Release Date: 2024/12/10
Effective Date: 2024/12/10
Privacy Policy
LOHAS GAMES PTE LTD. (together with our affiliates, the “Company”, “KLING AI”, “us”, “we”, or “our”) respect your privacy and are strongly committed to keeping secure any information we obtain from you or about you. This Privacy Policy describes our practices with respect to, and the basis on which we handle, your personal data which we collect from or about you. Your personal data refers to data whether true or not, about you which can be identified either (a) from that data or (b) from that data and other information to which we have or are likely to have access (“Data”).
By using the Services, including accessing or using the Platform, contacting or interacting with us or submitting information to us, you agree to the terms of this Policy and to the collection, use, disclosure and processing of your Data in accordance with this Policy.
In this Policy, "you" or "your" refers to any user who purchase or use any of the Services, including any user of our Platform.
CONTENTS OF THIS PRIVACY POLICY
1. Data We Collect
2. How We Use Your Data
3. Our Legal Basis for Processing Data
4. Data Storage and Retention
5. Data Security and Protection
6. To Whom We May Disclose or Transfer Your Data
7. International Data Transfer
8. Your Rights Relating to Your Personal Data
9. Cookies
10. Application
11. Changes to the Policy
12. Parental and Guardian Consent
13. Contact Information
14. Country / Region Specific Terms
1. Data We Collect
We may collect a variety of Data from or about you or your devices from various sources, as described below.
The types of Data we collect depend on how you use the Services. The Services offer optional features which, if used by you, require us to collect optional data to provide such features. You will be notified of such collection, as appropriate.
If you do not provide your Data when requested, you may not be able to use our Services if that Data is necessary to provide you with our Services or if we are legally required to collect such Data.
A. Personal Data You Provide
(1) Registration and contact information. When you use our Services, you may be required to provide certain Data including email address, user name, age to create an account on our platform . The first time you log in KLING AI using E-mail verification, an user account on our platform will be created for you(“Account” ). You can access the Services of our platform by logging in with your Account.
(2) User content. We store and process the content and Data you upload, generate, or access through the Platform, including any photographs, images ,audio and videos you upload, generate or view on the Platform, comments you make, and other actions you take on the Platform, (including liking content, following our users) (collectively "User Content"). When you create User Content, we may upload or import it to the Platform before you save or post the User Content (also known as pre-uploading).
When you use our Services, we may collect information about the images and audio that are form part of your User Content, including identifying the objects and scenery that appear, the existence, the nature of the audio, and the text transcript of the words spoken in your User Content to enable special video effects, for the purposes of content moderation, and other operations that will not identify any individual.
When you use our AIGC service to create content containing portraits (such as Character Face Mode), we will analyze the material you uploaded and find the feature points (such as vector points of eyes, nose, mouth,etc.) and contour lines in the input material for portrait processing.
(3) Financial information. When you use our Services, you may be required to provide certain Data including a Virtual Item, voucher code, card account number, third party payment details, records regarding transactions, transfers, orders, withdrawals, rewards, tipping and/or other ID information necessary to identify users/accounts (subject to your consent) in order to complete payment transactions and to ensure the security of all transactions .
(4)Communication Information: If you communicate with us, we will collect your email address,contact information, and the contents of any messages you send to us.
(5)Business Cooperation: When you explictly consent to obtain additional information about us or our Service, subscribing to marketing or otherwise contacting us, we collect personal data from you. The personal information we collect may include:(i)contact information (such as your name, address, telephone number and email address) as well as the nature of your communication;(ii)professional information (such as your company name, job title);(iii)marketing information (such as your contact preferences, source/campaign); and(iv)any information you choose to provide to us (for example, for event sign-up or bot interaction).
(6) Other data inferred from or associated with any of the above. Any of our Services, you may provide us with certain Data including any metadata accompanying user generated content, audiovisual clips segmentation, annotation, frame or text extraction, object and image recognition symbolling, aggregated classification tagging and other non-personally identifying information inferred from the Data you provide to us or that we collect about you in connection with your use across KLING AI.We may collect the above information locally in order to enable special video effects, and the information is only used to provide the mentioned features. We do not analyse any facial features in pictures or identify the identity of individuals from such pictures, and will not collect, share or store any face data, the above information could not be used to identify any individual. We will neither use the aforementioned Data for any other purposes except as mentioned in this Policy.
