TouchPal Privacy Policy
Effective Date: July 1, 2018
Update Date: August 16, 2019
We take your privacy and data security
seriously. This TouchPal privacy policy ("Privacy
Policy”, or “Policy”) is meant to help you understand what data we collect, why
we collect it, how we process it, and your rights in connection with how we
process your Personal Data (as defined in Section 1).
This Privacy Policy applies to your use of
the TouchPal Keyboard and any data, products,
services and associated materials or media supplied with it, including any
revisions, updates and/or modifications to it (collectively, “TouchPal Keyboard”, or “Apps”, or “Services”). As described
below, this Privacy Policy applies to the activities of:
Shanghai ChuLe (CooTek) Information Technology Co., Ltd. (“We” or “we”), with the address of Floor
10-11, T2 Powerlong City, No. 16, Lane 399 Xinlong Road, Shanghai.
The use of TouchPal
Keyboard involves the processing of your Personal Data. It is important for you
to understand how we process your data and how you may control it. BY USING TOUCHPAL KEYBOARD, YOU AGREE TO
THE PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY POLICY. IF
YOU DO NOT AGREE WITH THIS PRIVACY POLICY, PLEASE DO NOT CONTINUE TO DOWNLOAD OR
USE TOUCHPAL KEYBOARD.
This Privacy Policy
contains the following sections:
1. Types
of Personal Data We Collect
2. How
We Process Your Personal Data
3. Legal
Basis for Processing Your Personal Data
4. International
Transfer of Personal Data
5. Storage
of Your Personal Data
6. How
We Protect Your Personal Data
7. Your
Rights and Choices
8. Retention
of Your Personal Data
9. Tracking
Technologies
10. Personalized
Ads, Third Party Links, and Features
11. Children’s
Privacy
12. Changes
to This Privacy Policy
13. Contact
Information and Representative
1.
Types of Personal Data We Collect
“Personal Data” is any data, or combination
of data, that relates to you, which can be used, directly or indirectly, to
identify you. We process different categories of Personal Data in providing TouchPal Keyboard to you. We have set out below, in a table
format, a description of the types of Personal Data we collect, the sources we
collect it from for processing Personal Data under applicable laws and rules.
|
Source
of Personal Data |
|
|
Device data, such as system name, system version, system API level, current
language and region of the system, device's details, ID, MAC address, vendor,
resolution, DPI, size, CPU, GAID, Android ID |
automatic collection |
|
Location data, such as the locale of the user’s device, GPS data, IP address, country, region or city obtained by system |
automatic collection |
|
Account data, such as name and password of TouchPal Keyboard account, and name, email address, and ID of your Facebook/Twitter/Google account if you connect
to such account |
data provided by users
and data from third party services |
|
Log data, such as user’s input behaviors
statistics, crash information, input method usage statistics, and usage statistics
of Apps and other applications that need to open TouchPal
Keyboard when they are in use |
automatic collection |
|
Input data, such as user’s input content in current textbox, the
previous information of user's current device screen, content of voice
recognition, text messages, chat content when
using Twitter/Facebook or any other
chatting applications |
data provided by users
|
|
Other Personal Data, such as facial recognition
data, the application name list installed on your device, etc. |
data provided by users
or automatic collection |
2.
How We Process Your Personal
Data
We may process your Personal Data for the purposes
described below in this Privacy Policy (i) with your
consent, (ii) for compliance with a legal obligation to which we are subject or
(iii) when we have assessed that it is necessary for the purposes of the
legitimate interests pursued by us or a third party to whom it may be necessary
to process that Personal Data.
(1) We may process your Personal Data to help us
develop, operate, deliver, and improve TouchPal
Keyboard (legitimate interest);
(2) We may process your Personal Data to respond
to your request for information and provide you with more effective and
efficient Apps and Services (legitimate interest);
(3) We may process your Personal Data to provide
customized advertising you see, and content we provided on TouchPal
Keyboard (consent);
(4) We may process your Personal Data to promote
safety and security of TouchPal Keyboard, and to
understand and resolve App crashes and other issues being reported (legitimate
interest);
(5) We may process your Personal Data to contact
you by email, or other approaches regarding TouchPal
Keyboard and other subjects that we think may be of interest to you (legitimate
interest or, where required, consent);
(6) We may process your Personal Data to engage
in analysis, research, and reports regarding use of TouchPal
Keyboard (legitimate interest);
(7) We may process your Personal Data to comply
with any procedures, laws, and regulations which apply to us where it is
necessary for our legitimate interests or the legitimate interests of others
(legal obligation or legitimate interest);
(8) We may process your Personal Data, even duly
anonymized if necessary, in order to make any future potential purchasers of
our company in capacity, under strict confidentiality contractual obligations,
of assessing their interest in proceeding to a corporate operation, such as a
merger or acquisition (legitimate interest); and
(9) We may process your Personal Data to
establish, exercise, or defend our legal rights where it is necessary for our
legitimate interests or the legitimate interests of others (legitimate
interest).
