Terms of Service
Effective from: September 2021
In this Policy, “you” or “your” refers to the natural person acting on behalf of a business or entity that is authorized by us to use the Kwai Ad Platform. You agree, represent, warrant and undertake that (a) you are duly authorized by, and will remain authorized by, such business or entity to agree on its behalf and bind such business or entity to this Policy; and (b) the business or entity is legally responsible for your use of the Kwai Ad Platform as well as for the use of your Account by any other individual authorized by such business or entity, including without limitation any authorized officers, directors, employees, agents and advisors.
Anyone under the age of 18 or other majority age as defined under the applicable laws of your jurisdiction shall not use the Kwai Ad Platform or the Services.
By using the Services, you are deemed to accept the terms of this Policy, and to expressly acknowledge and, where required, consent to our processing of the information you provide to us for the purposes outlined in, or otherwise in accordance with, this Policy. If you do not agree with the terms of this Policy, we may not be able to provide the Services to you.
All capitalized terms not defined in this Policy will have the same meaning as set forth in the Kwai Ad Platform Terms of Service.
1. Data We Collect
We may collect the following categories of Data from and about you:
(1) Registration and contact information, such as your email address, account ID, and password.
(2) Business information, such as your company name, and company registered address.
(3) Network and device information, such as your IP address, browser type, language and version, and operation system.
2. How We Use Your Data
We may use your Data for the following purposes:
(1) to verify your identity when you access and use our Services;
(2) to provide the Services that you request through Kwai Ad Platform;
(3) to contact and communicate with you as needed;
(4) to improve your experience of Kwai Ad Platform;
(5) to exercise our rights where it is necessary to do so;
(6) to comply with legal or regulatory obligations;
(7) for other purposes which we otherwise inform to you and obtain your appropriate consent.
3. Data Storage and Retention
(1) We may store your Data in the territory of your residence country or region or overseas, including in the cloud. We apply our global data standards and policies wherever your data is stored.
(2) We will not retain your Data for longer than necessary or beyond the end of the purposes for which you provided your Data to us, unless we are required to do so under applicable laws.
4. Data Security and Protection
(1) We will take appropriate technical and organizational measures to help protect and secure your Data against unauthorized or unlawful processing, accidental loss, destruction, or damage.
(2) While we are committed to protecting your Data, no electronic data transmission or storage of information can be completely secure. Therefore, although we take appropriate technical and organizational measures to secure your Data, we do not guarantee, and you should not expect, that your Data will always remain secure. If you do not agree to these risks and conditions, you must discontinue your use of the Services.
5. To Whom We May Disclose or Transfer Your Data
(1) We may share your Data with our corporate affiliates, group members, and the following third parties, who will only use your Data in accordance with this Policy to facilitate the provision of the Services to you or for other purposes as indicated below:
a) In the context of a transaction including mergers, acquisitions or asset sales.
b) Third parties in support of the Services, for purposes such as hosting or operating our Services, cloud services, and e-mail communication.
c) Legal, regulatory or government authorities to satisfy our obligations or those of third parties (when they receive a request from an authority empowered by law to do so), pursuant to applicable laws and regulations.
d) We may share anonymized or de-identified data with other parties not listed above. If we do this, you will not be identifiable from this data.
(2) You may upload ad materials containing photos, text, and videos, as well as information about individuals, e.g. users or customers of your services or products onto the Kwai Ad Platform (such advertising content, “Ad Data”).
You represent and warrant that you will only upload Ad Data to the Kwai Ad Platform to the extent that:
(a) its upload and use by you complies with the Kwai Ad Platform Terms of Service and with applicable laws and regulations;
(b) such Ad Data does not contain any personal information nor is it regulated by any applicable law or regulations. To the extent it contains such information, you have obtained all necessary consents and other authorizations required by applicable laws and regulations for its collection and use, including uploading it on to the Kwai Ad Platform; and
(c) you will, at your own expense and in accordance with appliable laws and regulations of jurisdiction(s) where you reside or locate or your advertising materials are published / target, take necessary measures to secure and protect Ad Data which may contain personal information; and
(d) there are no restrictions under applicable laws (including applicable data protection laws) that would apply to you or your use of the Ad Data as envisaged by these Terms, including the upload of Ad Data on the Kwai Ad Platform.
The Ad Data will be disclosed publicly once the ad containing such data is published. This Policy does not apply to uses of any such Ad Data by third parties after its publishment.
6. International Data Transfers
We may transfer your Data to other countries or regions solely for the purposes set out in this Policy, in accordance with this Policy and applicable laws and regulations.
Data disclosure as referred to in this Policy may involve a transfer of your Data to countries and regions that provide different levels of data protection. Applicable legal and regulatory requirements are taken into consideration before any cross-border transfer of your Data takes place.
7. Data Access and Management
(1) Once you have completed your Account registration and put in place reasonable and necessary authentication measures, you can review, modify, and delete the Data you have submitted to us. In general, you can browse, modify, and delete your own information at any time, but you may not be able to modify certain initial registration information and verification information provided at the time of registration for security and identification purposes.
(2) You may have the following rights to the extent applicable under local laws and regulations which you can exercise by using the contact information provided in this Policy:
(i) You have the right to be informed in a concise, transparent, intelligible and easily accessible form of the way in which your Data is processed. You also have the right to obtain confirmation as to whether or not Data concerning you is being processed, and, where that is the case, to access such Data and obtain a copy thereof.
(ii) You have the right to request rectification of your Data. You also have the right to have incomplete Data completed.
(iii) Where you have provided your consent, you may withdraw your consent. If you withdraw your consent, we may continue processing your Data to the extent permitted by applicable laws and/or set out in this Policy.
(3) We will verify your identity first before we can fulfill your request. We will respond to your request within the timeframe as required by local laws.
(4) You may also be able to change your cookie settings as described in the section below to manage the data we collect using cookies.
Cookies are pieces of information that any website or app may transfer to your browser that are then stored in your computer or mobile system. For example, the deposit of cookies enhances your online experience by allowing us to save your preferences.
(1) personalize our Services, such as remembering your Data so that you will not have to re-enter it during your use of, or the next time you use, our Services;
(2) monitor and analyze the effectiveness of our Services;
(3) monitor aggregate site usage metrics such as total number of visitors and pages viewed.
We may also collect your shortened IP address on a non-readable basis, which does not allow us to directly identify you.
9. Changes to the Policy
We may update, change or modify the terms hereof from time to time, and such changes shall form a part of this Policy. We will notify you about those changes through general announcements on our Services or by sending a notification to you when you log into Kwai Ad Platform. Unless otherwise indicated, any update, change or modification will become effective on the same day of notification and apply to all of your Data.
10. Contact Information
If you have any complaints, suggestions or questions regarding this Policy or in relation to the collection, usage, storage, protection and other functions of your Data, please email@example.com. We will endeavor to address your concerns promptly.
This Policy is drafted in the English language. If this Policy is translated into any language other than English, the English version shall prevail to the extent of any inconsistency, unless otherwise required under applicable laws and regulations. The corresponding translation shall be deemed to be automatically amended to conform with and to make the counterpart of its translated text consistent with the relevant English version.