B. Personal Data We Automatically Collect
(1) Network and device information. When you use our services, we may automatically collect your Data including user ID, password, token, digital certificate, IP address, device ID or characteristics, cookies, advertising identifiers, WiFi/WLAN Bluetooth, mobile network information, app and file names (subject to your consent);
(2) Network browsing data. When you use our Services, we may automatically collect your Data including choices you make when using or interacting with KLING AI, our community of users, and/or advertisements (if available), your account’s preference settings, follow history, followers, likes or participation records in challenges, surveys, contests or other platform activities provided through KLING AI, and your Account’s social network contact/friend list (subject to your consent) ,your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, language settings for service provision];
(3) Online activity data. When you use our Services, we may automatically collect personal data including pages or screens you viewed, how long you spent on a page or screen, browsing history, navigation paths between pages or screens, information about your activity on a page or screen, access timings, and duration of access, and whether you opened our marketing emails or clicked links within them .
(4)Cookies: We may collect your Data by using Website/APP cookies, in order to operate and administer our Services, and improve your user experience. A “cookie” is a piece of information sent to your browser by a website/APP you visit. You can set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. However, refusing a cookie may in some cases preclude you from using, or negatively affect the display or function of, a website/APP or certain areas or features of a website/APP.
(5)Analytics: We may use a variety of online analytics products that use cookies to help us analyze how users use our Services and to enhance your experience when you use our Services.
The categories and scope of data we collect about you may vary from time to time, depending on your choice of and interaction with KLING AI, as well as the country or region where you use KLING AI. You will be notified of such a variation, as appropriate.
Where features are available, you may choose to browse certain content in the platform without logging in an account or registering, in which case we may still collect certain Data, including the content you browse, IP address，your interactions with the platform, and associated your device information such as device ID, WiFi information.
C. Combination of Data
By using our Services, you agree that we may combine the Data we receive from and about you, including the Data you provide and the Data we automatically collect as mentioned above, as well as Data we may receive from third parties to help us tailor our communication to you and to improve our Services. If you do not agree to this section, please do not use the Platform or any of the Services.
You may be required to provide certain classes of Data to us under the following circumstances: (i) as required under any law, regulation or guideline; (ii) as required under any contract entered into between us, (iii) as required for us enter into any contract or agreement with you, (iv) or that you are otherwise obliged to provide the Data to us. If that is the case, we will inform you thereof separately, and will also explain the possible consequences if you fail to provide such Data to us. In all other cases, provision of the requested Data is optional, and may not affect your basic use of our general Services, but it may affect your ability to use specific Services, where the Data is needed for those purposes.
2. How We Use Your Data
We may use your Data for a number of purposes associated with operating our business and providing the Services to you, including:
(1)Identification and authentication: We use your Data to verify your identity or eligibility to access the features of KLING AI when you access and use our Services, such as receiving rewards or prizes, or when you otherwise interact or engage with us, in order to protect the security of your Data. In some instances, we use your Data to verify your age in order to provide certain Services to you, or to verify your identity in order to fulfill your request in relation to your Data.
(2) Provision of Service: We process your Data to provide you with the Services that you request, to respond to your queries, or to contact you about changes to KLING AI and the platform or any of our Services, and to otherwise manage our relationship with you . This may also include managing the content ecosystem across KLING AI, or aspects, thereof, facilitating third party partnerships or integrations across KLING AI, monitoring and testing KLING AI, troubleshooting, or allowing you and other users to connect with each other.
(3)Payment processing: We may use your Data for billing and payment processing purposes or to distribute awards to you or to recover monies owed to us. This may also include enabling payment through third-party payment systems.
(4)Service and algorithm enhancement, research and development: We inspect and analyze usage information and statistics to maintain and improve KLING AI and the relevant algorithms. We may also use your Data to support customer services and implement user feedback, conduct surveys, or improve, research and develop new products and services or new methods of processes for our business operations .