We may use your Personal Data for purposes
other than the ones listed above. Should this be the case, we will inform you
of the purpose in accordance with applicable laws and regulations.
3.
Legal Basis for Processing Your Personal
Data
Please note that depending on the purpose for
which we process your Personal Data, we may rely on more than one legal basis
for processing. The legal bases for using your Personal Data as set out in this
Privacy Policy are as follows:
(1) Where you have given your consent, which you
may withdraw at any time by contacting us at the email address listed in
Section 13 below;
(2) Where use of your Personal Data is necessary
to perform our obligations under a contract with you (for example, to comply
with: the end user license agreement of TouchPal
Keyboard which you accept by downloading and/or using TouchPal
Keyboard; and/or our contract to provide our services to you); and/or
(3) Where use of your Personal Data is necessary
for our legitimate interests or the legitimate interests of others (for
example, to guarantee safety and security of TouchPal
Keyboard; operate our business; ensure safe environments for our staff and
visitors; comply with legal requirements and defend our legal rights; prevent
fraud and to know the users to whom we are providing services).
When we rely on legitimate interest, we do so
because we have determined that this processing is required to be performed by
us or a third party for legitimate interest. In making this determination we
have considered your rights under European data protection law to the extent applicable, and balanced them against our legitimate
interests. If you have any queries, you can contact us at the email address
listed in Section 13 of this Policy.
4.
International Transfer of Personal
Data
In certain
circumstances we may need to transfer your Personal Data to countries outside
the country in which the data was collected (or, in the case of Personal Data
collected within the European Economic Area (“EEA”), to countries outside the
EEA) including our offices around the world or the server located in US of the
cloud service provider. International transfers of your Personal Data will be
protected by appropriate safeguards, namely the standard data protection model
clauses adopted by the European Commission or a supervisory authority, which we
will incorporate into our agreements with such transferees of Personal Data.
You can request a copy of contract clauses for transferring Personal Data
outside the EEA by contacting: privacy@touchpal.com.
All data is transferred or accessed using
either a secure transport layer or encrypted algorithm. A majority of the data
collected is then centralized and hosted within secure data center facilities.
As a user, you can ask for a copy of the adopted standard contractual clauses
at the email address listed in Section 13.
5.
Storage of Your Personal
Data
All data is stored with secure methods and
with limited/restricted access to persons authorized by us. Please note that
currently Personal Data from the various collection points in EEA is stored in
countries including Germany, USA, and Singapore.
We may store Personal Data on remote servers
operated by a cloud service provider to us as well as storing it in our own “Data
Center” located in USA. Regardless of where you use TouchPal
Keyboard or provide Personal Data to us, your Personal Data may be transferred
to and maintained on servers or Data Center located outside the country in
which the data was collected.
6.
How We Protect Your Personal
Data
We have a management system to correct and
prevent unauthorized access, loss, destruction, falsification, and leakage of Personal
Data, as well as the appropriate technical and organizational measures to
address such risks, as further detailed below in this Section. The goal of
these measures stated as below is to maintain our data protection standards and
to ensure we have the necessary safeguards for the processing of Personal Data:
(1)
we will
use technologies of encryption or pseudonymisation to
protect Personal Data;
(2)
we will
limit the access to Personal Data to authorized employees only; and
(3)
we will
establish systems to ensure you can restore the availability and access to Personal
Data.
However, please be aware that, despite our
efforts, no data security measures, no method of transmission over the Internet,
and no means of electronic or physical storage, is absolutely secure. As such,
you acknowledge and accept that we cannot guarantee the absolute security of
your Personal Data transmitted to, through, or on TouchPal Keyboard or via the Internet and that, any such
transmission is at your own risk.
Where we have given you (or where you have
chosen) a password which enables you to access to a TouchPal
Keyboard account, you are responsible for keeping this password confidential. Please
do not to share a password with anyone.
You have certain rights with respect to your data
to access and control your Personal Data by modifying account setting, regardless
of where you live. If you live in EEA, you have a number of legal rights with
respect to your Personal Data in accordance with our duties under the GDPR, as
outlined below:
(1)
Right of
access
You can request details of your Personal Data
that we hold. We will confirm whether we are processing your Personal Data and
we will disclose supplementary information including the categories of data, if
any, the sources from which it originated, the purpose and legal basis for the
processing, the expected retention period, and the safeguards regarding data
transfers to non-EEA countries, subject to the limitations set out in
applicable laws and regulations. We will provide you free of charge with a copy
of your Personal Data, but we may charge you a fee to cover our administrative
costs if you request further copies of the same information.
