WeSync - Privacy Policy
We are committed to protecting your privacy while you use WeSync (“the Software”). The use of the Software requires the collection and use of your Personal Information (defined below), and it is important for you to understand how this happens and how you may control it.
By using the Software, you agree that we (and our affiliates and subsidiary companies) will handle all Personal Information in accordance with this Privacy Policy, as revised from time to time. This guidance has been written to help you better understand how your Personal Information is used generally across all of the Software.
This Privacy Policy and any service-specific privacy guidance are incorporated into and forms part of the WeSync Terms of Service (“Terms of Service”) that you have agreed to.
We regularly review this Privacy Policy and may from time to time revise or add specific instructions, policies and terms - such instructions, policies and terms form part of this Privacy Policy. Where any changes to this Privacy Policy are reasonably material to you, we will (where reasonably practicable) notify you. By continuing to use the Software after any amendment to this Privacy Policy, you are agreeing to this Privacy Policy as revised, so please do check back periodically.
Please note that if you do not agree to make your Personal Information available to us as set out in this Privacy Policy, the Software may not be fully functional or may not operate at all.
This Privacy Policy may have an English language version as a well as a version in local language. If the English language version says something different from the Privacy Policy, the English version shall apply to the extent of the difference.
If you have questions about or otherwise wish to contact us about this Privacy Policy, please contact us at qqpim@qq.com.
TYPES OF INFORMATION
"Personal Information" is information which personally and specifically identifies you, such as your name, telephone number, email address, credit card details, profile biography and profile picture. Location Data, Log Data and Public Information may also be considered Personal Information, but only to the extent that they can be used to personally and specifically identify you.
“Location Data” is information that we collect regarding your location, whether based on the location of your device when you use the Software, the IP address used to access the Software or based on information you provide such as account information indicating where you are located.
"Log Data" is technical information that is automatically collected by us during your use of the Software, such as your IP address, your application’s and device’s version and identification number, profiles visited and search terms used, your telecommunications carrier and Location Data. This may also include information regarding how you interact with any hyperlinks across the Software, including through any sites, content or profiles you visit and any email notifications that we send to you.
“Public Information” is information about you or relating to you that is shared publicly on the Software.
HOW WE USE YOUR PERSONAL INFORMATION
In the course of your use of the Software, you may from time to time upload and transfer your Personal Information to us. We may use your Personal Information for any of the following purposes:
· to provide the Software to you;
· for customer service, security, archival and backup purposes in connection with the provision of the Software;
· to provide you with advertising (as discussed in more detail below under the heading “How We Advertise”);
· to better understand how you access and use the Software, on an aggregated and individualized basis, for the purposes of improving the Software and to respond to customer desires and preferences, including language and location customization, personalized help and instructions, or other responses to your and other customers’ usage of the Software;
· to help us develop new services;
· to assess the effectiveness of and improve advertising and other marketing and promotional activities on or in connection with our service platform;
· for the purposes of software verification or administering software upgrades; and
· to allow you to participate in surveys about our products and services.
HOW WE ADVERTISE
We may also use your Personal Information for the purpose of sending you direct marketing messages (whether by messaging within the Software or by email, SMS or other means) offering or advertising our products and services and the products and services of our affiliates and subsidiary companies and of third party businesses, including:
· our goods and services and the goods and services of our affiliate and subsidiary companies and joint venture partners, including messaging services, online media services, interactive entertainment services, social networking services, payment services, internet search services, location and mapping services, application software and services, data management software and services, on-line advertising services and other social media, entertainment, e-commerce, information and communications software and services (“Internet Services”); and
· third party providers of Internet Services and goods and services relating to dining, food and beverages, sports, music, film, television and other entertainment, clothing and accessories, jewellery, cosmetics, personal health and hygiene, electronics, home furnishings and housewares, automobiles, transport and travel, banking, insurance and financial services, loyalty and reward programs and other goods and services that we think may be relevant to you.
We will honor your request to not use your Personal Information for the marketing purposes noted above. If you do not wish to receive offers or advertising from us through direct marketing please notify our Privacy Officer at qqpim@qq.com.
SHARING OF YOUR PERSONAL INFORMATION
We may share your Personal Information with our affiliate and subsidiary companies, joint venture partners and third party service providers, contractors and agents, in each case, solely for the purpose of providing the Software to you and for assisting us in carrying out the other purposes noted above. Such third parties may be located, and use your Personal Information, outside of your jurisdiction for these purposes.