(5)Communications: We may use your Data to contact and communicate with you. Communications may include, for example, providing information about our Services, changes to this Policy, changes to our Terms of Service, changes to our Terms of Paid Service, updates regarding our Services, user information reports on users who are minors, or responses to your questions, comments or requests.
(6)Content moderation: We may process your Data to identify the users, audio and video in the content you create or upload to KLING AI to detect any improper elements or contents.
(7)Preferences, promotions and sales: We may use your Data to build a profile about you, to analyze and understand your preferences, to help determine which marketing materials would be of interest to you, to display advertising, to conduct award activities, to measure the effectiveness of advertising and promotions, and to facilitate sales, purchases and delivery (where applicable). We may also process your Data in the above ways for conducting sweepstakes, contests or other promotions.
(8)Marketing activities:We may also use your Personal Data to carry out marketing activities, also in situations where you provide your Personal Data or give your consent to its processing in return we makes content or services available to you. Such activities may include:
carrying out other activities related to the direct marketing of services (sending of commercial information by electronic means or other marketing activities) through various electronic communication channels, including email, text/MMS and push messages. Such activities are undertaken based on the legitimate interests of the us or the legitimate interests of the entities cooperating with us, in particular, as part of Additional Services and on your consent to receive said messages or information. You may withdraw your consent at any time.
(9)Exercising our rights: We may use your Data to exercise our rights where it is necessary to do so, for example to detect, prevent, investigate and respond to security incidents or breaches, data scrapping, fraud, abuse, intellectual property infringement claims and any other claims, financial crimes, other violations of law, violations of our Terms of Service or violations of our Terms of Paid Service.
(10)Complying with our obligations: We may process your Data to comply with legal or regulatory obligations, codes of practice, guidelines or rules, including without limitation our legal obligation to prevent users under the Minimum Age (as defined below) from accessing the Platform or the Apps, to respond to lawsuits, claims or investigations, to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority in any instance of mergers, acquisitions, sales and asset transfers, insolvency proceedings, corporate restructuring, winding up or liquidation, whether within or outside your country or region. We may also aggregate and/or de-identify your Data and may use such aggregate or identified information for any other purposes to the extent permitted under applicable law.
3. Our Legal Basis for Processing Data
In order to process your Data, we will rely upon the legal bases afforded by applicable laws and regulations. We only process your Data when we have a valid “legal basis,” including as set forth below.
Consent: We may process your Data where you have consented to certain processing of your Data. For example, we may process your Data to use cookies where you have consented to such use.
(2) Contractual Necessity: We may process your Data where required to provide you with our Services requested by you, or where necessary for the conclusion or performance of any transaction between you and us . For example, we may need to use or process your Data to respond to your inquiries or requests.
(3) Compliance with Legal Obligations: We may process your Data where we have a legal obligation to do so. For example, we may process your Data to comply with tax, labor and accounting obligations.
(4) Legitimate Interests. We may process your Data where we or a third party have a legitimate interest in processing your Data. Specifically, we have a legitimate interest in using your Data for product development and internal analytics purposes, and otherwise to improve the safety, security, and performance of our Services. We only rely on our or a third party’s legitimate interests to process your Data when these interests are not overridden by your rights and interests.
Data Storage and Retention
We store your Data on our servers located in Singapore. We also have support, engineering, content moderation, and other functional teams located around the world to support the operation of the Platform and the provision of Services to you. We have rigorous internal control measures in place to strictly limit data access to designated personnel only.
(2) We will retain your Data for as long as necessary:
(i) to achieve the purposes as set out in this Policy;
(ii) as required by applicable laws and regulations, including any requirements to retain data for a certain period of time, taking into account the statute of limitations under applicable laws and regulations;
(iii) for our legitimate and lawful purposes, including any business, compliance and legal purposes; and/or
(iv) to defend against any actual, threatened or potential claims or disputes.
(3) We will not retain your Data for longer than necessary or beyond the end of the purposes for which you provided your Data to us, unless we are required or permitted to do so under applicable laws. In addition, we reserve the right to delete, destroy, or de-identify your Data that is no longer necessary or current for the purposes for which it was obtained.