(2)
Right of
correction
We will comply with your request to correct
incomplete or inaccurate parts of your Personal Data, although we may need to verify
the accuracy of the new data you provide us.
(3)
Right to
be forgotten
At your request, we will delete your Personal
Data promptly if:
it is no longer necessary to retain your Personal
Data;
you withdraw the consent which formed the
basis of your Personal Data processing;
you object to the processing of your Personal
Data and there are no overriding compelling legitimate grounds for such
processing;
the Personal Data was processed illegally; or
the Personal Data must be deleted for us to
comply with our legal obligations.
We will decline your request for deletion if
processing of your Personal Data is necessary, notably:
to comply with our legal obligations;
in pursuit of a legal action;
to detect and monitor fraud; or
for the performance of a task in the public
interest.
(4)
Right to
stop your Personal Data being used for direct marketing purposes
At your request, we will stop using your Personal
Data for direct marketing. If you want to stop us from contacting you in
connection with marketing communications, please email us at the email address
listed in Section 13 of this Privacy Policy.
Please note that even if we stop all
marketing communications, you may still receive administrative communications
from us.
(5)
Right to
restrict processing of your Personal Data
At your request, we will limit the processing
of your Personal Data if:
you dispute the accuracy of your Personal
Data;
your Personal Data was processed unlawfully and you request a limitation on processing,
rather than the deletion of your Personal Data;
we no longer need to process your Personal Data,
but you require your Personal Data in connection with a legal claim; or
you object to the processing pending
verification as to whether an overriding legitimate ground for such processing
exists.
We may continue to store your Personal Data
to the extent required to ensure that your request to limit the processing is
respected in the future.
(6)
Right to
data portability
At your request, we will provide you free of
charge with your Personal Data in a structured, commonly used and machine readable format, if:
you provided us with Personal Data;
the processing of your Personal Data is based
on your consent or required for the performance of a contract; or
the processing is carried out by automated
means.
(7)
Right to
object
Where we process your Personal Data based
upon our legitimate interest (or that of a third party), you have the right to
object to this processing on grounds relating to your particular situation if
you feel it affects your fundamental rights and freedoms. We will comply with
your request unless we have compelling legitimate grounds for the processing
which override your rights and freedoms, or where the processing is in
connection with the establishment, exercise, or defense of legal claims.
(8)
Right not
to be subject to decisions based solely on automated processing
You will not be subject to decisions with a
legal or similarly significant effect (including profiling) that are based
solely on the automated processing of your Personal Data, unless you have given
us your explicit consent or where they are provided under one or more EEA
countries legislation or where they are necessary for a contract with us.
(9)
Right to
withdraw consent
You have the right to withdraw any consent
you may have previously given us at any time.
(10) Right to complain to a supervisory authority
If you are not satisfied with our response,
you have the right to complain to, or seek advice from, a supervisory authority
and/or bring a claim against us in local court of competent jurisdiction.
If you wish to contact us in connection with
the exercise of your rights listed above, please email us at the email address
listed in Section 13 of this Policy. We will respond to your written request as
soon as possible and no later than 30 days from receiving it. That period may
be extended by 60 days where necessary, taking into account the complexity and
number of the requests. We shall inform you of any such extension within 30
days of receipt of the request, together with the reasons for the delay.
Unless stated otherwise, we will not charge
you any fee in connection with the exercise of your rights. In so far as it is
practicable, we will notify the recipients of your Personal Data of any
correction, deletion, and/or limitation on processing of your Personal Data.
Please note that if you decide to exercise
your rights above, depending on our response, you may not be able to take full
advantage of all of our benefits and services from that point on.
We will consider all requests and provide our
response within the time stated by applicable law. Please note, however, that
certain data may be exempt from such requests in some circumstances, which may
include if we need to keep processing your data for our legitimate interests or
to comply with a legal obligation. We may request you provide us with
information necessary to confirm your identity before responding to your
request.
8.
Retention of Your Personal
Data
We keep your Personal Data for 10 years. If
you continue to use the Services when such 10-year period expires, the storage
period of your Personal Data will continue for another 10 years. If you no
longer use the Services, we will delete your Personal Data on a timely basis.
To collect the data in Section 1 above, we
and the third parties may use tracking technologies such as tags, SDKs,
tracking pixels, and other similar technologies. We use these technologies in
order to offer you a more tailored experience in the future, by understanding
and remembering your particular using preferences.
