1.Overview
Welcome to sign up and use HeyTap account!
1.1 This agreement is entered into by and between you and BRAVO UNICORN PTE. LTD. (a company established in the Republic of Singapore with registration number 201915628R, and its registered office at 9 Raffles Place, #26-01 Republic Plaza, Singapore 048619) and its associated companies (Heytap, we, us) and governs your sign-up and use of the HeyTap account.
1.2 Limitation and liability exemption clauses may be highlighted in bold for your special attention, without prejudicing your sole responsibility of having read and understood this entire agreement.
(A)If you are located in France, Germany or Indonesia: By clicking “Agree”, completing your sign-up and using a HeyTap account (and clicking “Agree” and continuing to use the HeyTap account after a change to any relevant terms), you confirm that you have carefully read, fully understood and consented to each provision of this agreement, particularly those provisions that restrict or exempt liabilities, and the above-listed related agreements.
(B)For all other users: By completing your sign-up and using a HeyTap account, and continuing to use a HeyTap account after a change to any relevant terms, you confirm that you have carefully read, fully understood and consented to each provision of this agreement, particularly those provisions that restrict or exempt liabilities, and the above-listed related agreements. You should read this agreement carefully and should not use the HeyTap account (or should stop using the HeyTap account if you have already started using it) if you do not agree.
1.3 If you have any questions about these terms or wish to discuss them, please contact us using the details set out below. We recommend that you print a copy of these terms for future reference.
2.About HeyTap account and HeyTap Services
2.1 Our services include the HeyTap account. The HeyTap account is an identifier used by us to identify a user’s identity. The HeyTap account identifier is owned by us and you are only granted a right by us to use the HeyTap account for the purposes set out in this document and subject to your continued compliance with all applicable laws and applicable contractual terms and conditions.
2.2 When you create your HeyTap account, you will be able to use it to fully utilise a range of products and services (such as Cloud Service, APP Market, Game Center, Themes Store and Find Your Phone) provided available via HeyTap’s ecosystem, and in addition you will be able to purchase virtual coins through your HeyTap account so as to access various virtual products and services (such as games and themes) provided via HeyTap’s ecosystem. The products and services provided through the HeyTap accounts may vary across different locations.
2.3 We might engage our third party partners to provide internet-based products and services independently under their own brands. Our partners allow you to use your HeyTap account to access their products and services. Products and services provided by our partners remain subject to their own terms and conditions, may vary in different regions, and shall be provided by our partners in the form and content at their sole discretion.
2.4 Your use of HeyTap account and access to various products and services may require (and be affected by lack of) compatible hardware and software, device model, operating system versions, internet connection and other requirements. Your use of HeyTap account may also vary depending on applicable laws in your jurisdiction.
2.5 Some of our products and services may require payment from you. You acknowledge and agree that we reserve the right to charge for such products and services and to adjust the prices (and applicable taxes, as required by applicable law) from time to time. We will give you an opportunity to review these changes before they go into effect. You may elect not to continue to receive certain products and services if you disagree with such price changes. These charges are in addition to any other charges and fees that third parties may impose.
2.6 We may subcontract any part of our services to our chosen service providers or another one of our subsidiaries or affiliated legal entities at our sole discretion.
3.User Actions
3.1 You must satisfy the age requirement and soundness of mind requirement for full legal capacity as required by the laws in your country. If you do not meet the above requirement, a HeyTap account may be created for you by your legal guardian with the function. In addition, if you are under the age of 13 and located in the United States, you are not permitted to have a HeyTap account.
3.2 You warrant that all the information you submit at the time of registration is genuine, accurate, lawful, valid and belongs to you. You shall update your information promptly in the event of any change to your sign-up information subsequent to your signing up for a HeyTap account. We will not be responsible for any loss suffered from you being unable to use your HeyTap account or any product or service dependent on you having certain verified details on your HeyTap account which is caused by you providing incorrect, incomplete, or false information to us. Without limiting anything in this clause, you must not impersonate or misrepresent yourself as another person and we reserve the right to reject, block or deactivate a HeyTap account which is suspected to be an impersonation, misrepresentation or misappropriation of another person’s name or identity.
3.3 Do not reveal your HeyTap account and log-in credentials to anyone else. You are responsible for maintaining the confidentiality and security of your HeyTap account and password (for example, by regularly changing your password). In the event that your HeyTap account credentials are lost, stolen or you find someone else using your HeyTap account without your consent, you must notify us as soon as possible using the details set out below, to mitigate any loss, avoid any potential violation of applicable laws and regulations and to retrieve your HeyTap account and password.