(4) We may retain some of your Data after you cease to use our Services, for instance if the Data is necessary to meet our legal obligations, such as retaining the information for tax and accounting purposes.
(5) Where applicable, we will delete your Data upon your request, unless we are required to retain such Data under applicable laws. We are entitled at all times to delete your Data without notice. In such cases, we owe no compensation to you as a result of the deletion of your personal data.
(6) If you want further information about the retention periods applied to your personal data, you may contact us at our address listed in the “Contact Information” section of this Policy.
5. Data Security and Protection
(1) We will take appropriate technical and organizational measures to help protect and secure your Data. We will endeavor to protect your Data against unauthorized or unlawful processing, accidental loss, destruction, or damage through these measures, including:
(i) using encryption techniques;
(ii) establishing specialized systems and procedures, such as strictly limiting the scope of personnel with access to your Data, and requiring those who have such access to comply with relevant confidentiality obligations; and
(iii) forming a specialized department in charge of information security. In the event of incidents such as information leakage or data or security breach, we will take timely measures to handle such incidents, and we will notify you promptly in an appropriate manner, including through messages or announcements.
(2) We will endeavor to ensure that, by default, we only collect and process your Data needed to provide you access to the Platform and our Services. We also apply this principle of data privacy and protection controls to our processing activities. This means that we will neither publish nor share your Data by default.
(3) While we are committed to protecting your Data, no electronic data transmission or storage of information can be completely secure. We kindly request you do not disclose certain Data, such as passwords, credit card numbers, PINs or other confidential data during your use of our Services. Our commitment to safeguarding your privacy is unwavering, but the security of Data also relies on your safe practices. Therefore, although we take appropriate technical and organizational measures to secure your Data, we do not guarantee, and you should not expect, that your Data will always remain secure.In particular, any email sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Services or email. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third-party websites. If you do not agree to these risks and conditions, you must discontinue your use of KLING AI.
(4) We will retain your Data for only as long as we need in order to provide our Services to you, or for other legitimate business purposes such as resolving disputes, safety and security reasons, or complying with our legal obligations. How long we retain Data will depend on a number of factors, such as the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure, our purpose for processing the information, and any legal requirements.
6. To Whom We May Transfer Your Data
(1) We will not share or transfer any of your Data to any third parties except as explicitly provided in this Privacy Policy. We will only share your Data with third parties in the following circumstances:
(i) when approved or authorized by you or subject to the "Parental and Guardian Consent" section below, your parent or legal guardian;
(ii) as required for administrative or judicial purposes, including any requirements of competent authorities, courts and regulatory bodies;
(iii) in any legal proceedings (including any arbitration) involving us in which we aim to protect our legal rights;
(iv) where expressly allowed by the Terms of Service;
(v) in order to protect the interests of the Company, or interests of any individual or the interests of the the public against harm; or
(vi) for further archiving or de-identification with other third parties.
(2) We may share your Data with our corporate affiliates, group members, and other third parties, who will only use your Data in accordance with this Policy to facilitate the provision of KLING AI to you or for other purposes as indicated below:
(a) In the context of a transaction including mergers, acquisitions or asset sales: We may transfer your Data to another legal entity for the purposes of a collaboration, joint venture, corporate reorganization, change of legal form or other similar event or transaction. In order to develop our business, we may engage in transactions such as mergers, acquisitions, sales and asset transfers. In these circumstances, we will inform you of the relevant transactions, and will continue to protect or require the successor to protect your Data in accordance with applicable laws and regulations and this Policy.
(b) Third parties in support of KLING AI: We may engage or cooperate with third parties to perform certain functions or to provide certain of the Services to you . We share your Data with these service providers for purposes such as hosting or operating our Services,storage, content delivery, security, research and development,analytics,online payments, customer and technical support,content moderation ,payment and transaction processing, rewards, vouchers and commercial goods delivery (where applicable), cloud services, e-mail communication, the marketing of our Services to you . We may also share your Data with professional agencies and individuals that we engage to provide professional services to us, including advisors, auditors, lawyers and accountants. We will only share your Data on a need-to-know basis with third parties in order for them to perform corresponding functions and services, and we will request such parties to maintain appropriate security measures to protect such Data from unauthorized access or processing.
