Effective Date: October 13, 2018
This Policy is an integral part of and incorporated by this reference into the Terms of Service http://www.kwai.com/about/protocol.html, and all other terms not defined in this Policy will have the meanings set forth in the Terms of Service.
By using the Service, you are deemed to accept all the provisions of the Policy, and to expressly acknowledge and, where required, consent to us processing the information that you provide to us (including your personal data) for the purposes outlined in and otherwise in accordance with this Policy. 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 information to the extent such processing is allowed by the applicable law and/or as set-out in this Policy.
I. Information We Collect
1. We will collect the information you filled in and/or submitted when registering Kwai account, including but not limited to: your user name, location, profile photo, phone number, gender. By providing your phone number, you consent to our sending text messages to your phone number containing advertising.
2. We will collect the information you filled when using the Service as the case may be, including but not limited to: your profile name, ID number, job, or other identification information; and we will collect your ID card information, name, e-mail, details of your accounts on third-party social media websites (Facebook, twitter, Google, etc.), and phone number, which we will protect especially, when you are applying for using the account report service, or you can’t use the Service if you hadn’t provided such information.
3. We will collect the information when you use the short video and/or online live streaming (if made available to you) Service, including but not limited to: the videos, live streaming content, if applicable, communications within the app, clicking like button, act of sending gift within our Platform and other content, such as photos, you uploaded and the related information, the device model, operating system, equipment ID, IP etc., which is the basic information in order to provide related Service.
4. We integrate and implement certain third-party analytics platforms (e.g., AppsFlyer https://www.appsflyer.com/privacy-policy/) and tools to analyze how you use the Service and provide features to you. Accordingly, we may collect information about what kind of videos you like, the length of watching such videos, your downloads, impressions, clicks, as well as certain technical data such as your operating system, device attributes and settings, applications.
5. When you are browsing the short videos, the Comments and Likes you uploaded will be stored in our server, which is necessary to provide the related Service. We will store such information in an encrypted manner, and you can delete such information at any time.
6. When you publish the short videos and use the Nearby Service, we will collect your location information with the consent of you, or you can’t use the Nearby Service if you hadn’t provided such consent and information. And you can withdraw the permission for us to collect your location information.
7. You agree that the sources of your personal information from which we collect are you and the connected third-party sites who share your data with us as indicated above in this Policy. We may, where applicable, collect personal information from other sources such as public registers, social medial, publically accessible websites, news agencies.
8. If you participate in Koin Program or other function/feature we may update from time to time which involve making or receiving payments, we may, in order to make payments to you and per payment service provider’s requirements, collect necessary financial information from you.
9. We have no access to the information collected during your use of the third-party service provided by such third parties except as provided in this Policy.
10. In order to provide better Service, we may collect your information from third parties’ services with explanation of the source, type and usage scope of such information to you. For instance, when you sign-up or login to the Service, you can use details of your accounts from third-party social media websites (Facebook, VK, Google, etc.), or if you transact payment at the Service, you may use financial information from third party payment services such as your payment method (valid credit card number, type, expiration date or other financial information). In such case, you will be prompted to set up a link to the third-party service and you agree that we will use any information that such service may provide to us in accordance with this Policy.
11. You represent and warrant that all personal information that you provide to us through the Kwai application and our website(s) or otherwise provided to us is collected by you or on your behalf and disclosed to us in full compliance with applicable laws, with the comprehensive consent from or comprehensive data processing information provided to the relevant individuals whose personal information is provided by you to us.
We use the following Cookies:
1. Strictly necessary Cookies. These are Cookies that are required for the operation of the Kwai. They include, for example, Cookies that enable you to log into secure areas of the Platform.
2. Functionality Cookies. These Cookies are used to recognise you when you return to the Kwai. This enables us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
3. Social media Cookies. These Cookies allow users to create an account on the Kwai by using their existing log-in for other services (for example, for WeChat, Facebook, and/or Google).
4. Targeting Cookies. These Cookies record your visit to the Services, the pages you have visited and the links you have followed. We will use this information to make Kwai more relevant to your interests.
5. Analytics Cookies. Analytics Cookies are statistical audience measuring systems that we use for our Services to help us measure which web pages you click on and how you use the Kwai.
III. Information Storage
1. The location of storage. We will store your information within the territory of China.
2. However, solely for the purposes set out in this Policy, we may transfer your information outside the territory of your residence country to other countries in addition to China, in accordance with section V of this Policy, related laws and regulations.
3. We will use your information as long as necessary (i) achieve the purposes as set out in this Policy; (ii) as required by applicable laws and regulations, (iii) as per regulations to retain data for a certain period of time, taking into account statute of limitations under applicable law(s); (iv) for our legitimate business purposes; or (5) and to conduct a defense in relation to disputes, whether potential or actual. After 6 months following the end of your use of the Service or the end of the purposes for which you provided your personal information to us, we will, at our reasonable discretion, delete it or de-identify it as required by applicable laws.
IV. Protection of Your Personal Information
1. We will take appropriate technical and organizational measures to help protect and secure your information. We will endeavor to protect the safety of your information, for example, we will use the encryption technique to protect the safety of your information.