3.4 You can use your HeyTap account within the scope set out in this agreement and as permitted by the relevant agreements of our third party partners. You agree that you will not commit any of the following actions with your HeyTap account:
(A) sign up for any HeyTap account, use the services offered through your HeyTap account, or take any action in relation to these services with malicious intent (for example, in order to misguide or deceive others);
(B) present as a gift, lend, lease, transfer or sell any HeyTap account or grant the usage of any HeyTap account to anybody else who is not an initial applicant thereof;
(C) publish, convey, disseminate or store any information that endangers national security, national unity, social stability, or otherwise contains information that may be illegal or offensive, for example, slander, pornography, violence, contents that are defamatory or that may cause unrest to others or violate any applicable laws, regulations and policies of any applicable jurisdiction, or set any username or character name containing the abovementioned information, or publish, convey or disseminate any advertising information, marketing information or spam, etc. via your HeyTap account;
(D) infringe the legitimate rights of us or others, such as intellectual property rights, portrait rights, right to privacy and right of reputation;
(E) commit any activities that are harmful to computer cybersecurity, including but not limited to: using unauthorised data or accessing unauthorised servers/accounts; accessing public computer network or other people’s computer system without authorisation and deleting, modifying or adding to the information stored therein; attempting to check, scan or test the vulnerability of our software, systems or networks without authorisation, or other acts that may damage cybersecurity; attempting to interfere with or damage the normal operation of software, systems or networks, and intentionally disseminating malicious programs or viruses, and other acts that may damage and disturb normal network information services; forging TCP/IP data packet names or part of the names;
(F) engage in any activities that impair the fairness in our service provision or disrupt any other normal procedures of our products or services (for example, proactive or passive score cheating, cooperative cheating, use of unauthorised third-party tag-on services or other cheating software, gaining of unjustifiable and illegal interests by utilising bugs (also termed “loopholes” or “defects”) or publicising the abovementioned unauthorised third-party plug-ins, cheating software or bugs online or by any other means);
(G) engage in any commercial activities such as advertising or selling goods, or engage in any illegal activities that might impair our interests;
(H) engage in other activities that are prohibited by applicable laws, regulations, policies or in violation of public order, good customs and social morality as well as those actions infringing the legitimate rights and interests of any other individuals, companies, social groups and organisations; or
(I) without limiting sub-clause (D) above, copy, modify, reverse engineer, disassemble, decompile, dismantle, attempt to export the source code, decode, and other acts that analyse or replicate the source code, structure and concept of any of our products, services or software or circumvent or attempt to bypass any technological protection measures in or relating to our products, services or software.
3.5 We (or third party advertisers) may contact you for marketing purposes and send you advertisements, promotions or publicity information in accordance with our Privacy Policy.
3.6 You are responsible for all your activities on or through your HeyTap account and any acts or omissions done on or through the products and services while logged in using your HeyTap account, including unauthorised uses where you have contributed to or are responsible for such unauthorised use.
4.Privacy Policy
4.1 We respect and endeavour to protect your privacy. For specific measures regarding our protection of your personal information, please refer to our Privacy Policy.
5.Intellectual Property Rights
5.1 You warrant that you are the owner (right holder) or have obtained legal authorisation for the information or content you publish or upload using your HeyTap account and no such information or content will infringe the legitimate rights or interests of any third party. In the event that any third party raises any objection to the abovementioned information or content, we reserve the right to delete the relevant information or content and the right to take corresponding legal action against you. To the extent permitted by applicable law, you shall pay full compensation for any losses thus caused to us or any third party.
5.2 We reserve all the intellectual property rights in relation to the design, logo, picture, layout and any other form of contents in relation to the webpage directing your registration of your HeyTap account.
5.3 Please refer to our Policy for Infringement Compliant here.
6.Disclaimer/ Limitation of Liability
6.1 The services accessible through the HeyTap account should not be relied upon for any specific purpose. We do not guarantee the genuineness, accuracy and integrity of any information, content accessible through the HeyTap account, including content uploaded by other people, advertisements, publicity or any other information of other people that you obtain via your HeyTap account (Third Party Information). You acknowledge that all Third Party Information is uploaded and provided by third parties and we make no undertakings, warranties or representations regarding any rights thereof and assumes no responsibility for any consequences resulting from your use of such Third Party Information. You use such Third Party Information at your own risk and must judge the authenticity thereof by yourself and take precautions against any possible risk that might arise in connection with such Third Party Information. You might be exposed to some offensive, improper or objectionable information when receiving services via your HeyTap account. To the maximum extent permitted by law, we will not be liable for such information. We are not liable for any direct, indirect, collateral, derivative or other losses and liabilities for any transaction or action in which we are not a direct party. If you wish to complain about content uploaded by other users, please contact us using the details set out below.
6.2 You acknowledge that there are inherent risks in using Internet-based services (including data privacy and security risks) and in view of the particular nature of Internet-based services, you understand and agree that we do not have any liability or responsibility for any direct, indirect, collateral, derivative or other losses and liabilities (including but not limited to losses in property, revenue, data files, personal information and other aspects or other intangible losses) that you may suffer in the course of using your HeyTap account that arise in connection with events out of our control, including under the following circumstances:
(A) malfunction of or inability to operate your device, any services or any connected system normally due to force majeure factors such as typhoons, earthquakes, tsunamis, floods, power outages, wars, cyber and terrorist attacks;
(B) interruption or delay or malfunction of or inability to operate your device, any services or any connected system caused by computer viruses, trojans, other malicious programs, hacker attacks, technical adjustments or malfunctions by telecommunication operators and Internet operating companies, system maintenance or any other reason beyond our control;
(C) interruption, termination or delay or malfunction of or inability to operate your device, any services or any connected system caused by changes in applicable laws and regulations, orders and rulings of judicial, administrative, and other authorities;
(D) interruption or delay or malfunction of or inability to operate your device, any services or any connected system due to internet connectivity issues; or
(E) losses or liabilities you may suffer due to your unlawful or improper use of your HeyTap account or any breach of this agreement by you.
