In accordance with Regulation (EU) 2023/2854 (the “EU Data Act”), GIGABYTE Technology, Co., Ltd. and its affiliates (“we”, “us”, or “GIGABYTE”) provide the following information about our Connected Products and Related Services (“products and services”).
This declaration aims to inform users about the types of data generated by our products and services, how that data is collected, processed, and stored, and the mechanisms for user access. It also outlines our practices regarding data sharing and user rights under the EU Data Act.
Important notes:
Covered Products and Services
This declaration applies to GIGABYTE’s connected products and associated services sold or provided in the European Economic Area, including but not limited to:
Because our products differ in their hardware configurations, firmware, operating systems, optional software, and supported services, the data generated and the methods of access may vary between product families and individual product models. Accordingly, this Statement is organized by product family. Each section describes the data capabilities that are generally applicable to the relevant product family
1.1 Scope of Data Access Rights
Under Article 3 of the EU Data Act, you have the right to access the data generated by your use of our connected products without undue delay, free of charge, and, where applicable, continuously and in real-time. This right applies strictly to:
1.2 Protection of Trade Secrets and Intellectual Property
While we facilitate robust data portability, the EU Data Act explicitly protects commercial confidentiality. Data access does not extend to:
In alignment with Article 4(6) and Article 5(8) of the Act, where the extraction of requested data poses a demonstrable risk to our Trade Secrets, we reserve the right to condition data sharing on specific technical and organizational security agreements, or, in exceptional circumstances where serious economic damage is highly likely, refuse disclosure.
GIGABYTE Laptops are designed for gaming and everyday computing tasks such as browsing, document creation, and media consumption. The Laptop includes standard hardware (e.g., processor, storage, Wi-Fi) and a pre-installed operating system (e.g., Windows 11) and a pre-installed software program called GiMate that provides users with voice-activated, AI powered control of Laptop settings (battery, GPU, fan, sound, etc.).
- **Type**: The laptop’s GiMate software collects anonymized data related to its use and configuration, including:
o Network adapter (e.g., MAC address: "F4:8C:50:A8:2C:30", name: "Intel(R) Dual Band Wireless-AC 8260 #2").
o CPU (e.g., "Intel(R) Core(TM) i7-7700HQ", 2.80GHz).
o GPU (e.g., "NVIDIA GeForce GTX 1050", 2GB).
o RAM (e.g., "Kingston-CBD24D4S7S8MB-8-2400", 8GB).
o Storage devices (e.g., "TS128GMTS800", 119GB; "HGST HTS721010A9E630", 932GB).
o Battery cycle count (e.g., "3 cycles").
o Device model (e.g., "P34V7").
o Update timestamp (e.g., "1524708545583").
- **Format**: Data is stored in structured JSON format, readable via system tools or manufacturer-provided utilities.
- **Estimated Volume**: Approximately 10-50 KB per data collection event (e.g., weekly or on system update), totaling ~1-5 MB annually under typical use, due to the limited scope of anonymized fields
- **Capability**: The laptop does not generate data continuously or in real-time. Data collection occurs periodically (e.g., during system updates, power mode changes, or hardware status checks) and is event-driven, not a constant stream. For example, battery cycle count updates when charging, and hardware specs are logged on initialization.
Anonymized data is used to:
- Improve product design and software updates (e.g., optimize power modes, enhance driver compatibility).
- Ensure system stability (e.g., analyze hardware configurations for bug fixes).
- **Scope**: Data is not used for marketing or profiling, as it’s anonymized and limited to technical purposes.
2.8 User’s Right of Appeal to the Competent Authority
- **Rights**: Under the Data Act (Article 11), users can lodge a complaint with a national competent authority if data access rights are denied or obligations unmet.
Procedure: Submit complaints per the authority’s guidelines, referencing Data Act non-compliance.