Terms & Policies
Terms of Service
Last modified: December 2020
In this Policy, “you” or “your” refers to the authorised user of our Services.
This Policy is an integral part of and incorporated by this reference into the Terms of Service, and all other terms not defined in this Policy will have the meanings set forth in the Terms of Service.
By using the Services, you are deemed to accept all the provisions of this Policy, and to expressly acknowledge and, where required, consent to us processing the information that you provide to us (including your Data) for the purposes outlined in, and otherwise in accordance with, this Policy. If you do not agree with the provisions of this Policy, we may not be able to make available to you the Services.
Where you have provided your consent, you may withdraw your consent at any time by sending the respective request as described below. If you withdraw your consent, we may continue processing your Data to the extent that such processing is allowed by applicable laws and/or as set out in this Policy.
If you provide Data to us about another person you should tell that person how we will collect, use and share their Data as explained in this Policy.
If you reside or use our Services in the country or region specifically mentioned under Section "Country / Region Specific Terms" below, these terms and conditions shall specifically apply to you.
1. Data We Collect
We may collect the following categories of Data from and about you:
(1) Personal identifiers, such as your name, alias, nickname(s), age, date of birth, gender, email address, country or region code, IP address, phone number, advertising IDs, device IDs, or other similar identifiers including information used to verify your Account or information you provide to us;
(2) Account information, such as the Content you browse, download, create, or upload by use of our Services, including music, videos, broadcasts, live streams, Virtual Items, your account preferences, follow history or participation history in challenges, surveys, sweepstakes, lucky draws or contests provided through our Services, and your Account social network contact/friend list, phone book and followers (where we have your consent);
(3) Financial information, such as your account number for receiving incentive awards, third party payment details (including through third party service providers) and/or other ID information necessary to identify you for making such payments;
(4) Internet or other electronic network activity information, such as mobile network information, messages that you send using the Services, information about your interaction with the Services and other users of the Services, including your preferences and comments, chats, messages and any metadata accompanying such content, and information about your interaction with advertisements;
(5) Geolocation data, such as information you provide about your location and information we receive about your device location based on your Subscriber Identity Module (SIM) card, Internet Protocol (IP) address, Global Positioning System (GPS) (where we have your consent) and/or Wireless Fidelity/Wireless Local Area Network (WiFi/WLAN) information on an ongoing basis;
(6) Audio, electronic, video or visual, or similar information, such as device characteristics, photographs (e.g., profile image), video recordings, and audio recordings;
(7) Customer service information you provided to us in respect of a question, comment, or request, such as the content of your question, comment, or request, addresses, names of intellectual property owners, attachments uploaded, descriptions of infringing items and other information related to customer service; and
(8) Inferences drawn from the above categories.
The specific type and scope of Data we collect about you depends on your activity on, and interaction with, the Services, as well as the country or region in which you use the Services. If you do not give us the Data, we may be unable to provide you with the Services.
We collect Data about you from a variety of sources, including:
(1) From you: We collect information that you submit or provide to us, including without limitation when you download our apps, create an account, interact with the Services, or otherwise contact us with a question, comment, or request.
(2) From your devices: We and our service providers may automatically collect certain technical information from your computer or mobile device once you have downloaded the app or use the Services, such as your IP address, your geographic location, battery level, your browser type, language and version, your operating system and interface, app and file names and types, error logs, track on access service logs, hardware serial number, MAC address, model of your device, time zone setting, unique device identifiers, other device information, and the search terms you enter on the Services, network type, advertising identifiers, the name of your access provider, date and time of your access to the Services, and your actions taken on our apps or websites. This information allows us to recognize you and personalize your experience if you return to the Services, and to improve the Services. We and our service providers may collect this information using “cookies,” which are small text files that the Services save on your computer using your web browser and access when you return or through similar technologies. We may collect such information over time and across different websites or services.
2. How We Use Your Data
We may use the Data we collect for a number of purposes associated with operating our business and providing you the Services, including:
(1) Identification and authentication: We use your Data to verify your identity when you access and use our Services, or otherwise engage with us, and to protect the security of your Data.