6.3 Without limiting anything else in this agreement and except for our gross negligence or wilful misconduct, we are not responsible for any losses arising from any unauthorised use of your HeyTap account (including any losses, such as loss of virtual currency on your HeyTap account) which may occur due to unauthorised access and use of your HeyTap account caused by you or other reasons beyond our control (such as malicious programs and hacker attacks).
6.4 You use and access third party products and services using your HeyTap account at your own risk and you acknowledge that we do not control such third parties. Your use of third party products and services using your HeyTap account may be subject to additional terms of use imposed by the relevant third party. We are not a party to (and will not be liable whatsoever to either you or the such third party in respect of) any disputes between you and such third party arising out of any such agreement or other arrangement between you and such third party. You agree that you will not bring any claim or action against us in relation to any dispute you may have with such third parties.
6.5 To the extent permitted by applicable law, all warranties of any kind, either express or implied, are hereby expressly excluded, including, but not limited to, any warranties as to ownership or quality of material, or fitness for a particular purpose. Our services are provided “as is” and “as available” and we make no guarantees that they will be error-free, accurate, uninterrupted, timely or secure.
6.6 To the extent permitted by applicable law and subject to clauses 6.8 and 6.10 below, in the event that we incur any liability in connection with this agreement or the operation of HeyTap account and such liability is not otherwise limited or excluded by the terms of this agreement, our liability will be limited to reasonably foreseeable damages.
6.7 Subject to clauses 6.8 and 6.10 below, our overall and aggregate liability to you will be limited to an amount equal to your fee in respect of HeyTap account for the month during which the loss or breach occurred (or up to US$10.00 if HeyTap account is free).
6.8 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we will not be liable for any losses that are not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
6.9 To the extent permitted by applicable law, your HeyTap account and the services accessible through it are for domestic and private use and we will not be responsible for loss of profit, loss of business, business interruption, or loss of business opportunity.
6.10 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation, liability for damages caused by wilful misconduct or gross negligence, or any breach of the obligations implied by applicable consumer protection laws.
7.Liabilities for Breach of Contract
7.1 In the event that you are in breach of this agreement, we have the right to take necessary measures to promptly stop the occurrence of your breach or to mitigate the risks that may result from your breach. The necessary measures mentioned above include but are not limited to, deletion of any content uploaded by you that is the subject of a complaint, suspension or deletion of your HeyTap account, screening of your activity using your HeyTap account. Depending on the severity of your breach, your right to use your HeyTap account may be subject to warnings, restrictions, prohibitions, suspension, cancellation, termination or other limitations or consequences (as judged appropriate in our sole discretion). To the extent permitted by applicable law, all losses you may suffer (including but not limited to removal of files, Kecoins, game tools, related data and others alike) arising therefrom and as a result of your breach shall be borne entirely by yourself and we will not be liable to compensate you in any way.
7.2 You indemnify us against any direct, indirect, collateral, derivative or other losses and liabilities (including but not limited to losses in property, revenue, data files, loss in reputation, third-party claims and penalties) that we may suffer in connection with your acts or omissions in using a HeyTap account. This means that you will be liable to reimburse us on a dollar-for-dollar basis for losses and liabilities that we suffer because of the use or misuse of your HeyTap account (even if you did not authorise that use or misuse).
7.3 To the extent you have a lawful basis for making any claim against us in relation to this agreement, our services or any software or services related to our services (including for alleged breach by us of this agreement), you agree that your exclusive remedy is limited to recovering from us direct losses you suffer. We will not be liable to you for any loss or damage that is indirect, consequential, special, incidental or punitive. This limitation of liability applies to the maximum extent permitted by applicable law.
7.4 We are not liable to you for:
(A) any acts or omissions we make in accordance with any requests made by you; or
(B) any acts or omission we make (including disclosure of any information relating to you or your HeyTap account) where such act or omission is required or permitted by applicable law or regulations, orders, rulings or requests of judicial, administrative, and other authorities.
8.Termination of Services
8.1 You understand and agree that we have the right to terminate the services (or any part of them) pertaining to your HeyTap account temporarily or permanently based on our operational policies and subject to the applicable laws at any time, or for any of the reasons set out in clause 7 above. We will endeavour to promptly notify you about the suspension or termination of your HeyTap account according to applicable law, including by general notice on our websites and platforms, and we recommend that you pay close attention to our websites and platforms for any notices, promptly backup your information and any messages held or accessed via your HeyTap account and retrieve anything belonging to you (such as your virtual properties) held or accessed via your HeyTap account as necessary. We will not be liable to you to the extent you fail to take necessary measures to protect your information and properties held or accessed via your HeyTap account.
8.2 You remain liable to us for all amounts due to us from you in connection with your HeyTap account up to and including the date of termination of your HeyTap account, whatever the cause of such termination.
