Berry AI Privacy Policy
Effective Date: July 29th, 2024
Last Update: July 29th, 2024
About
This Privacy Policy provides information about how and what personal data Berry AI Inc. (“Berry AI”, “our” or “we”) collects, stores, processes, transfers and uses in connection with our equipment, products, and services. It also provides information on the choices available regarding the collection, processing, and use of your personal data. Furthermore, this Privacy Policy is intended to ensure compliance with applicable data privacy and protection laws.
Berry AI is a ‘data controller’ of your personal data when we provide products and services to you, or where or when our website may be used to obtain your personal data. By using our equipment, products and services, you acknowledge and, where relevant, consent to the collection, transfer, processing, storage, disclosure and other uses of your personal data as described in this Privacy Policy.
What We Collect and How We Collect
When you use our equipment, products and services, such as Berry AI cameras, software, official websites and customer support services (our “Services”), we may collect certain personal data from you. Please note that the collection of personal data may vary based on the nature of the Services and may be dependent upon which Services you use. Furthermore, when you use our Services, we may collect anonymous data (that does not directly or indirectly identify you) related to your use of our Services.
When you use our Services, you do not have to provide your personal data based on our request. However, if you choose not to provide your personal data to us, we may not be able to provide the corresponding our products and services or respond to your inquires.
What We Collect
When you use our products or services, Berry AI may collect the following personal data from you:
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Your product data, such as your product serial number, IP Address, MAC Address, IMEI number, Android ID number and other unique product identifiers may be collected when you use our products and services.
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Your location data associated with our products and services, such as your GPS signal, data identifying nearby Wi-Fi access points and cell towers, the country, city, time zone, latitude, longitude, altitude and precision of coordinates where your product is located, movement speed of your product, your country and language settings on your product.
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Biographical and contact information, including names, nationality and contact information such as addresses, email addresses and telephone numbers when you contact us or use our products and services.
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Your voice communications or any other communication records when you contact us or our client (for example, filling out online application form on the Berry AI official website and sending emails to Berry AI).
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Your image or vehicle, including license plate numbers, through security cameras when you visit our client’s public retail place or our offices.
Berry AI also collects anonymous data through its Services. Anonymous data means any data that does not directly or indirectly identify you. When you use our Services, we may collect the anonymous data from you and use such collected anonymous data for any purposes.
Berry AI may also collect the following anonymous data from observing your use of our Services:
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Your log data associated with our Services, such as your product model name, product name, brand name, manufacturer name, part number, type and version of hardware and operation system, factory-default settings, activation time, firmware update data (for example, the execution method for firmware update, update date and result of update), size of memory and storage, ROM related data, camera resolution, the telecom and network you use to connect to our products and services, the status of the network, telephony log data, standby status, preferred interface, type, version and language settings of browser, diagnose and usage data, your usage behavior, version of GPS and Wi-Fi, system status (for example, usage status of battery, CPU and RAM), and local time.
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Your application data associated with your usage and interaction with our applications and software, such as the name and version of applications and software, the install and uninstall time, login and logout time, frequency and numbers of your usage, open and close time of applications and software, the category of your preferred applications and software, usage behavior settings, update version and update result.
Cookies and Similar Technologies
Berry AI and our third-party partners use cookies (cookies are small text files placed on your products to personalize your user experience on BERRY AI products and services) and web beacons and other similar technologies to provide our Services. When you visit one of our websites under the Berry AI website domain, the Berry AI website may use cookies and similar technologies to track and understand your use of our Services. Almost all data collected through cookies will only be stored in your product and will not be transferred to Berry AI. Only in rare and limited circumstances, the information we collect through cookies may be shared with Berry AI.
How to manage cookies settings:
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Please note that 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).
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In some countries, for the first time you browse Berry AI websites, we may display a banner describing our use of cookies. You may freely choose to accept or block the above cookies through such banner.
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If you choose to block cookies, you may not be able to use all of the features of Berry AI Services.
Sensitive Personal Data
Berry AI will never ask you to provide sensitive personal data, such as data about your medical or health records, political, religious or philosophical beliefs, criminal offenses (alleged or committed), criminal conviction background, race or ethnicity, trade union membership, sexual orientation, sexual history, behavior or genetic information. Please do not provide us with such sensitive personal data.
How We Use Your Personal Data
We may use your personal data for the purposes below:
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To assess and improve Berry AI products and services.
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To provide our Services to our customers, including to help them improve the speed of their sales at their sites.
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To obtain customer feedback and to analyze user experience for the purpose of development and evaluation of new products and services.
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To provide delivery services, software updates and technical notices for our Services.
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To provide you with customer support services (for example, to meet your product repair requests and respond to your questions), our customer care and customer satisfaction survey for user experience analysis, and to protect your rights and interests and adopt access control.
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Any other purposes with your prior consent.
How Long We Retain Your Personal Data
We will retain your personal data for the period necessary to fulfill the purposes outlined in this Privacy Policy and for as long as permitted or required for legal and regulatory purposes after the relationship between you and us has ended, or if your instructions for us to provide particular services are declined or abandoned. Moreover, if you wish to withdraw your previous consent to collect your personal data from Berry AI, we will stop collecting your personal data by your request and will only retain your personal data collected before such request for withdrawal.