(2) Service operations: We process your Data to provide the Services that you request. This may also include managing the content ecosystem of the Services, facilitating third party partnerships or integrations with the Services, monitoring and testing the Services, or for troubleshooting purposes, or for permitting you and other users to connect with each other.
(3) Payment processing: We may use your Data for billing and payment processing purposes or to distribute awards to you. This may also include enabling the payment through third-party payment systems.
(4) Customizing your experience: We may use your Data to improve your experience of the Services, such as by providing interactive or personalized elements on the Services, simplifying the operations process when you launch a certain function, recommending to you accounts that you may be interested in, providing you with content based on your interests, enabling you to find other friends and social contacts, or making our service more personalized under your permissions to provide with the location-based services.
(5) Service improvements, development, and research: We inspect and analyze usage information and statistics to maintain and improve the Services. We may also use your Data to support customer service and user feedback, conduct survey or research and develop new products and services.
(6) Communications: Communications may include, for example, providing information about our products and services, changes to the terms of service, updates regarding our services, user information reports on for minor users, or responses to your questions, comments or requests.
(7) Marketing and advertising: We may use your Data to build a profile about you, to analyze and understand your preferences, to help determine which marketing materials would be of interest to you, to display advertising, to send you marketing communications, for award activities, and to measure the effectiveness of advertising. We may also process your Data in the course of granting awards or operating sweepstakes, contests or other promotions. If you have consented to it, we may use your Data for direct marketing purposes.
(8) Exercising our rights: We may use your Data to exercise our rights where it is necessary to do so, for example to detect, prevent, investigate and respond to security incidents or breaches, data scrapping, fraud, intellectual property infringement claims, financial crime, other violations of law, or violations of our terms of service and community guidelines.
(9) Complying with our obligations: We may process your Data to comply with legal or regulatory obligations, including without limitation of responding to lawsuits, damages or investigations, in or out of your country or region or in any instance of mergers, acquisitions, sales and asset transfers, insolvency, corporate restructuring, winding up or liquidation. We may also aggregate and/or deidentify your Data and may use this aggregate or deidentified information for any other purpose.
(10) Other: We may also use your Data for other uses relating to the above or to which you have consented.
3. Our Legal Basis for Processing Data
In order to process your personal data, we will rely upon the legal bases afforded by applicable laws and regulations. In addition to your consent, which will always be limited to specific processing activities and include relevant, detailed information required for you to fully understand what you are consenting to, these legal bases may also include our compliance with legal obligations, the performance of an agreement with you, our legitimate interests, the prevention of fraud and your security, among others.
4. Data Storage and Transfer
(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) Solely for the purposes set out in this Policy, we may transfer your Data outside the territory of your residence country or region to other countries or regions, in accordance with this Policy and applicable laws and regulations.
(3) We will use your Data for as long as necessary: (i) to achieve the purposes as set out in this Policy; (ii) as required by applicable laws and regulations, including any requirements to retain data for a certain period of time, taking into account the statute of limitations under applicable laws and regulations; (iii) for our legitimate and lawful purposes, including for our business and provision of the Services; and/or (iv) and to conduct a defense in relation to any actual, threatened or potential claims or disputes.
(4) After 6 months following the end of your use of the Services or the end of the purposes for which you provided your Data to us, we will, at our reasonable discretion, delete it or de-identify it as required by applicable laws and regulations.
5. Data Security and Protection
(1) We will take appropriate technical and organizational measures to help protect and secure your Data. We will protect your Data against unauthorized or unlawful processing, accidental loss, destruction or damage through these measures, including:
(i) using encryption techniques;
(ii) establishing specialized systems and procedures, such as strictly limiting the scope of personnel with access to your Data, and requiring those who have such access to comply with related confidential obligations; and
(iii) establishing a specialized department in charge of the information safety. In case of events such as information leakage or data or security breach, we will take timely measures to deal with such events, and we will notify you promptly in an appropriate manner, including through messages or announcements.
(2) We will endeavour to ensure that, by default, we only collect and process personal data needed for our business purpose. We also use this principle to embed data privacy and protection controls into our processing activities, which means that we will neither publish nor share your personal data by default.
(3) However, no electronic data transmission or storage of information can be completely secure. Therefore, although we take appropriate technical and organizational steps 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.