You hereby consent to transfers of your Personal Information to the third parties described above outside of your jurisdiction as described in this section.
We will not transfer your Personal Information to any other third parties so as to enable them to process it for their own purposes, except with your express prior consent.
As we continue to develop our business, we may be acquired by a third party or re-organize our group structure. In these circumstances it may be the case that your Personal Information is transferred to a third party who will continue to operate the Software or similar services under either this Privacy Policy or a different privacy policy which will be notified to you. Such a third party may be located, and use your Personal Information, outside of your jurisdiction.
ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
We take reasonable steps to ensure that your Personal Information which we hold is accurate, complete and up to date.
You have the right to request to receive a copy of and make any corrections to your Personal Information which we hold. Please direct any such access request to our Privacy Officer at qqpim@qq.com. Please note that, subject to applicable laws and regulations, we may charge you a small fee for processing your request.
LEGAL REQUIREMENTS
You agree that we (or our affiliate/subsidiary companies) may be required to disclose your Personal Information in order to comply with applicable laws or regulations, or in order to comply with a court order, subpoena or other legal process, or to comply with a request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere). You also agree that we (or our affiliate/subsidiary companies) may need to disclose your Personal Information in order to enforce the Terms of Service, protect our rights, property or safety, or the rights, property or safety of our affiliate companies, employees or other users of the Software.
STORAGE AND SECURITY OF YOUR PERSONAL INFORMATION
Please note that the servers on which your Personal Information is stored may not be in your jurisdiction. You hereby consent to such transfer of your Personal Information outside your jurisdiction for the purposes described in this Privacy Policy (including to provide our Software and associated services to you).
We are committed to protecting the security of your Personal Information and we use a variety of security technologies and procedures for the purpose of preventing loss, misuse, unauthorized access or disclosure.
Please be aware that despite our efforts, no data security measures can guarantee 100% security at all times. Our systems and the communications networks through which you access the Software may be subject to security breaches and failures which are due to circumstances beyond our reasonable control.
If you have any questions about the security of your Personal Information, please contact us at qqpim@qq.com.
RETENTION OF YOUR PERSONAL INFORMATION
We will only retain your Personal Information for so long as is necessary to fulfill the purposes as set out under “How We Use Your Personal Information” section above. Should your usage of the Software be terminated for any reason, we will take steps to remove your Personal Information from the Software as soon as reasonably practicable. However, it is important to note that communications made by you using the Software may put content under the control of third parties that we cannot control.
Please also note that we may need to retain your Personal Information for archival and record purposes, as required or permitted by applicable laws or regulations, for the purpose of complying with applicable laws or regulations or otherwise protecting our rights, property or safety, or the rights, property or safety of our affiliate companies or other users of the Software.
WeSync - Terms of Service
By using WeSync (“the Software”), you are agreeing to be bound by these terms of service between you and us (“we” and “us” includes our wider group of companies) (the “Terms”).
If you are under the age of 18, your parents or your guardian must agree to these Terms before you can use the Software.
If you are using the Software on behalf of a company, partnership, association, government or other organisation, you represent and warrant that you are authorised to do so and that you are authorised to bind your organisation to these Terms.
Additional Terms and Policies
There are specific additional policies applicable to the Software, including the Privacy Policy (available at http://pim.qq.com).
These additional terms of service and policies, along with any other instructions, terms of service and policies relating to the Software which we notify to you at any time, all form part of these Terms. If any additional terms of service or policy say something different from these Terms, such additional terms of service or policy shall apply to the extent of the difference.
These Terms may have an English language version as a well as a version in local language. If the English language version says something different from the Terms in your local language, the English version shall apply to the extent of the difference.
If you access third party websites or services through the Software, you must also comply with terms and conditions applicable to those third party websites or services. There may be additional third party terms and conditions that you must comply with in your use of the Software; these are (if applicable) set out at the end of these Terms.
Changes to the Terms
We make changes to our Terms over time, so please come back and review them.
Where any changes to these Terms are reasonably material to you, we will (where reasonably practicable) notify you via our http://pim.qq.com but we do not guarantee that any notice will be given. By continuing to use the Software after any amendment to these Terms, with or without notice from us, you are agreeing to be bound by these Terms as revised.
