Ping An Cloud Privacy Policy

Ping An Cloud Privacy Policy

Updated on May 10, 2020

Dear users,

The security of your personal information is of utmost importance to us. We will collect your information on a necessary and reasonable basis in accordance with laws and regulations, and take all reasonable precautions to protect your personal information from unauthorized use; hence we develop this Privacy Policy (hereafter referred to as "this Policy") and remind you: please be sure to carefully read and thoroughly understand this Policy before submitting your information to Ping An Cloud; please pay close attention to the terms and conditions on exemption or limitation of liability, applicable laws and dispute resolution, which are listed in bold type. You shall not use the relevant product and service until you fully understand and accept them. By accessing and using Ping An Cloud services, you accept the practices described under this Policy. This Policy takes effect on the date when you click "Confirm" or opt to accept this Policy in any other means. In reading this Agreement, if you do not accept this Policy or all of the terms and conditions herein, please do not click the "I agree" button.

If you have any query, comment or advice, please contact us via means provided by Ping An Cloud.

Definition

1. Ping An Cloud: the Ping An Cloud website (https://pingancloud.com), being the products and services independently developed and operated by Shenzhen Communication Technology Co., Ltd.

2. Affiliate: any entity that controls the specific entity directly or indirectly through one or more intermediaries, is controlled by the specific entity, or is controlled by the same entity jointly with the specific entity. "Control" means the direct or indirect power to conduct or direct the management and policy-making of the entity through voting shares or other voting equities pursuant to this Agreement or by any other means, and in no event such power shall be limited to the aforesaid provisions.

3.Personal information: a variety of information you provide in order to use Ping An Cloud products and services or third-party products and services on Ping An Cloud, including but not limited to account registration information, name (corporate name), contact information, platform registration information, invoice information, contract information, ID, corporate information, phone number, email address, mailing address and biological information (such as voiceprint and fingerprint) that you provide in the process of using services.

4. Business data: unlike personal information, it refers to the data you upload, download and distribute through Ping An Cloud services and process with Ping An Cloud technologies.

5. Third party: regulators, and providers of products or services other than proprietary products and services of Ping An Cloud, its affiliates and partners.

This Policy includes the following:

I. Our Undertaking

II. Purposes and Scope of Our Collection of Personal Information

III. How We Collect Personal Information

IV. How We Use Personal Information

V. How We Store Personal Information

VI. How We Share Personal Information

VII. How We Protect Personal Information

VIII. How We Use Automatic Collection Tools, Like Cookie

IX. Your Control over Personal Information

X. Disclaimer (very important)

XI. Notification of Change

XII. Updating and Effect of this Policy

XIII. Children and Privacy

XIV. Our Contact Information

XV. Applicable Laws and Dispute Resolution

I. Our Undertaking

1. We only collect and process your personal information on a necessary and reasonable basis.

We undertake to collect and process your personal information only on a necessary and reasonable basis. We collect and process your personal information in order to comply with the state laws and regulations, and provide you with tailor-made and better products or services through our platform (including supporting us in developing new products or services, or improving functions of existing products or services).

2. We may collect and process your personal information only when you are notified and grant consent.

We undertake to notify you of what personal information we collect and process, why and how we collect and process the information through this Policy or web page prompts. We respect your choice, and will notify you of any significant change in the scope, purposes or means of our collection and processing of personal information.

3. We respect your management of personal information.

We ensure that your personal information provided will not be maliciously altered, damaged or missing. We understand and respect your concern about your personal information, and provide you with channels to check, correct and delete your personal information. Please contact us through our official Customer Service if necessary.

4. We will take all necessary measures to protect your personal information.

We undertake to adopt necessary security measures within our capacity in order to ensure the security of your personal information, including but not limited to protecting your personal information through software, software, data, personnel, physical environments as well as their infrastructure protection measures in accordance with applicable laws and regulations and standard requirements. In addition, we will sign Non-disclosure Agreement (NDA) or relevant letters of commitment with the employees concerned, and urge them to abide by this Policy by giving training in security awareness.

II. Purposes and Scope of Our Collection of Personal Information

When accessing and using Ping An Cloud products and services, you take the initiative to provide your personal information to us and third-party product providers; and we also collect your information through automatic collection tools and third-party product providers. Purposes and scope of our collection of personal information:

1. Personal information collected for identifying your identity, contacting you, or improving our operation system (for example, ensuring you get required products or services in a more accurate, convenient and efficient manner), including your registered account on our platform, or the information you provide to us when using our products or services, including but not limited to your platform registration information, invoice information, contract information, real name, ID, corporate information, phone number, email address, mailing address and biological information (such as voiceprint and fingerprint).

2. Personal information collected to provide products or services to you, including but not limited to your third-party payment account, bank card type, card holder's name, card number and opening bank.