8.3 You may delete your HeyTap account at any time after clicking “log in and safety”, and then “more help” in your HeyTap account. If you do so, you will not have access to some of our products and services or to some of the products and services and you will lose access to certain services and all data that were accessed, stored or otherwise used in connection with your HeyTap account prior to termination. This may include deletion of your HeyTap account and all data, property and products and services associated with your HeyTap account. This action may not be reversible. To the extent permitted by applicable law, any fees paid by you on your HeyTap account prior to termination are also non-refundable (including any paid in advance for subscriptions) if you choose to terminate for your own convenience. Termination for your own convenience will not relieve you of the liability to pay any accrued obligations you owe to us (including payment of any fees or charges due to us) prior to termination.
8.4 We may also terminate or suspend your HeyTap account (at our sole discretion) in the following circumstances (without liability whatsoever to you):
(A) any breach by you of this agreement or any other terms and conditions relating to our services which are mentioned in this agreement;
(B) if required by applicable law, regulation or government action or if requested by law enforcement, a judicial body or other government agency;
(C) due to technical or security issues or problems beyond our control;
(D) any unlawful or fraudulent activity on your behalf;
(E) if we decide to discontinue HeyTap account or replace it with an alternative service; and/or
(F) for any other reason with 30 days’ prior notice subject to the applicable law.
8.5 Unless otherwise specified in this Agreement, termination will not affect rights, obligations and liabilities accrued before the date of termination.
9.Dispute Resolution
9.1 This agreement is governed by the laws of the People’s Republic of China (excluding the laws of Hong Kong SAR, Macao SAR and Taiwan), except as otherwise provided by any mandatory applicable law in your jurisdiction, in which case the governing law in relation to all or particular rights and obligations of the parties shall be the laws of your usual place of residence.
9.2 To the extent permitted by applicable law, you and we will first turn to amicable negotiations to resolve any dispute or issue in relation to your HeyTap account, the services accessible from it or this agreement. In the event that we cannot resolve the dispute or issue within 30 days from the date when such dispute has first been raised by one of us, either party will have the right to submit the dispute (which may be contractual or non-contractual) to the courts of Singapore as the exclusive dispute resolution venue, with the only exception that if the mandatory law and courts in your country provide you with an inalienable right for consideration of the dispute in your local jurisdiction and venue or will not permit you to consent to the jurisdiction and venue of Singapore or if the courts in your country consider this as being unfair, then the courts of your usual place of residence will apply to such disputes related to this agreement. This does not affect your right to start proceedings to protect your legal position.
9.3 If you are a citizen of any European Union country, after prior written request to HeyTap, you may also submit any claims on the dispute resolution platform put online by the European Commission at the following address:https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en . The European Commission will transfer your claim to the notified competent national mediators.
9.4 We have subsidiaries and affiliates legal entities around the world who may be providing services to you on our behalf or in their own right. You agree that such affiliates are entitled to provide services to you under the same terms of this agreement without the need of entering into a separate agreement with you.
10.Miscellaneous
10.1 Our Privacy Policy, and other of our agreements and policies pertaining to the HeyTap account or related services of ours which are mentioned in this agreement constitute integral parts of this agreement. To the extent of any inconsistency between the documents that comprise this Agreement, the following order of precedence will apply:
(A) the terms and conditions set out in this Agreement;
(B) the Privacy Policy;
(C) any other documents or policies incorporated by reference.
10.2 We reserve the right to revise this Agreement or any of the terms incorporated by reference from time to time as and when necessary (subject to the terms set out in those agreements and applicable law). You are recommended to regularly check our websites and platforms for the latest versions of these agreements.
If you are located in Germany : We will also inform you of such changes by email and provide you with a period of two months to object against the changed terms in writing or by email. You are deemed as to have accepted any changes if you do not explicitly object within the period of two months. We will inform you with the information together with the changes about the consequences of not objecting in writing during the period as per the preceding sentence. Changes to this Agreement will apply from the time specified in the information about the changes. In case this is not communicated, any change will apply from the point in time of information about the changes and the lapse of the period of two months without you objecting to the changes. If you object to the changes, you will be deemed as to terminate this Agreement.
10.3 Headings used in this Agreement are for convenience and ease of navigating this Agreement and shall not be used as any basis on which the meaning of the Agreement shall be interpreted.
10.4 If any term of this Agreement is found to be invalid or unenforceable, whatever is the cause, the validity of the remaining terms shall not be affected and they shall continue to be legally binding to you and us.
10.5 You must comply with any and all applicable domestic and international export laws and restrictions, including any restrictions on destinations, end users and end use. We reserve the right to suspend, restrict or terminate your access to the HeyTap account or any part of them for the purpose of complying with any such export laws and restrictions.
10.6 To the extent that you provide any feedback, suggestions, improvements or other ideas to us (whether in connection with the HeyTap account or otherwise), you do so without charge and we accept such feedback, suggestions, improvements or other ideas without any obligation to compensate you for them in any way. You acknowledge that we may use such feedback, suggestions, improvements or other ideas (including to create new products or otherwise exploit or commercialise them) in any way and for any purpose at our discretion.
10.7 10.7The United Nations Convention on the International Sale of Goods is specifically excluded from application to this Agreement.
11.Contacts
11.1 Please contact us using the details set out below if you have any questions or complaints relating to your HeyTap account, the services accessible through it or this agreement. Email support: ipr@heytap.com
Last update: July 2019
Last update: July 12, 2019
Thank you for choosing HeyTap!