An SDK is a set of tools and/or code that we
embed in TouchPal Keyboard to allow third parties to
collect information about how users interact with the Services.
Tracking pixels (sometimes referred to as web
beacons or clear GIFs) are tiny electronic tags with a unique identifier
embedded in websites, online ads, and/or email that are designed to: (a) collect
usage information like ad impressions or clicks and email open rates; (b)
measure popularity of the Services and associated advertising; and (c) access
user cookies.
As we adopt additional technologies, we may
also gather information through other methods. Please note that you can change
your settings. To learn more about your privacy choice, please read our Cookies Privacy Policy.
10.
Personalized
Ads, Third Party, and Features
We use the Personal Data we collect from all
of our services to provide, maintain, protect and improve them, to develop new
ones and to protect ourselves and our users. We also use this data to offer you
personalized ads.
Our services will also integrate third-party
advertising technologies that allow for the delivery of relevant content and
advertising on TouchPal Keyboard that you use. The
ads may be based on various factors such as the content of the page you are
visiting, information you enter such as your age and gender, your searches,
demographic data, user-generated content, and other data we collect from you.
These ads may also be based on your current activity or your activity over time
and across other websites and online services and may be tailored to your
interests.
You can click here to know all such third-party partners’ name who directly
Process your Personal Data and their respective privacy policy and partner list
(if any). These third-party partners will collect, use, store, share or other
process (collectively “Process”) your Personal Data solely for the purpose of
providing you personalized ads. We
neither have access to, nor does this Privacy Policy govern, the use of
tracking technologies that may be placed on your device you use to access the services
provided by such non-affiliated third parties. If you do not agree on such
third-party partners’ privacy policy or are unwilling them to process your
personal information, please do not agree or accept this Privacy Policy.
In addition to the above, we also provide
advertisers and/or advertisement agencies with reports about the kinds of
people seeing their ads and how their ads are performing. To provide you with personalized ads, we also
share certain information with these third parties, such as your IP, GAID,
device version, country code, and network type.
If you want to stop receiving personalized
ads, you can go to “Settings” of TouchPal Keyboard,
once you choose not to receive personalized ads, we and our third-party
partners will stop sending personalized ads to you. Please note that the number
of ads you see will not change, but they may be less relevant to you.
We also work with third-party partners who
help us provide and improve the TouchPal Keyboard and
our Services. We do not sell any of your Personal Data to anyone. We also
impose strict restrictions on how our partners can use and disclose the data we
provide. Here are the types of third parties we share information with:
Partners offering goods and services in TouchPal Keyboard.
When you subscribe to receive premium content
or buy something from a seller in the TouchPal
Keyboard, the content creator or seller can receive your public information and
other information you share with them, as well as the information needed to
complete the transaction, including shipping and contact details.
Vendors and service providers.
We provide information and content to vendors
and service providers who support our business, such as by providing technical
infrastructure services, analyzing how TouchPal
Keyboard is used, providing customer service, facilitating payments, or
conducting surveys.
Researchers and academics.
We also provide information and content to
research partners and academics to conduct research that advances
scholarship and innovation that support our business or mission, and enhances
discovery and innovation on topics of general social welfare, technological
advancement, public interest, health, and well-being.
TouchPal Keyboard is not intended for Children.
Children under the age of 16 must not use TouchPal
Keyboard for any purpose without first obtaining legally valid parental/guardian
consent to this Privacy Policy (both for themselves and on your behalf). We do
not knowingly collect and process Personal Data from any children under the age
of 16 without such consent. Please contact us if you believe we have any Personal
Data from any children under the age of 16 without such parental/guardian
consent. We will take reasonable steps to delete it as soon as possible.
12.
Changes to This Privacy Policy
We reserve the right to amend this Privacy
Policy at any time in response to:
(1)
changes
in the law and regulations;
(2)
our data
processing activities or policies;
(3)
changes
in our products or features of our services; or
(4)
advances
in technology.
You will know if the Privacy Policy has changed since the
last time you reviewed it by checking the “Effective Date” included at the
beginning of the document. If we make a material change to the Policy, you will
be provided with appropriate notice in accordance with the legal requirements.
By continuing to use TouchPal Keyboard, you are
confirming that you have read and understood the latest version of this Privacy
Policy.
13.
Contact Information and
Representative
If you have any questions or opinions
regarding this Privacy Policy, or if you have a request regarding the data you
provided us, you may email us at
Shawn Xiao is the representative of us in the
European Union to act with regard to obligations under Article 27 of the GDPR.
The email address of the Representative is shawn.xiao@cootek.cn.