6. Third Parties We May Disclose or Transfer your Data To
(1) We will not share or transfer any of your Data to any third parties except as explicitly provided in this Policy, or we will inform you and give you an opportunity to opt out of having your Data shared. We will only share your Data with third parties in the following circumstances:
(i) when approved or authorized by you or your parent or legal guardian;
(ii) as required for administrative or judicial purposes, including any requirements of competent authorities, courts and regulatory bodies;
(iii) in the legal proceedings (including arbitrations) against you in which we aim to protect our legal rights;
(iv) where expressly allowed by the Terms of Service;
(v) in order to protect the interests of the Company, you or the public from damage; or
(vi) as consistent with the agreements made by you with any other third parties.
(2) Except as otherwise provided in this Policy, we will not disclose any of the Data collected to the public. If public disclosure is required by applicable laws and regulations, we will inform you of the purpose of disclosure and the type of the disclosed information.
(3) We may transfer your Data to another legal entity for the purposes of a collaboration, joint venture, corporate reorganization, change of legal form or other similar event. In order to develop our business, we may engage in transaction such as mergers, acquisitions, sales and asset transfers. In these circumstances, we will inform you of the related circumstances, and will continue to protect or require the successor to protect your Data in accordance with applicable laws and regulations and this Policy.
(4) We may engage third parties to perform functions on our behalf or to provide services to us such as professional advisors, auditors, lawyers and accountants. We share your Data with these service providers and also third parties for purposes such as hosting or operating our Service, sending e-mail communications, and data analysis. We may share your Data with third parties in order for them to provide content or otherwise perform services on our behalf, and we will require such parties to maintain appropriate security to protect such Data from unauthorized access or processing.
(5) We may in limited cases transfer your Data to local or overseas bodies or authorities such as legal, regulatory, law enforcement, government and tax, all in accordance with applicable law and regulations. We may also have to transfer your Data to third parties when they receive a request by an authority empowered by law to do so, pursuant to applicable laws and regulations.
(6) You may submit certain information on the Services (e.g., upload short videos). Any such information that is meant to be shown to the public in our app will be disclosed publicly. This Policy does not apply to third party uses of any such information after it is uploaded and displayed on the Services. We also share certain information about you (such as account ID, access token and referring URL) with your selected social network to ensure authorized use and access to your social media account.
(7) If you choose to register for a promotion, such as a competition, sweepstakes, lucky draw, contest or user incentive program, your Data may be disclosed to third parties for the purposes of administration of such promotion.
(8) We share aggregate information with advertisers and third party measurement companies to show how many and which users of our platforms have viewed or clicked on an advertisement. We share your device ID with measurement companies so that we may connect your activity at our platforms with your activity on other websites; we then use this information to show you adds which may be of interest to you. We never share personal data about you with advertisers without your consent.
(9) We may share your anonymized data with other parties not listed above. If we do this you won’t be identifiable from this data.
7. International Data Transfers
Data disclosure as provided in this Policy may involve a transfer of your Data to countries and regions that do not provide the same level of data protection. Applicable legal and regulatory requirements are taken into consideration before any cross border transfer of your Data and our policies are as follows:
(1) We may share your Data with other entities in other jurisdictions worldwide affiliated with us for internal, business and operational purposes. By accepting this Policy, you expressly acknowledge and consent to the transfer of your Data to such affiliates in other jurisdictions worldwide that may be deemed jurisdictions that do not provide for adequate protection of personal data. However we will ensure, by way of appropriate contractual guarantees which will also be in compliance with applicable laws and regulations, that all such entities affiliated with us maintain appropriate security to protect your Data from unauthorized access or processing and will not share this data with any third party unless you expressly agreed otherwise.
(2) In order to provide you with the Services, we may need to transfer your personal data internationally to non-affiliated entities, which will only occur pursuant to the international transfer mechanisms available under applicable laws and regulations. If the country or region where your personal data is being transferred to does not provide for adequate level of protection to your personal data as required by the relevant authorities, your personal data may still be transferred internationally based upon your prior consent, our exercise of a legal right, our compliance with a legal obligation, or the performance of a contract with you, among other mechanisms.