BRAVO UNICORN PTE LTD (hereinafter referred to as "we/our/us". Contact Address: 9 Raffles Place, #26-01 Republic Plaza, Singapore 048619) is committed to protecting and respecting your privacy. Personal information refers to any information related to an identified or identifiable natural person. We may collect and use your personal information when you use our account, website, mobile app or other products and services (hereinafter referred to as the "HeyTap Products"), whether or not you have registered for a HeyTap account.
In this Privacy Policy, we will explain to you about the purposes, method and scope of the collection and use of your personal information by HeyTap products, your rights to your personal information, and the security measures we take to protect your information.
This Privacy Policy is a general rule that applies to all of our HeyTap products. However, due to the variety of the products and services we offer, in addition to this Privacy Policy, we also have specific privacy policies for certain HeyTap products to explain to you more specifically the rules regarding the collection and use of your personal information by such products or services. If a HeyTap product has a separate privacy policy, the privacy policy specific to that product shall prevail. For contents that are not covered by the product-specific privacy policy, this Privacy Policy shall apply.
Before using our HeyTap product, please read this Privacy Policy carefully to learn how we handle our customers' privacy.
This Privacy Policy is intended to help you understand the following:
I. How We Collect and Use Your Personal Information
II. How We Use Cookies and Similar Technologies
III. How we retain your personal information
IV. How we disclose your personal information
V. How we protect your personal information
VI. Your rights to your personal information
VII. How we handle children's personal information
VIII. Third-party service providers and their services
I. How We Collect and Use Your Personal Information
We collect personal information for more efficient operation and to provide you with the best usage experience. Our channels for collecting personal information include: (1) you provide information directly to us; (2) we obtain relevant information during your use of HeyTap products; and/or (3) we obtain personal information about you from third parties.
The information we collect depends on the HeyTap products you actually use, the environment in which you interact with us and the choices you make, including your privacy settings and the products and functions you use. When we are collecting information, you do not have to provide us with your personal information. If you choose not to provide such information, we may not be able to provide you with relevant HeyTap products, or respond to or solve the problems you have met.
1. Personal information that we collect
(1) You provide information directly to us
a. You will need to register for a HeyTap account to receive certain HeyTap products or related services. When you register for or log in to your HeyTap account, we may collect information such as your mobile phone number or email address, password, username, avatar, gender, registered SMS content, etc.; wherein, the mobile phone number or email address and password are required for registering for or logging in to the account. If you do not provide the above information, we will not be able to provide you with the account registration or login service.
b. If the relevant laws and regulations in your country have provisions on real-name authentication, we will also collect your real-name authentication information, such as your name, ID card number, etc. If you refuse to provide such information, we may not be able to provide you with the corresponding products or services; if you use your HeyTap account to log in to other third-party products or services, we may also obtain your real-name authentication information from these products or services, and verify this information with the real-name authentication information you provided to us, in order to guarantee the uniqueness of your identity.
c. If you order products, apply for return or refund, or use paid services from us, we may collect your delivery details, bank account and payment record, billing address, and other financial information, as well as your contact and communication records, in order to process your order. You may not be able to buy products, apply for return or refund or use paid services from us if you do not provide such information.
d. When providing after-sales service and customer support for you, we may ask you to provide and collect your personal information, such as IMEI and other device information, your name, mobile phone number, email address, address, etc., and we may record the call between you and our customer service.
e. At other times, we may ask you to provide your personal information and collect your personal information. Such times include when you participate in lucky draws or competitions, participate in promotional or marketing activities organized by us or our business partners, fill out questionnaires, etc.
f. Depending on the characteristics of certain HeyTap products, we may also ask you to provide and collect your personal information in other scenarios. In these cases, we will inform you in the separate privacy policy of the relevant products.
(2) Relevant information that we obtain during your use of HeyTap products
During your use of HeyTap products, we may collect information about your device and how you and your device interact with HeyTap products or services, including:
a. Device Information: Such as device name, device model, IMEI number, mobile phone model, Mac address, serial number, IP address, operating system version, etc.
b. Location Information: Such as the GPS signal of the device or information related to the nearby Wi-Fi access points and cellular base stations, device location ID, and Internet service provider ID. We will ask you if you want the location service to be enabled for the various location-based apps. You can modify the location settings of your device in the device settings to change the location information you provide to us; for example, you can change or disable the methods and servers used by location-based services, or modify the accuracy of location information.
d. Cloud Service Data: At your request, we will store your information (such as photos, videos, contacts, text messages, notes, browser bookmarks, calendar, call history, etc.) securely in our cloud.
d. Some of our HeyTap products allow you to communicate and share with other people. As required by the technology adopted in these services, such communications and shared content may be transmitted through our system and be stored in the system.
e. Depending on the characteristics of some HeyTap products, we may separately request you to grant certain user permissions or obtain other types of personal information about you. In these cases, we will inform you in the separate privacy policy specific to the relevant products.
(3) Information obtained from third parties
Depending on the characteristics of some HeyTap products, we may obtain your data from public or commercial sources where permissible by law, and may combine that information with other information that we received or is related to you. For example, to implement reward points, membership and other functions of your HeyTap account, we may collect data about your HeyTap account-related behavior in products from our affiliates or third parties that support HeyTap account (including login address, login time, duration, etc.) and other data that you have authorized to be shared.