(c) Legal, regulatory or government authorities: We may in limited cases transfer your Data to local (where you reside) or overseas authorities such as legal, regulatory, law enforcement, government and tax authorities, to satisfy our obligations or those of third parties (when they receive a request from an authority empowered by law to do so), pursuant to applicable laws and regulations.
(3) You may submit certain information through KLING AI (e.g., by uploading photographs, images and videos). Any such information that is meant to be shown to the public on our platform will be disclosed publicly. This Policy does not apply to the use of any such information by third parties after it is uploaded and displayed publicly on KLING AI.
(4) Except as otherwise provided in this Policy, we will not disclose any of the Data collected from your use of KLING AI to the public. If public disclosure is required by applicable laws and regulations, we will inform you of the purpose of the disclosure and the type of information disclosed.
Legal Reasons
We will share the Data if we have a good-faith belief that access, use, preservation, or disclosure of the such Data is reasonably necessary to (i) comply with any applicable law, regulation, or to commence or respond to any legal process/procedure, lawsuit or enforceable governmental request, (ii) protect and defend our rights or property, (iii) prevent fraud or criminal activity, (iv) respond under urgent circumstances to protect the personal safety of any entity, person or group, or (v) to avoid or mitigate egal liability.
Business Transfers
If we are involved in a reorganization, merger, acquisition, sales of assets or liquidation, we will continue to ensure the confidentiality of your Data and notify affected users that their Data will be transferred or be subject to a different privacy policy in advance.
7. International Data Transfer
We may transfer your Data to countries or regions located outside of the country where you reside solely for the purposes set out in this Policy, and in accordance with this Policy and applicable laws and regulations. Data disclosure as referred to in this Policy may involve a transfer of your Data to countries and regions that provide different levels of data protection. Applicable legal and regulatory requirements are taken into consideration before any cross-border transfer of your Data takes place and our policies are as follows:
We may share your Data with our other group entities in other jurisdictions for internal, business and operational purposes in order to operate the KLING AI and provide you access to the Services. We will ensure, by way of appropriate contractual guarantees which are compliance with applicable laws and regulations, that all such entities with which we share your Data maintain appropriate security measures to protect your Data from unauthorized access or processing and will not share this Data with any third parties unless you expressly agree otherwise.
8. Your Rights Relating to Your Personal Data
(1)Once you have completed your Account registration and put in place reasonable and necessary authentication measures, you can review, modify, and delete the Data you have submitted to us by contacting us using the contact information provided in the "Contact Information" section of this Policy. In general, you can browse, modify, and delete your own information at any time, but you may not be able to modify certain initial registration information and verification information provided at the time of registration for security and identification purposes.
(2) You may have the following rights to the extent applicable under local laws and regulations which you can exercise by contacting us using the contact information provided in the "Contact Information" section of this Policy:
(i) You have the right to be informed in a concise, transparent, intelligible and easily accessible form of the way in which your Data is processed. You also have the right to obtain confirmation as to whether or not Data concerning you is being processed, and where that is the case, to access such Data and obtain a copy thereof.
(ii) You have the right to request rectification of your Data. You also have the right to have incomplete Data completed.
(iii) Where you have provided your consent, you have the right to withdraw your consent. If you withdraw your consent, we may continue processing your Data to the extent permitted by applicable laws and/or set out in this Policy.
(iv) You have the right to receive your Data in a structured, commonly used, and machine-readable format and have the right to transmit those data to another controller.
(v) You have the right to request the deletion or restriction of your Data, as permitted by law;
(vi) You have the right to object to our processing of your Data, for example, in case we process your data for direct marketing purposes, as permitted under applicable laws .
(vii) You have the right to delete your Account, which is an irreversible process as you will not be able to access your Account upon deletion, and all data in relation to the Account will be deleted or de-identified, subject to any statutory retention requirements under applicable laws and regulations. If you wish to have your Account deleted, you can contact us by using the contact information provided in "Contact Information" of this Policy .