3. If you have purchased or used relevant products or services of our affiliates or other business partners, we may collect your personal information provided in their products or services through legal and compliant means.

4. In addition, in order to improve the quality and accuracy of our products or services, we also collect information including but not limited to your IP address, device identifier, hardware model and operating system version, and log information relating to our services.

III. How We Collect Personal information

1. What you directly give us

You might provide some personal information to us (please see "Purposes and Scope of Our Collection of Personal Information" for details) when contacting us through Ping An Cloud or emails, phone calls or other means. If you don't provide such information or the information provided is erroneous, it might affect the level, quantity and type of products or services you obtain.

2. Collected through our products or services

In addition to what you give us directly, we may collect your information through such automatic collection tools as cookie, for example, your IP address, device identifier, hardware model, operating system version, location and log information relating to our services. If you refuse us to collect such information, we will be unable to provide functions of relevant products or services in whole or in part, but it will not affect our providing key products or services to you.

3. Information from affiliates

We may get your information from affiliates, including but not limited to the registration information you provide in order to purchase products or services from affiliates. If you refuse to authorize or allow us to obtain such information, it might cause us not to be able to provide products or services in whole or in part to you, or affect the level, quantity and type of products or services you obtain.

4. Information from third parties

We might validate your information through third parties, or inquire third parties of your other information through the information you provide, including but not limited to your platform registration information, invoice information, contract information, real name, ID, corporate information, phone number, email address, mailing address, and biological information (like voiceprint and fingerprint). If you refuse to authorize or allow us to obtain such information, it might cause us not to be able to provide products or services in whole or in part to you, or affect the level, quantity and type of products or services you obtain.

5. Information shared by you

When you share your content with family and friends using our products or services or invite others to use our products or services, or we need to reach you through your family or friends when necessary, we might collect the information you provide with regard to the aforesaid persons, such as their name, mailing address, email address and phone number. If you refuse us to collect such information, we will be unable to provide relevant services or reach you in a timely manner.

6. We may collect and use your personal information as permitted by laws and regulations without your authorization or consent in the following situations:

1) Related to national security, and national defense security;

2) Related to public security, public health, and major public interests;

3) Related to criminal investigation, lawsuit, trial and enforcement of judgment;

4) For the sake of safeguarding your and others' major legal rights over life and property, yet difficult to gain your consent;

5) Personal information collected from what you give to the public;

6) Personal information collected from legal and open information disclosure, such as legal news reports and open government information;

7) Academic research institutions need to carry out statistical or academic research based on public interests; and when academic research or description results are provided externally, personal information contained in the results is processed through de-identification.

8) And any other circumstances required by laws and regulations.

IV. How we use personal information

The purposes, means and scope of our use of your personal information are slightly different in different scenarios. Below please find the details:

1. Providing our products or services to you, supporting us in improving the quality of our products or services, or using the information for the resolution of potential disputes

We might use what you directly give to us, or the information from affiliates, including but not limited to your platform registration information, real name, ID, corporate information, phone number, email address, and biological information (like voiceprint and fingerprint).

2. Working together with third parties to validate and match your identity information so as for us to confirm it is your operation or use it for the resolution of potential disputes

3. Helping you fulfill your contractual obligations in accordance with laws and contracts

4. Updating you on our products or services you are using, or our other services; and with your consent, sending you service status notifications, showing or recommending you the products or discounts with a higher relevance

We might use what you directly give to us, or the information from affiliates, including but not limited to your real identity information, electronic identity information, IP address, device identifier, hardware model, operating system version, and log information relating to our services.

5. Communicating with you or responding to your queries and requests, or providing updated information to you, including but not limited to changes to the user service agreement, this Policy, and other terms and conditions, changes to products or services, or other changes of which we think it necessary for us to notify you

We might use what you directly give to us, or the information from affiliates, including but not limited to your real identity information.

6. Using the information for monitoring the performance and stability of our platform, optimizing the performance, and supporting us in improving the online service quality

We may collect your information through such automatic collection tools as cookie, including but not limited to your IP address, device identifier, hardware model, operating system version, location and log information relating to our services.

7. Using the information for our internal risk management

We might use what you directly give to us, or the information from affiliates to help us with the internal risk management, with the relevant information including but not limited to your real identity, electronic identity, biological information, income, information you provide to affiliates or other business partners for registration, as well as the products or services purchased.

8. Contacting the entities with whom you share your content according to your requirements

When you share your content with family and friends using our products or services or invite others to use our products or services, or we need to reach you through your family or friends under necessary circumstance, we might use the information you provide with regard to the aforesaid persons, such as their name, mailing address, email address and phone number.

9. Other potential uses of your personal information

1) Preventing or prohibiting illegal activities;

2) Meeting obligations in accordance with laws and regulations;

3) Other uses as permitted by you.