Your account
You will need an account in order to use the Software (such account being the “Account”). You may register for such an Account using either your Tencent QQ Account or your phone number. If you register for an Account using your Tencent QQ Account, your use of that Tencent QQ Account is (in addition to any applicable terms set out in these Terms) subject to the general Tencent QQ Chat Software Licence Agreement (the “General QQ Agreement”) as set out at http://zc.qq.com/chs/agreement1_en.html (in particular, clause 3.2 of such General QQ Agreement) and which are incorporated into these Terms.
The Account you have opened with us to access the Software is personal to you and you shall not gift, lend or transfer your Account to any person. Your Account name remains our property and we can reclaim and reuse the Account name once your account is terminated or deactivated for whatever reason by either you or us.
You are responsible for: (i) safeguarding any passwords used to access your Account and the Software, and (ii) all use of the Software under your Account. You will promptly notify us at qqpim@qq.com. if you believe that your password or Account has been compromised.
Your use of the Software
You must comply with these Terms in your use of the Software and only use the Software as permitted by applicable laws and regulations, wherever you may be when you use them. You must review these Terms and our policies and instructions to understand how you can and cannot use the Software.
As the Software and user experience are constantly evolving, we may from time to time add, change or remove scope or features from services (including in relation to whether a service is free of charge or not), or suspend or terminate a service altogether. We will (where reasonably practicable) give you advance notice of these changes, but do not guarantee that any advance notice will be given.
The Software and our intellectual property rights
We grant you a limited, personal, non-exclusive, non-sublicensable, non-transferrable, royalty-free and revocable licence to use the Software (and any documentation associated with the Software as provided by us) in accordance with these Terms (including any specific technical requirements that relate to the software or its use on your particular device). You must not, at any time, use the Software for non-personal usage, and you may not rent, transfer, lease, sell, sublicense, assign or transfer your rights in the Software to any other party (for financial profit or otherwise) except as expressly permitted in these Terms.
You must comply with these Terms in your use of the Software and only use the Software as permitted by applicable laws and regulations, wherever you may be when you use them. You must review these Terms and our policies and instructions to understand what is permitted within your usage of the Software. Please note that there may be additional third party terms applicable to your use of the Software – we set these out at http://pim.qq.com.
As the Software and user experience are constantly evolving, we may from time to time add, change or remove scope or features from the Software (including in relation to whether the Software is free of charge or not), or suspend or terminate the supply of the Software altogether. We will (where reasonably practicable) give you advance notice of such changes, but do not guarantee that any such advance notice will be given.
All intellectual property rights in the Software (including any future updates, upgrades and new versions) shall continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trade marks or product names, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding the Software are entirely voluntary and we will be free to use such comments and suggestions in our discretion without any obligation to you.
You may not copy, modify, reverse compile, reverse engineer or extract source codes from our software, except to the extent that we may not prohibit you from doing so under applicable laws or regulations or you have our prior written consent to do so. Where the applicable laws and regulations entitle you to reverse compile or extract source codes from our software you must first contact us to request the information you need.
To the extent that any software forming part of the Software or otherwise provided to you in connection with the Software is made available under an open source licence, the provisions of that licence shall prevail over the these Terms in relation to the open source software to the extent required.
Please note that our software may update automatically on your device once a new upgrade or version is available. Some of the Software may not operate properly or at all if upgrades or new versions are not installed.
Sharing Your Content
If you submit, upload, transmit or display any content in connection with your use of the Software (“Your Content”), including information of your contacts and text messages, you will continue to own Your Content and we will not sell it to any third party. We will not automatically upload any of Your Content from your device; such uploading will only occur where you have chosen to do so within the Software. You agree that where you upload Your Content, we will treat Your Content in accordance with these Terms and the Privacy Policy.
You agree that we (or our affiliate/subsidiary companies) may be required to disclose Your Content in order to comply with applicable laws or regulations, or in order to comply with a court order, subpoena or other legal process, or to comply with a request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere).
You are solely responsible for Your Content. You must ensure that: (i) you have the rights you need to submit, transmit or display Your Content, and (ii) Your Content does not infringe the rights of any person or otherwise contravene any applicable laws and regulations. We respond to notices of alleged intellectual property rights infringement and other claims and demands, and we reserve the right to suspend your access to and use of the Software, as is in our opinion appropriate or as required by applicable laws and regulations.