Transferring or Disclosing Your Personal Data
Your personal data will not be disclosed to any third parties without one of the following exceptions:
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Your Consent: We will only disclose or share your personal data to other third parties with your prior consent.
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Business Partners: We may disclose hashed and anonymized data to our business partners, for example, business partners who provide data analytics services or advertisings and marketing communications based data obtained through third party advertising cookies.
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Service Providers: We may disclose and share necessary items of your personal data to our service providers that provide services for or on behalf. For example, marketing agencies assisting us with sending marketing communications and holding marketing events/campaigns and customer service providers offering customer support services (for example, product repair services, services through the Berry AI call center and our online customer service portal) to you. These service providers shall only use your personal data in compliance with our instruction and within the scope of the purposes hereof. Berry AI ensures that all of our service providers strictly comply with the Privacy Policy.
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For legal, protection, or security purposes: We may disclose or share necessary items of your personal data with third parties for one of the following legal or security purposes:
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To the extent it is required by applicable laws or regulations or competent governmental or judicial authorities, necessary to establish or preserve a legal claim or defense, or necessary to prevent fraud or other illegal activities.
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To protect the rights, property or safety of Berry AI, our service providers, customers or the public, as required or permitted by law.
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Cross-border Processing of Your Personal Data
You understand and consent that when you agree to provide your personal data to us, your personal data may transfer, storage, use or process to Berry AI and any of its affiliated entities, service providers who may be located in a USA, Taiwan or other different country upon prior notice to you. All said transfer, storage, or processing of your personal data, shall be subject to the Privacy Policy and applicable laws on privacy protection and personal data security.
Third-party Links in Berry AI Services
Berry AI Services may contain links to third-party websites. Please be aware that Berry AI is not responsible for the security, the privacy practices, or the materials of those third-party websites. We encourage you to be aware of when you leave our websites, and to read the privacy statements of those third-party websites carefully. This Privacy Policy applies to Berry AI Services only.
Security
We take precautions to protect your personal data from unauthorized access, alteration, disclosure or destruction. We conduct internal reviews of our data collection, storage and processing practices as well as technical and organizational security measures and physical security measures to protect against unauthorized access to our systems where we store your personal data. Transfers of personal data between the various locations of Berry AI and its affiliated entities occur over our secure wide area network. When you submit personal data to us, we protect your personal data using reasonable security measures both online and offline. However, Berry AI cannot guarantee perfect security on the Internet.
Your Right to Manage Your Personal Data
Under applicable data privacy laws, you may have the following rights in relation to our processing of your personal data. Please note that these rights are not absolute, and we may be entitled to refuse requests where exceptions apply:
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to obtain access to, and copies of, the personal data that we hold about you;
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to correct the personal data we hold about you if it is incorrect;
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to erase or delete your personal data in certain circumstances;
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to restrict our data processing activities in certain circumstances;
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to object, on grounds relating to your particular situation, to any of our particular processing activities where you feel this has a disproportionate impact on you;
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to receive from us the personal data we hold about you which you have provided to us, in a reasonable format specified by you, including for the purpose of you transmitting that personal data to another data controller;
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and where our processing is based on your consent, you may withdraw that consent, without affecting the lawfulness of our processing based on consent before its withdrawal. Note: If you wish to withdraw it, please contact the contact details as contact@berry-ai.com. Please note that where our processing of your personal data relies on your consent and where you then withdraw that consent, we may not be able to provide all or some aspects of our services to you and/or it may affect the provision of those services.
Whenever you use Berry AI products and services, we strive to maintain the accuracy of your personal data and protect your personal data against any accidental or malicious destruction. We will accommodate your requests regarding your personal data; however, we may not be able to fulfill your above requests in one of the following circumstances:
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As required or permitted under application laws;
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For legitimate business purposes;
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Unreasonably repetitive requests that require disproportionate technical efforts and resources, for example, developing a new system or fundamentally changing the current practices;
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Potentially risks on the privacy of others;
If you are not satisfied with how we are processing your personal data, you can make a complaint to a data protection supervisory authority, including the data protection regulator in the country where you or your organization is located.
Children’s Privacy
We do not knowingly collect personal data from children under the age of sixteen (16) or the equivalent minimum age in the relevant jurisdiction without parental consent. If you are a child, please obtain parental consent before using Berry AI products and services. You may only submit your personal data to us with your parent's (or guardian's) consent.
Changes to the Privacy Policy
We may change our Privacy Policy from time to time and we strongly recommend that you regularly review the Privacy Policy posted on our website. By accessing or using our Services after the Privacy Policy has been updated, you will be deemed to have consented to the then-current Privacy Policy. The most current version of the Privacy Policy will always be available on this page; important notices (such as email notifications) of any significant changes will be sent to you.