V. How We Store Personal Information

1. Region

Your personal information is stored inside the PRC territory, and your personal information is not stored outside PRC territory.

2. Period

Unless otherwise stipulated by laws and regulations, we shall store your personal information:

1) During the period in which you are using our products or services, we will take account of the necessity of products or services offering and store or delete your personal information as per business requirements.

2) Notwithstanding the foregoing Clause 1, you still have the right to delete such information at your own discretion or close your account as permitted by relevant technical settings.

3) Notwithstanding the foregoing Clause 2, we shall continue to store your personal information as required by obligations according to laws and regulations related to national security and cyber security or government orders until such obligations are exempted.

VI. How We Share Personal Information

We shall diligently take care of your personal information, and shall not share such information with any companies, organizations and individuals but our affiliates and partners.

1. Affiliates and partners sharing the information

1) Affiliates: we may share such information with the affiliates for the support purpose, provided that your prior authorization or approval is given, including but not limited to system and tech support, judgment of your account status, selection of quality users, or provision of products or services, product recommendation, market research and information analysis.

2) Partners of technical services: they will gather information such as your locations and devices (under special circumstances, including your personal information voluntarily provided by you) and send it to technical service providers for the purpose of support which is including but not limited to services of technical infrastructures, functional services related to the products or product links, analysis of usage of online services, measurement of efficiency of ads and services, provision of customer services, surveys and analysis.

2. Sharing requirements

We, prior to sharing such information, shall conclude agreements and NDAs with any third parties except the affiliates sharing your personal information with us to strictly protect data safety. They will be required to take relevant confidentiality and safety measures to deal with such information. We shall not transfer your personal information to any companies, organizations and individuals except our affiliates and partners, except in the following circumstances:

1) obtaining your authorization or approval in advance;

2) providing your personal information as required by national laws, regulations, legal procedures, or compulsory government requirements or judicial rulings;

3) using your personal information by following other legal documents (such as provisions herein) signed by you;

4) in case of transfer of personal information arising out of merger, acquisition or bankruptcy liquidation, we will ask new companies and organizations who are possessing your personal information to continue to abide by this privacy policy, otherwise we will ask the new companies and organizations to obtain your authorization and approval again.

VII. How We Protect Personal Information

We shall take proper safety and tech measures complying with industry standards to protect your personal information, including but not limited to strict in-house information management procedures, data encryption, accountability mechanism, access and control permission, and safety measures, for the purpose of preventing loss, illegal usage, unauthorized access, leakage, tamper, or damage.

People are only permitted to access or use such information after reasonable validation of identity on a need-to-know basis. Meanwhile, we shall ask them to perform obligations of confidentiality and safety; if not, they will be held accountable or employment contracts will be terminated.

In order to protect your information security, we shall access, modify or delete your incorrect information based on strict validation upon your request (unless we have to keep such information due to any legal reasons).

If your personal information security is affected by any security event, we will keep you notified of it via email, SMS, telephone and push notifications according to the contact information you provided, and we will also provide suggestions on reduction or prevention of relevant risks.

If necessary, we will report this to relevant authorities according to applicable laws and regulations. We will timely respond to security risks such as system vulnerabilities, cyberattacks, viruses, and cyber intrusions. We will act according to emergency response plans of cyber security, and deliver reports to relevant authorities.

VIII. How We Use Automatic Collection Tools, Like Cookie

We will use cookies and other technologies to record information on your usage of Ping An Cloud, including but not limited to your IP address, device identifier, hardware model, OS version, location and service logs. Such technologies are able to help users log into our web page and help us better understand user's behaviors and your browsing history, facilitating understanding and improvement of products, services, and online search.

Many cookies are important. For example, cookies record your account information to avoid re-inputting registration information, or help you judge account security. Other cookies help us understand your way of browsing our website for the improvement purpose. By using relevant analysis tools, we can analyze the load time, users' visits as well as information most frequently viewed by visitors. Cookies help us find out something that is below our expectation, urging us to make corrections and provide better products and services for you.

All the most popular browsers allow you to manage your cookies. You can accept or refuse all cookies, or refuse specific cookies. You will only have access to part of our website after turning off cookies. Moreover, we will not be able to provide all or part of products or services, which may affect the levels, quantities, and types of products or services you are entitled to.

IX. Your Control over Personal Information

We respect your control and authority over your personal information, and provide you with measures to help you control your personal information. You have the right to inquire about, correct, manage and delete your own personal information and protect your privacy.

For your updating, management and deletion of your personal information, we do not charge you any fees in principle. However, for multiple repeated requests, and excessive and unreasonable requests, we will charge you a certain cost as appropriate, or postpone or reject your requests.