2. We have established the specialized system and procedure to protect the safety of your information, for example, we strictly limit the scope of personnel who can get access to the information, and we require those who have such access to comply with the related confidential liability.
3. We have the specialized department in charge of the information safety, in case of events such as information leakage, we will take timely measures to deal with such events, and we will notice you through messages or announcement.
4. 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 information, we do not promise, and you should not expect, that your information will always remain secure. If you do not agree to these risks and conditions, you must discontinue your use of the Service.
V. How We Use Your Information
1. We may use your information for any of the following purposes: to process your registration and identification on the Service; to manage your account, communicate with you and provide you with customer support; to enforce our Terms of Service; to perform research and analysis about your use of, or interest in, content via the Service; to develop and display content and advertising tailored to your interests on our Service; to contact you with regard to your use of the Service, and any changes to our policies; to verify your eligibility and deliver prizes in connection with contests, users incentive programs of the Service; to help us develop our new Service and improve our existing Service; to allow you to participate in interactive features of Kwai, when you choose to do so; to protect the safety of your account; to provide you with advertising and direct marketing that is more relevant to you; to fulfill other purposes disclosed at the time you provide your information or otherwise where we have a legal justification to do so. We may use and share personal information for legal purposes, including financial, regulatory, tax and other legal obligations and to respond to governmental or regulatory requests or subpoenas or for litigation purposes. We may use your personal information to manage our legal, regulatory, financial and business requirements, and for our legitimate business interests and those of a third party, including obtaining legal advice, in the course of disputes and litigation, internal and/or regulatory investigations.
2. We may record your information, for example, your frequency of using our Service, the crash data, the source of the application etc. to protect the stabilization and safety of our Service, but we will not combine such information with your personal information.
3. If our usage of your information exceeds your scope of authority, we will ask for your consent prior to our use.
VI. Information We May Disclose or Transfer to Third Party
1. We will not share or transfer any of your information to any third parties except as explicitly provided in this Policy or inform you and give you an opportunity to opt out of having your personal information shared. We will only share your information with third parties in the following circumstances:
1) approved or authorized by you or your guardian;
2) required by the administrative or judicial departments in the legal procedure;
3) in the suits or arbitrations litigated against you in which we aim to protect our legal rights;
4) where expressly allowed by the Terms of Service;
5) in order to protect the interests of us, you or the public from damages;
6) consistent with the agreements made by you with any other third parties.
2. We will not disclose the collected personal information to the public. If public disclosure is legally required, we will inform you of the purpose of disclosure and the type of the disclosed information.
3. In order to develop our business, we may engage in transaction such as mergers, acquisitions and asset transfer. In these circumstances, we will inform you of the related circumstances, and continue to protect or require the successor to protect your personal information in accordance with the 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 personal information 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 information 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. You may submit certain information on the Service (e.g., upload short videos). Any such information that are 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 Service.
6. We may share your information with other entities in China or in other jurisdictions worldwide affiliated with us for internal reasons, for business and operational purposes. By accepting this Policy, you expressly acknowledge and consent to the transfer of your information to such affiliates in China and to other jurisdictions worldwide that, same as China, may be deemed jurisdictions that do not provide for adequate protection of personal data. However we will ensure that all such entities affiliated with us maintain appropriate security to protect your information from unauthorized access or processing and will not share this data with any third party unless you expressly agreed otherwise.
7. If you choose to register for a promotion, such as competition, prize draw, contest, user incentive programs, your information may be disclosed to third parties for the purposes of administration of such promotion.
VII. Information Management
1. Once you have completed your Account registration and have reasonable and necessary authentication, you can review, modify, and delete the personal information 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.
2. We always put your information security in the first place. You have the right to update or correct your information, or authorize us to do the information updates and corrections. We will verify your identity first before you can update or correct your information.
3. If you have any comments or suggestions regarding this Policy or in relation to the collection, usage, storage, protection and other functions of your personal information, you can give feedback or complaints to us via in-app access for feedback or complaints or through email firstname.lastname@example.org. We will reply to you as soon as possible after receiving your comments and suggestions.
4. You can prevent us from getting your information by closing the function of our Service partly.
5. You can ask us to close your Account in order to ensure that we will no longer collect your information. We will verify your personal status, security status, common equipment and other information before closing your Account. Please be noted that the closing of your Account is irreversible, once closed, any information related to your Account will be immediately deleted or anonymized by us. We will ensure that your information will not be leaked, and you cannot get our Services once the Account bas been closed.
6. If our Services or operations terminate, we will notify you at least 30 days in advance and delete or anonymize your personal information after the termination.
VIII. 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 application updates of the changes to the Policy.
The revisions will become effective on the next day after notification and will apply to all your information.
IX. Protection of Juveniles
Anyone under the age of 16 (or such legally required age of consent for Juveniles (as defined under applicable laws) shall not use our Service. If you are a parent, you shall not allow your child under the age of 16 (or such legally required age of consent for Juveniles) to use our Service. If you learn that your child under the age of 16 (or such legally required age of consent for Juveniles) has registered for a Kwai Account, 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.
X. Contact Information
If you have any complaints, suggestions or other questions, please contact us via in-app access for feedback or complaints or through email 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 personal information, please contact us. We will strive to deal with your concerns promptly.