2. How we use your personal information
We will process your personal information, with your consent and for the purposes stated in this Privacy Policy, when we need to fulfill our obligations to you under the user agreement and/or service contract, other legally binding obligations, or when we believe that such processing is required to protect the legitimate interests of ours or third parties after evaluation. We will use your personal information in strict accordance with this Privacy Policy and its updated content.
We will use your personal information for the following purposes:
(1) To create and maintain your HeyTap account: We will use the data to create and maintain your HeyTap account.
(2) To process orders: We will use the data to process orders and for the related after-sales services, including customer support, order delivery, invoice printing, etc.
(3) To provide notification and push services: We may use your data to provide you with HeyTap products or third-party content push or notification services, including Lock Screen Magazine, Quick App, app update and installation, and sales and promotion information.
(4) To provide location-based services: We or third parties will use location information to provide you with more targeted services in order to create the best possible user experience for you, such as weather information and geographically targeted HeyTap product message push services.
(5) For you to log in to your HeyTap account and use the HeyTap products provided by our platform: A HeyTap account will enable you to enjoy the products and services provided by our platform, including Cloud Service, App Market, Theme Store, Game Center, Browser, small games, payment, search and notifications. When you are using HeyTap products, we may use your data for certain functions of the product, for example, in Breeno voice service, we will, with your consent, read your contacts and schedules and provide you with such functions as smart recommendations and operation assistance.
(6) For you to log in to the products and services from our affiliates or third parties that support HeyTap account: With your HeyTap account, you may log in to products and services from our affiliates or third parties that support HeyTap account, including short videos, wallets, communities, Reader, and more.
(7) To exercise the product reward points, membership and other user rights of HeyTap products: To exercise the product reward points, membership and other user rights of HeyTap products, we may collect and synchronize data about your HeyTap account-related behavior in HeyTap products, and products and services that support HeyTap account provided by our affiliates or third parties.
(8) To improve products and user experience: We will use the mobile phone number obtained through account registration and user activities to conduct user research and surveys.
(9) To provide customer support: We use data to troubleshoot product problems, repair customers' devices, and provide other customer care and support services. We may also collect your email address to respond to the questions or comments that you post in the "Contact Us" section on our website.
(10) To prevent fraud: We may use the data you provide to verify your identity, analyze business operations efficiency, review transactions, and prevent fraud.
(11) To provide you with personalized service: We may use your personal information for user profiling and behavioral analysis, in order to display and push to you information, goods or services that are more suitable for you, or to implement better protection and security measures, such as prioritizing App Market products or services that may interest you more. At the same time, we may combine your personal information we have collected in our various services to provide you with a more optimized product and service experience overall.
(12) To carry out commercial promotion activities: For instance, if you would like to receive information about HeyTap products, services and software, or if you would like to make suggestions for improvements to HeyTap products, services and software, we will need to use your contact information to contact you. If you do not wish to receive the above content, you can turn it off at any time from "Account - My Info - Notifications and Feedback".
We will seek your prior approval before we proceed if we want to use the information for other purposes that have not been explicitly stated in our policy. We will seek your prior approval before we proceed if we want to use information collected for a specific purpose beyond the original intended purpose. We will not provide the user's personal information or behavioral data to any third parties without the user's consent.
II. How We Use Cookies and Similar Technologies
1. What are Cookies?
Cookies are small files that our websites, apps, or services transfer to and store on your device. Our websites, online services, interactive apps, emails and advertisements may use Cookies and other similar technologies, such as pixel tags and web beacons. Cookies may be stored on your computer for a short period of time (e.g., only when your browser is open) or for a long period of time, even years. We cannot access the Cookies that are not set up by us.
2. How do we use Cookies and similar technologies?
(1) We and our partners use Cookies or similar tracking technologies to better understand the use of mobile software on your device, how often you use the app, what events occur within the app, cumulative usage, performance data, and from where the app was downloaded. We will not link the information stored in the analysis software to any personal information you submit in the mobile app.
(2) We and our partners use Cookies or similar tracking technologies to analyze trends, manage websites, track user behaviors on the websites, and collect aggregate demographic information of our user base.
(3) Many web browsers have a Do Not Track feature. This feature may send a "Do Not Track" request to websites. If your browser has Do Not Track turned on, all of our sites will respect this preference.
(4) Like most sites, we automatically collect certain information to analyze cumulative trends and manage our sites. This information may include the Internet Protocol (IP) address, browser type, Internet service provider (ISP), reference/exit page, files you view on our sites (such as HTML pages and graphics), operating system, date/time stamps, and/or clickstream data.
(5) We work with third parties to display advertisements on our websites or to manage our advertisements on other websites. Our authorized partners may use Cookies or similar tracking technologies to provide you with advertising based on your browsing activities and interests. If you want to opt out of interest-based ads. Please note that you will continue to receive general ads that are not personally targeted.
3. Clear/disable Cookies
Cookies and Cookie Preferences shall only be managed from the Options/Preferences panel of your browser. Below are guides for managing Cookies in some popular browsers:
- •Microsoft Internet Explorer
- •Microsoft Edge
- •Mozilla Firefox
- •Google Chrome
- •Safari for macOS
- •Safari for iOS
4. More information about Cookies
For more information about Cookies and instructions on how to configure your browser to accept, delete or disable Cookies, please see www.allaboutcookies.org.