8. Data Access and Management
(1) Once you have completed your Account registration and have in place reasonable and necessary authentication measures, you can review, modify, and delete the Data you submit 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 through the contact details provided in this Policy:
(i) A right of access and information: 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 are being processed, and, where that is the case, to access such Data and obtain a copy thereof.
(ii) A right to rectification: you have the right to obtain the rectification of your Data. You also have the right to have incomplete Data completed.
(iii) A right to erasure: in some cases, you have the right to obtain the erasure of your Data. However, this is not an absolute right and we may have legal or legitimate grounds for keeping such Data.
We will verify your identity first before you can exercise any of your rights in respect of your Data.
(3) You have the right to lodge a complaint with a competent supervisory authority.
(4) You can prevent us from obtaining your Data by suspending certain functions provided by our Services.
(5) You can ask us to close your Account in order to ensure that we will no longer collect your Data. We will verify your personal status, security status, common equipment and other information before closing your Account. Please note that the closing of your Account is irreversible and once the Account is closed, we will immediately delete or anonymize any information related to your Account. We will ensure that your Data will not be leaked, but you may not access or use our Services once the Account has been closed.
(6) If our Services or operations terminate, we will notify you at least 30 days in advance and delete or anonymize your Data after the termination.
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) provide customized advertisements, content, and information adapted to your profile;
(3) monitor and analyze the effectiveness of our Services and third-party marketing activities adapted to your profile;
(4) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and
(5) track your entries, submissions, and status in any promotions or other activities offered through our Services (services adapted to your profile). Tracking technology also helps us manage and improve the usability of the Services.
We may also collect your shortened IP address on a non-readable basis, which does not allow us to directly identify you.
10. Country / Region Specific Terms
(1) Your Rights. In order to provide you with the Services, we may process your personal data, but will always do so in accordance with Brazilian privacy laws and regulations. Brazilian law grants the subjects of personal data certain rights regarding the collection and use of their personal information, including (without limitation) the right of access and information and right to rectification as set out in Section "Data Access and Management" and in addition: (i) the right to request for anonymization, blocking or exclusion of personal data that is deemed unnecessary or excessive or data that is processed in breach of Brazilian privacy laws and regulations; and (ii) the right to oppose to the processing of their personal data, if it is no longer required for the purposes informed in this Policy.
If you would like to exercise any of the above rights, please submit your request by sending an email to firstname.lastname@example.org or through other in-app functions if applicable. When we receive your request, we will attempt to verify the authenticity of your request through normal account authentication practices unless we are concerned with fraud or you are seeking sensitive personal information, in which case we may require additional verification steps.
(2) Transfer of Personal Data outside Brazil. Please be informed that, in order to arrange for you to benefit from the rewards system offered as part of our Services, the countries or regions to which we may transfer your personal data and/or in which our servers are located may be countries or regions that are not considered by Brazilian relevant authorities as having adequate level of protection. By accepting this Policy and using the Services, you explicitly consent and authorize us to transfer your personal data outside of Brazil for the purposes of including you in the rewards system required for you to use and benefit from our Services.
(3) Access Logs. We keep your application access logs confidential in a controlled and safe environment for at least 6 months in order to comply with legal obligations.
11. Changes to the Policy
We may revise the terms herein at any time, and such revisions shall constitute a part of this Policy. We will inform you by means such as prompting on a prominent location of the home page or sending a notification to you when you log in or app updates of the changes to the Policy.
Any revisions will become effective on the next day after notification and will apply to all your Data.
12. Parental and Guardian Consent
If you are a minor in your country or region, your use of the Services may be subject to age restrictions imposed by third party vendors. You may be unable to use third party vendor services, including collecting certain cash rewards earned through the use of the Services, without the assistance of your parent or legal guardian.
If you learn that a child under the age of 13 has registered for a Kwai Account or an account of a child under 18 registered not under proper representation or guardianship, you may alert us at email@example.com. We will promptly verify, take steps to remove such child’s Account information from Kwai and terminate the child’s Account.
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.
14. 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 contact us via in-app access for feedback or complaints or through email to the Data Protection Officer at firstname.lastname@example.org. We will review the issues involved as soon as possible and reply to you timely after verified your identity. If you have any concerns regarding how we are handling your Data, please contact us. We will strive to deal with your concerns promptly.