(viii) You may also have other rights as described under the "Country / Region Specific Terms" section below or otherwise under the local laws.
(3) We will verify your identity first before we can fulfill your request. We will respond to your request within the timeframe as required or permitted by the local laws.
(4) You can change your privacy settings on our Website/APP.
(5) You may also be able to change your cookie settings as described in the section below to manage the Data we collect using cookies.
(6) You can prevent us from obtaining your Data by suspending certain functions provided by our Services.
You may exercise the abovementioned rights free of charge by contacting us at the contact details in the “Contact Information” section of this Policy. If requests are manifestly unfounded or excessive, in particular because of the repetitive nature of the requests, we will either charge you a reasonable fee or refuse to comply with the request. We may request specific information from you to help us confirm your identity before we comply with a request from you concerning one of your rights.
We will provide you with information about the follow-up to the request without undue delay and in general, within one month of receipt of the request. The applicable privacy laws may allow or require us to refuse your request. If we cannot comply with your request, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
These rights are not absolute and they may be limited in some situations. For example, where we can demonstrate that we have a legal requirement to process your data or if making the information available to you would reveal personal data about another person or if we are legally prevented from disclosing such information. In some instances, this may mean that we are able to retain your Data even if you withdraw your consent.
We hope that we can satisfy any queries you may have about the way we process your Data. In the event you still have unresolved concerns, you also have the right to lodge a complaint with a supervisory authority, in particular to the data protection authority in the country of your habitual residence or place of work.
9. Cookies
Cookies are pieces of information that any website or app may transfer to your browser , which are then stored in your computer or mobile system. For example, the deposit of cookies enhances your online experience by allowing us to save your preferences.
We use cookies and automatically collected information to:
personalize our Services, such as remembering your Data so that you will not have to re-enter it during your use of, or the next time you use, our Services;
(2) provide customized advertisements, content, and information adapted to your profile;
(3) monitor and analyze the effectiveness of our Services and third-party marketing activities adapted to your profile;
(4) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and
(5) track your entries, submissions, and status in any promotions or other activities offered through our Services (services adapted to your profile).
Tracking technology also helps us manage and improve the usability across KLING AI . We may also collect your shortened IP address on a non-readable basis, which does not allow us to directly identify you.
If you do not want us to collect your Data through the use of cookies, you can set your web browser to reject cookies from KLING AI. Each browser is different, so you should check your browser's "Help" menu to learn how to change your cookie preferences. Please note that if you reject cookies, you may still use our Services, but your ability to access certain areas of our Services may be limited or restricted.
10. Application
This Policy only applies to our Services.
To better enrich your experience, our Service may contain links to other websites not operated or controlled by us (including our affiliates), including payment services . You can choose whether to access such content or links, or whether to use the third party’s products or services. However, we do not have control over the products or services provided by third parties. Our provision of these links do not imply that we endorse or have reviewed these third-party services. Our Policy does not govern or apply to the data protection issues in connection with your use of any third-party services or websites. We strongly advise you to review the privacy policy of every site you visit.
If any provisions from this Policy are in conflict with any applicable laws, such provisions will be replaced by provisions of the same purport that reflects the original intention of the provision, to the extent permissible under the applicable laws. In that case, the remaining provisions remain applicable and unchanged.
11. Changes to the Policy
We may update, change or modify the terms hereof from time to time, and such changes shall form a part of this Policy. We will notify you about those changes through general announcements on our Services or by sending a notification to you when you log into or update the Website/APP，and may obtain your consent, consistent with the significance of the changes we make and as required by applicable law. Unless otherwise indicated, any update, change or modification will become effective on the same day of notification and apply to all of your Data.
12. Parental and Guardian Consent
Anyone under the age of 13 or the minimum age otherwise defined in "Country / Region Specific Terms" under the applicable laws of your jurisdiction ("Minimum Age") shall not use any of our Services..
If you have reached the Minimum Age but are under the age of majority as defined under the applicable laws of your jurisdiction ("Majority Age"), you may only use and register an account through your parent or legal guardian’s representation, and your parent or legal guardian hereby represents you and accepts this Policy.