III. How we retain your personal information
The retention period of the personal information we collect is the minimum amount of time required to achieve the purposes of collection stated in this Privacy Policy, unless a longer retention period is required by law. We will delete or anonymize your personal information upon expiry of the retention period as described above.
If we stop operating some or all of our products or services for special reasons, we will promptly inform you and stop the collection and processing of personal information by the related products or services, and we will delete or anonymize the personal information we hold that is related to the said products or services, unless otherwise required by laws and regulations.
IV. How we disclose your personal information
In some cases, we will entrust a third party to process your personal information on our behalf. For example, companies that send text messages or emails and provide technical support on behalf of us. These companies can use your personal information solely to provide services to you on our behalf.
We may, from time to time, share some personal information with our associated companies and the strategic partners that work with us to provide products and services, in order to provide the products or services you request.
1. Affiliates: In order for us to provide you with services based on your HeyTap account, we may share your personal information with our affiliates. We will only share personal information that is necessary. If we or our affiliates change the use and processing of personal information, we will ask for your authorization again.
2. Share with authorized partners: Some of our services will be provided by our authorized partners solely for the purposes stated in this Privacy Policy. We may share some of your personal information with our partners to provide better customer service and user experience. Our authorized partners include, but are not limited to, logistics companies, cloud service providers, SMS or other technical service providers, payment or financial transactions related service providers, short video content providers, etc. For example, we will make known to the logistics company the contact information you reserved at the activity center when we need to send you prizes. Another example, when we entrust a third-party provider of technical services to provide the service of conversion from voice to text, the supplier may receive and store some personal information, but he/she will not use such information for any other purpose.
3. When we are in a process of a merger, acquisition or bankruptcy liquidation, and if such process requires a transfer of your personal information, we will require the new company or organization that shall hold your personal information to continue to be bound by the restrictions stated in this Privacy Policy, otherwise we will require this company or organization to ask your permission and consent again. If it does not involve the transfer of personal information, we will fully inform you and delete or anonymize all personal information under our control.
We will require the above-mentioned third parties to take considerable confidentiality and security measures to handle personal information through agreements or other appropriate measures.
We will publicly disclose your personal information ONLY in the following situations:
(1) After obtaining your explicit consent; or
(2) Legal Disclosure: Should we be legally required to comply with subpoenas or other legal procedures, litigations, or mandatory requirements of government authorities, we may disclose your personal information if we sincerely believe that disclosure is necessary to protect our rights, protect your or other's safety, investigate fraud or respond to government requests.
V. How we protect your personal information
We have taken reasonable and feasible technical security and organizational measures to protect the information collected for the services. However, do note that while we have taken reasonable steps to protect your information, no website, Internet transmission, computer system, or wireless connection is absolutely secure.
We have adopted security measures that are in line with industry standards to protect the personal information you provide, and to prevent unauthorized access, public disclosure, use, modification, damage or loss of the data. We will take all reasonable and practical steps to protect your personal information, including:
1. We will use SSL and other mainstream security technologies to encrypt many of our services. We will examine our practice of information collection, storage, and processing (including physical security measures) on a regular basis to prevent unauthorized access to or tampering with various systems.
2. We will strictly control the access to personal information, and only allow our employees who need to know the personal information to help us process such information, and personnel of companies authorized to handle the services on our behalf to access such personal information. These employees and personnel are required to fulfill strict contractual confidentiality obligations. Should they fail to fulfill these obligations, they may be held accountable for legal liabilities or their relationship with us may be terminated. Access logs of personal data will be kept and periodically audited.
3. The security of your information means a great deal to us. Therefore, we will continue our efforts to protect your personal information and implement safeguard measures, such as providing full encryption for information storage and transmission, to prevent your information from unauthorized access, usage or disclosure. For certain specific contents of encrypted data, no one but the user has the right to access them.
4. We will adopt encryption and other security measures to transmit and store your personal information of particular types; and we will use technical measures to process your personal biometric information before storing it, e.g., we will only store the essential components of such personal biometric information.
5. We will prudently select business partners and service providers, and implement the requirements for personal information protection to the business contracts or audits and assessments between both parties.
6. We will conduct security and privacy protection training courses, testing and publicity activities to enhance employees' awareness of the importance of protecting personal information.
7. We will use international and industry-recognized standards to protect your personal information and actively pass relevant security and privacy protection certifications.
In the event of a personal information security incident, we will, in accordance with the requirements of relevant laws and regulations, promptly inform you of the following: the basic situation and possible impact of the security incident, disposal measures we have taken or will take, suggestions for your self-protection and risk mitigation, remedies for you, etc. We will timely inform you of the relevant situation of the event by email, letter, telephone, or push notification. When it is difficult to inform owners of the personal information individually, we will issue an announcement in a reasonable and effective manner. Meanwhile, we will also actively report the handling of the personal information security incident in accordance with the requirements of the regulatory authorities.
VI. Your rights to your personal information
We respect your rights to your personal information. Below is a list of your legal rights as well as the measures that we take to protect these rights.
1. Right to be informed: We will inform you of how we handle your personal information by publishing this Privacy Policy. We are committed to being open and transparent about how we use your personal information.