Other content made available through the Software
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by the Software, including the content provided by any other users or advertisers. You acknowledge and agree that by using the Software you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on the Software by you is at your own risk.
We may review (but make no commitment to review) content made available through the Software to determine whether or not it complies with our policies, applicable laws and regulations or is otherwise objectionable. We may remove or refuse to make available or link to certain content if it infringes intellectual property rights, is obscene, defamatory or abusive or violates any other rights. Your use of the Software does not give you any rights in or to the Software or any content you may access or obtain in connection with your use of the Software.
If you have any concerns regarding any content on or any other aspects of the Software, please contact qqpim@qq.com.
Advertising content
Some of the Software will deliver advertising and commercial content to you. You agree that we are allowed to do so and may not always identify paid services and communications as such.
Warranty and disclaimer
We warrant that we will provide the Software using reasonable care and skill. However, apart from this warranty and to the extent permitted by applicable laws and regulations, neither us nor any of our affiliated companies make any representation or warranty or give any undertaking in relation to the Software or any content submitted, transmitted or displayed by the Software, including any representation, warranty or undertaking that the Software will be uninterrupted, secure or error-free or free from viruses or that our software or services will be compatible with your device or that the Software will be of merchantable quality, fit for a particular purpose or not infringe the intellectual property rights of any person. All of the Software are provided on an “as is” and “as available” basis. To the extent permitted by applicable laws and regulation, you waive any and all implied representations, warranties and undertakings.
Liability
The total aggregate liability of us and our affiliated companies in connection with these Terms or the Software, arising out of any circumstances, shall be limited to USD100.
In no event will we or any of our affiliated companies be liable in connection with these Terms or the Software for any damages (whether direct, indirect, special, consequential or punitive damages or for any loss of business, revenues, profits, goodwill, content or data) caused by (i) any computer virus, Trojan horse or other damage caused by malware or hackers; (ii) any malfunction or failure of our or your software, system, hardware or connectivity; (iii) your improper operation; (iv) your use of the Software in breach of these Terms; or (v) other reasons beyond our reasonable control or predictability.
Nothing in these Terms shall limit or exclude any liability under any indemnity, any liability for any loss arising from death or personal injury caused by negligence or fraudulent misrepresentation or any other liability, to the extent that any such liability cannot be limited or excluded by applicable laws and regulations. In addition, nothing in these Terms limit your statutory rights or excludes any other liabilities, to the extent these may not be limited, exclude or waived by applicable laws and regulations.
You agree that if you are using the Software on behalf of a company, partnership, association, government or other organisation, you: (i) represent and warrant that you are authorised to bind that organisation to; and (ii) indemnify us, our partners and our affiliated companies against any claims, demands, losses, costs, expenses and liabilities arising from such use or any breach of these Terms.
Please note that we are not responsible for any charges you incur from any other party (including data charges and any other telecommunications service charges) in relation to your use of the Software.
Termination
These Terms will apply to your use of the Software until access to the Software is terminated either by you or by us. Following termination of these Terms, we will only retain and use your content and data in accordance with these Terms, in particular the Privacy Policy.
General
These Terms are the entire agreement between you and us in relation to the Software. You agree that you will have no claim against us, our partners or any of our affiliated companies for any statement which is not explicitly set out in these Terms. The invalidity of any provision of these Terms shall not effect the validity or enforceability of any other provision. No delay in enforcing any provision of these Terms shall be construed to be a waiver of any rights under that provision. Any rights and obligations under these Terms which by their nature should survive, including but not limited to any obligations in relation to the liability of the respective parties, will remain in effect after termination or expiration of these Terms.
No person other than you and our affiliates and subsidiary companies shall have any right to enforce these Terms against any person.
Except where any applicable special terms incorporated into these Terms provide differently, these Terms and any dispute or claim arising out of or in connection with these Terms shall be governed by the applicable laws and regulations of the Hong Kong Special Administrative Region and all legal proceedings arising out or in connection with these Terms shall be settled by arbitration in English in Hong Kong under the Hong Kong International Arbitration Centre Administered Arbitration Rules in force at the time of the dispute, appointing one arbitrator, except, in either case, the applicable laws and regulations of your jurisdiction do not permit this to be the case, in which case such proceedings shall be brought in the courts of the Hong Kong Special Administrative Region.