Contacting Us
If you have any questions, queries, comments or complaints about the Privacy Policy, or if you believe that Berry AI has not complied with the Privacy Policy, please feel free to contact us. If you feel that we may not be able to properly handle any issue related to your personal data collected by Berry AI, please note that you have the right to lodge a complaint with the government agency in your country that handles personal data protection.
Users from the United States
Categories of personal data collected and third party disclosures:
Within the last twelve (12) months, we may have collected the following categories of personal data:
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Identifiers, such as your name, mailing address, email address, zip code, telephone number, government identifiers, or other similar identifiers. We may disclose this category of personal data with administrative bodies, government agencies, subsidiaries and affiliates, marketing and advertising agencies, service providers, for example secure file sharing and transfer services to support the business; collection agencies.
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Customer Records, such as username, company name, job title, and business email address. We may disclose this category of personal data with administrative bodies, government agencies, subsidiaries and affiliates, marketing and advertising agencies, service providers, for example secure file sharing and transfer services to support the business; collection agencies.
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Protected Classification Characteristics, such as gender and national origin. We may disclose this category of personal data with administrative bodies, government agencies, subsidiaries and affiliates, service providers, for example secure file sharing and transfer services to support the business; collection agencies.
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Commercial Information, such as information about the Services you purchased, obtained or considered. We may disclose this category of personal data with administrative bodies, government agencies, subsidiaries and affiliates, marketing and advertising agencies, service providers, for example secure file sharing and transfer services to support the business; collection agencies.
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Internet/Network Information, such as your browsing history, log and analytics data, and information about the device(s) used to access the services, domain server, search history and information regarding your interaction with our websites or services and other usage data. We may disclose this category of personal data with administrative bodies, government agencies, subsidiaries and affiliates, marketing and advertising agencies, service providers, for example secure file sharing and transfer services to support the business; collection agencies.
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Geolocation Data, such as information about your physical location collected directly or geolocation features on your device, including your IP address. We may disclose this category of personal data with administrative bodies, government agencies, subsidiaries and affiliates, marketing and advertising agencies, service providers, for example secure file sharing and transfer services to support the business; collection agencies.
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Other Personal Information, such as personal information you provide to us in relation to a survey, comment, question, request or inquiry, information you provide when connecting a third-party account, product or service, and any other content you upload. We may disclose this category of personal data with administrative bodies, government agencies, subsidiaries and affiliates, marketing and advertising agencies, service providers, for example secure file sharing and transfer services to support the business; collection agencies.
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Inferences, including information generated from your use of our Services reflecting predictions about your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes. We may disclose this category of personal data with administrative bodies, government agencies, subsidiaries and affiliates, marketing and advertising agencies, service providers, for example secure file sharing and transfer services to support the business; collection agencies.
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Sensitive personal information, such as precise geolocation, passwords to an account. We may disclose this category of personal data with administrative bodies, government agencies, subsidiaries and affiliates, service providers, for example secure file sharing and transfer services to support the business; collection agencies.
Consumer Rights
If you reside in the United States, you may have certain rights over your personal data under state law, including (1) the right to know what personal data or information is collected and how that information is used or disclosed; (2) the right to opt out of the sale or sharing of personal data or information for cross-context behavioral marketing purposes; (3) the right to restrict the processing of sensitive personal information; (4) the right to correct; (5) the right to delete; and/or (6) the right to be free from discrimination for exercising any of these rights. If you do not agree with the actions Berry AI takes with respect to any requests related to your personal data, you may also have the right to appeal our decision.
We may need to verify your identity before processing your request. Only you, or someone legally authorized to act on your behalf, may make a request related to your personal data. To designate an authorized agent to make a request on your behalf, please provide us with a power of attorney or other legally binding written document signed by you and identifying your agent. We may also verify the identity of your designated agent.
Our collection and use of any sensitive personal information is consistent with the permissible uses under applicable privacy laws.
California Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to contact@berry-ai.com.
Users from the EEA and the United Kingdom
If you are located in the European Union, the General Data Protection Regulation ("GDPR") applies to the processing of your personal information, and we provide you with additional information relevant to the processing of your personal information.
Your personal data will not be stored for longer than is necessary for the purposes for which we process it. We will store personal data for a longer period only if we are subject to a legal obligation or if it is necessary to defend our interests in legal proceedings (e.g. in the event of a dispute). For example, due to legal administration, retention or tax obligations. The personal data we process at the time of your purchase will be kept for the entire life cycle of our agreement with you and after the termination of the agreement in accordance with the statutory limitation periods.
The Legal Grounds Used for our Processing Activities are
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The processing is necessary for compliance with legal obligations, or a request of a competent authority or court of law;
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The processing is necessary for our legitimate (business) interest
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To handle queries, complaints, disputes and (legal) proceedings in relation to our website and to ensure our legal position herein;
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The processing is necessary for the performance and execution of a contract or a binding order with you:
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To administer our website and to prevent or detect fraud, or abuses and to protect our assets, business and personnel;
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To conduct research and analysis and to improve our services, products, webstore and the quality thereof;
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In the context of a business transaction and for administrative purposes;
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To tailor your experience at our website and with Berry AI generally.