2. Access permissions: You can directly query or access your personal information in our product or service interface. You can log in to your HeyTap account at any time through the product page to access the personal information about your account, including basic information, operational records, storage and download records, etc.; you can also view your usage information about the products or services, for example, you can access your browsing history in your browser. If you are unable to query or access your personal information on your own, or if you encounter any problems while exercising your right to access data, you can request access by contacting our Data Protection Officer at privacy@heytap.com.
3. Right to rectify: When you find that the personal information we processed about you is inaccurate or incomplete, you have the right to have it rectified or completed by us. For parts of your personal information, you can directly correct and modify it on the relevant function page of the product or service. For personal information that has not been made available for your modification, you can request correction or supplementation by contacting our Data Protection Officer at privacy@heytap.com.
4. Right to delete: You can delete the specific information you submitted (such as avatar, username, etc.) directly in the "HeyTap Account". If we violate our agreement with you in the collection and use of your personal information, you can also request deletion by contacting our Data Protection Officer at privacy@heytap.com.
5. Right to cancel: You have the right to cancel your HeyTap account. You can choose to cancel the account in "HeyTap Account". After you choose to cancel your HeyTap account, we will delete or anonymize all of your personal information, except as otherwise required by laws and regulations. After you cancel your account, we will no longer be able to provide you with the HeyTap account registration service and other products and services that require logging in to a HeyTap account.
6. Right to withdraw consent: To function properly, each service requires some basic personal information (see "How We Collect and Use Your Personal Information" of this Privacy Policy). You may change the scope of your authorization to us to continue collecting personal information, or withdraw your authorization by deleting information, disabling device permission settings, changing related product or function settings pages, canceling your account, etc.
If you withdraw your authorization or consent, we will no longer be able to provide you with the corresponding service for which you have withdrawn your authorization or consent. Once you have withdrawn your consent, we will no longer process the corresponding personal information. But your decision to withdraw your consent will not affect the processing of personal information based on your previous consent prior to the withdrawal.
7. Right to complain: You reserve the right to file a service complaint to privacy@heytap.com. We will respond within 15 days from the date of receipt of your complaint. If you are dissatisfied with our response, especially if our handling of personal information damages your legal rights, you can also file a complaint or report to the regulatory authorities such as the Ministry of Network Security and Information Technology, Public Security, Ministry of Industry and Commerce, or file a lawsuit in a court with jurisdiction.
Please note that, due to security reasons, we may verify your identity before processing your request. In principle, we do not charge any fees if your request is reasonable. However, based on the actual situation, we may impose a certain fee to cover our costs for repeated requests or requests that extend beyond reasonable limits. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), may be detrimental to the legal rights and interests of others, or are very impractical. In addition, we may not be able to respond to your request if your request is directly related to matters involving national security, national defense, public health, criminal investigation and other public interests, or if the request may severely impair the legitimate rights and interests of yours or those of other individuals and organizations.
VII. How we handle children's personal information
Our products, websites and services are mainly for adults. Children (we regard anyone who is under the age of 14 as a child) may not use our products without the consent of their parents or guardians. For personal information of the children collected with their parents' consent, we will only disclose this information as permissible by law, or with the expressed consent of the parents or guardians, or when it is necessary to do so in order to protect the children concerned.
If we discover that we have collected the personal information of a child without having obtained an expressed and verifiable parental consent, we will attempt to delete the relevant data as soon as possible.
VIII. Third-party service providers and their services
Our websites, products, applications, and services may contain links to third-party websites, products, and services. You can choose whether to visit or accept websites, products, and services offered by third parties. For example, the "Follow Us" feature on our official website will guide you to our official social media accounts, where you can find marketing or promotional information posted by us.
We have no control over third-party privacy and data protection policies as such third parties are not bound by this Privacy Policy. Before you submit personal information to third parties, please refer to their privacy protection policies.
IX. How your personal information is transferred globally
As a globally operating company, we provide our products or services through resources and servers around the world. We have established data centers in China, France, Singapore, India and Indonesia, which means, in compliance with local laws and regulations and with your authorization, your personal information may be transferred to, or accessed from, the jurisdictions outside the country/region in which you use the product or service.
You understand that different data protection laws involve different risks. In such cases, we will take measures to ensure that the data we collect is processed in accordance with this Privacy Policy and applicable laws, and that your personal information is equally protected as in the country/region where you use the product or service. For example, we will ask your permission to transfer your personal information across borders, and we will implement security measures such as encryption, de-identification, and signing necessary data transmission/sharing agreements with data recipients prior to cross-border data transfer.
X. How this Privacy Policy updated
We reserve the right to update or modify this Privacy Policy from time to time. We will send you notification of updates through different channels. For major changes to the Privacy Policy, if you have provided us with an email address, we will notify you via email before the changes take effect, otherwise we will post a notice on our website or send push notifications to you through our devices.
This Privacy Policy is subject to adjustments, but without your express consent, we will not diminish your rights under this Privacy Policy.
If you do not agree to the above Privacy Policy, we will not be able to collect and use the information necessary to provide the service, and will not be able to provide you with normal services.
This Privacy Policy shall come into force as of the date of the update.
If you have any questions or doubts about our Privacy Policy or practice, please contact our data protection officer at the following address:
Email: privacy@heytap.com