/the Member personal information. However, you fully understand and agree that due to the limitations of technology and possible malicious means, it is impossible to guarantee 100% security of information in the Internet industry even if every effort is made to strengthen security measures.
5.7.If an unfortunate personal information security incident happened, Xuena will inform you according to the requirements and regulations of laws about the followings: the basic situation and possible impact of the security incident, the measures Xuena have taken or will take to deal with it, the suggestions you can take to prevent and reduce risks, the remedial measures for you, etc. Xuena will inform you of relevant information by letter, phone call, push notification, etc. When it is difficult to inform the subject of personal information one by one, Xuena will take a reasonable and effective way to issue an announcement. At the same time, Xuena will also be in accordance with the requirements of the regulatory authorities, the handling of personal information security incidents reported.
6.Record Keeping, Cross-Border Transmission, Deletion, Access and Management of the User/the Member Personal Information
6.1.The record keeping of the User/the Member Personal Information and Cross-Border Transmission all your personal information will be stored in Hong Kong Special Administrative Region, except it is stipulated explicitly by laws and regulation
6.2.Access to the User/the Member Personal Information
You have the right to access your personal information in the following ways, except as otherwise provided by laws and regulations, or as otherwise agreed in this Policy, the “Xuena Return and Refund Policy” and the “Terms and Conditions for Use of the Xuena e-Commerce Platform (The Global Sales)”:
(1)Order information: you can log in the Member Account to access or clear your order record and transaction record through “Orders”; and
(2)If you are unable to access such information through the above path, you can contact Xuena through the Customer Services. For other personal information that generated by you during the purchase of Xuena’s Commodities or use of Xuena’s services, Xuena will provide you with the relevant arrangements according to Clause 6.4 of this Policy - “Responding to Your Request/Complaint”.
6.3. Correction and supplement of user's personal information
When you find that your personal information is incorrect or needs to be supplemented, you can apply for correction or supplement in the way listed in Clause 6.2 of this Policy – “Access to the User/the Member Personal Information”.
6.4.Responding to Your Request/Complaint
If you are not satisfied, you can file a request/complaint through Customer Services. For safety reasons, you need to provide a written request, or in other ways to prove your identity. Xuena need to verify your identity first, and then the processing of your request and Xuena will make response within 30 days. Xuena have right to reject requests that are unnecessarily repetitive, require too much technology (for example, the need to develop a new system or radically change existing practices), pose a risk to the legitimate interests of others, or are highly unrealistic.
6.5.You fully understand and agree that Xuena will not be able to respond to your request as required by the laws and regulations in the following situations:
(1)Relating to national security and national defense security;
(2)Relating to public security, public health and major public interests;
(3)Relating to criminal investigation, prosecution, trial and execution of judgment;
(4)There is sufficient evidence to indicate that the subject of personal information has subjective malice or abuses its rights;
(5)Responding to your request will cause serious damage to the legitimate rights and interests of you or other individuals and organizations; and
(6)Involving trading secrets.
7.Information Protection for Immaturity
Xuena take the protection of immaturity's personal information very seriously, Xuena assume that you have the corresponding capacity for civil conduct in the e-Commerce activities. If you are an immaturity under the age of 18, please read this Policy carefully and use Xuena’s services or provide information to us with the consent of your guardian.
8.1.Independence of Clause
If any provision or any part of any provision of this Policy is held to be invalid, illegal or unenforceable under applicable law, such invalidity, illegality or unenforceability shall not affect the validity of any other provision of this Policy or any other part of these provisions.
If you have any questions, comments or suggestions regarding this Policy or your personal information, please contact Xuena Customer Services Staff;
(1)Xuena have also set up a dedicated team for personal information protection. You can contact Xuena by sending an email to firstname.lastname@example.org ; and
(2)Generally, Xuena will reply within 30 days. If you are not satisfied with Xuena’s response, especially if Xuena’s handling of personal information has harmed your legitimate rights and interests, you may also seek a solution by filing a lawsuit in a court with jurisdiction over Xuena’s registration domicile.
8.3. Effective Date: This Policy will come into force on 21st October, 2020, and will be updated by Xuena from time to time.