If you want to access, update, manage or delete your personal information, you may go through the following procedures:

1) Logging on to your registered account to access, update, manage or delete your personal information as permitted by relevant technical settings;

2) Contacting us through our "contact information" published --- we shall be very happy to provide all necessary assistance to you.

In case of any the following situations, we will be unable to respond to your requests for updating, management and deletion according to laws and regulations:

1) Related to national security, and national defense security;

2) Related to public security, public health, and major public interests;

3) Related to criminal investigation, lawsuit and trial;

4) There's substantial evidence showing that you behave in a malicious way or misuse you power;

5) Responding to your request will cause serious damage to legitimate interests of other individuals and organizations.

6) And any other circumstances required by laws and regulations.

X. Disclaimer (very important)

We are uncertain that whether the system, email, instant messaging, social media app, transaction platform as well as means of communication with other users are encrypted or not when you use our products or services, which is also beyond our control. Please protect your personal information. Thanks for your understanding.

Please understand that our website may contain links of the third-party websites, products or services. Providers of the third-party products may gather your personal information. You must abide by regulations related to the personal information stipulated by the providers of third-party products. We hope you can understand their privacy policies. We will try our reasonable efforts to ask them to take measures to protect your personal information. The providers of third-party products shall bear all responsibilities arising out of losses caused by their actions. If you find that their pages or apps or products and services are risky, you are advised to terminate relevant operation so as to protect your legal interest.

XI. Notification of Change

We shall review and update the policy on a regular or irregular basis according to our business model. Such revision shall constitute a part of the policy. We shall not reduce your entitled rights without your explicit approval.

We will keep you informed of relevant changes via reasonable means. Your continuous use of our products or services will be deemed acceptance of our revised provisions.

In case of any major changes, we will notify customers via more effective manner. If necessary, we will try to understand your satisfaction with the changes. Major changes to the policy are including but not limited to:

1) Major changes to our service model;

2) Major changes to targets of information disclosure;

3) Major changes to rights and exercise of rights related to information processing.

4) Changes to our contact information and complaint channel.

XII. Force Majeure

Malicious and non-malicious cyber attacks may exist or occur due to rapid development of computer and internet technologies and limitations in updating. Despite our continuous efforts to enhance and improve security measures to prevent accident or damage of your personal information, we are not able to fully guarantee the safety of your personal information.

Leakage of your personal information may occur despite our necessary measures stipulated by laws and regulations, which is the problem may be faced by other companies given the information technology, cyberspace, and some special conditions. Unless otherwise stipulated herein, we advise you against providing your account password, validation code and communication contents to us or any third party providing you with products or services in our name through the public network.

XIII. Updating and Effect of this Policy

Before this Policy comes into effect, we agree that the updated contents of this Policy apply to both parties if you think the updated Policy is more advantageous to you.

XIV. Children and Privacy

We attach great importance to protection of personal information of children using our services. Our website, applications and relevant products or services do not target and are not intended for users under the age of 18. We do not knowingly collect personal information from any users under the age of 18 unless you take the initiative to provide it and it is necessary to provide some of their information with a view to obtaining some products or services.

If you are a user under the age of 18, please do not attempt to register with this Website, or provide any of your personal information to us in any other means. Otherwise, you and your guardian shall bear all legal consequences. If we learn that we have collected the personal information of a child under 18 for neglect of duty, we will take steps to delete the information as soon as possible.

XV. Our Contact Information

If you have any query, comment or advice on this Policy, or you have any comment, advice, complaint or tip-off about collecting, using, sharing, accessing, deleting and correcting your personal information, or you have any question in using the products or services, please contact us via the following means. We will reply to you in a timely manner within a statutory or reasonable period. Please contact us at https://pingancloud.com or dial our customer service hotline: 400-151-8800 to provide your user feedback.

XVI. Applicable Laws and Dispute Resolution

1. Applicable laws

The execution and interpretation of this Policy, and the resolution of dispute are all governed by laws of the People's Republic of China, without considering any conflict of laws.

2. Resolution of Disputes

Where you start in an appropriate manner and continue to use our products or services for more than 7 days, or you have not expressly refuse to accept the relevant contents of this Policy through the contact means published by us, it is deemed that you fully understand and agree to this Policy. You understand and agree that the personal information we collected and used in accordance with this Policy remains in effect before you expressly reject this Policy.

Where any dispute over this Policy or the implementation of this Policy arises between you and us, both parties shall resolve it through friendly consultation; in the event no resolution can be achieved through consultation, you may lodge a complaint or give a tip-off to the industry association, regulators or competent authorities concerned, or submit this dispute to Shenzhen Court of International Arbitration (Shenzhen Arbitration Commission)for arbitration. The arbitration award shall be final and binding upon both parties. The arbitration fee shall be borne by the losing party.

3. Version

In case of any discrepancy between the Chinese version and the English version of this Policy, the Chinese version shall prevail.