If you are a minor in your country or region, your use of KLING AI may be subject to further age restrictions, whether imposed by us or third-party vendors in connection with the provision of certain Services. You may be unable to use or only have limited access to those Services without the assistance of your parent or legal guardian.
We do not knowingly collect or solicit Data from minors below the Minimum Age. If you learn that such a minor has registered an Account or an Account of such a minor was not registered under proper supervision, representation or guardianship, you may alert us at the contact details listed in the “Contact Information” section of this Policy. We will promptly investigate, take steps to remove such child’s Data and Account information from KLING AI and terminate the child’s Account.
13. Contact Information
If you have any complaints, suggestions or questions regarding this Policy or in relation to the collection, use,disclosure, storage, protection and other forms of processing of your Data, please contact us through email at kling@kuaishou.com or by accessing [Community] in the top navigation bar of the Website.
If a data protection officer is required to be appointed under the local law of your jurisdiction, you may also contact the data protection officer using the contact details provided in the "Country / Region Specific Terms" section below.
We will review the issues involved as soon as possible and reply to you in a timely manner as required by applicable laws. If you have any concerns regarding how we are handling your Data, please contact us. We will endeavor to address your concerns promptly.
14. Country / Region Specific Terms
In the event of a conflict between the provisions of Country / Region Specific Terms that are relevant to your jurisdiction from which you access or use the Services, and the rest of this Policy, the relevant jurisdiction’s Country / Region Specific Terms will supersede and prevail to the extent of such conflict.
California (United States)
If you are a California resident, the following additional privacy disclosures under the California Consumer Privacy Act of 2018 (“CCPA”) and other California laws may be applicable to you and allow you to exercise your rights regarding your personal data.
Introduction
If the CCPA is applicable, you have the right to know and understand how we collect, use, disclose, and share your Data, to access your Data, to request that we delete specific Data, to exercise your rights to opt-out, and also not be discriminated against when exercising your privacy rights granted under the CCPA.
2. Your Rights and Choices
Right to Know and Data Portability
The CCPA provides California residents specific rights to know about our collection and use of their personal data over the past twelve (12) months (the “right to know”). Once we receive your request and confirm your identity, we will disclose to you:
The categories of personal data we collected about you.
The categories of sources for the personal data we collected about you.
Our business or commercial purpose for collecting or selling (if applicable) that personal data.
The categories of third parties with whom we share that personal data.
If we sold or disclosed (if applicable) your personal data for a business purpose, we will provide two separate lists that:
identify the personal data categories that each category of recipient purchased in connection with sales of your personal data; and
identify the personal data categories that each category of recipient obtained in connection with disclosures of your personal data for a business purpose.
The specific pieces of personal data we collected about you (also called a data portability request).
Right to Delete
The CCPA provides California residents specific rights to delete their personal data that we collected from them and retained, subject to certain exceptions (the “right to delete”). We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Provide the Services or any service that you requested from us, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug the Services to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the deletion of such information may likely render impossible or seriously impair progress of the research, if you had provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Once we receive your request and confirm your identity, we will delete or deidentify personal data and direct our service providers to take similar action, unless subject to one of these exceptions above.
How to Exercise the Rights to Know or Delete
To exercise your rights to know or delete described above, please submit a request by using the contact information provided in "Contact Information" of this Policy.
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal data.
You may only submit a request to know twice within a 12-month period. Your request to know or delete must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal data or an authorized representative, which may include: your identification information, a signed permission authorizing the representative to submit the request on your behalf, and any other information permitted or recommended by the CCPA and applicable regulations.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal data if we cannot verify your identity or authority to make the request and confirm the personal data relates to you.
We will only use personal data provided in the request to verify the requestor's identity or authority to make the request.
Response Timing and Format regarding Requests to Know or Delete
We will confirm receipt of your request within [fifteen (15)] business days. If you do not receive confirmation within the [fifteen (15)] business days timeframe, please contact us via the contact details displayed in the “Contact Information ” section.
We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing. We may deliver our written response by email.
Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal data that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded, or as otherwise permitted by the CCPA. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal data Sales Opt-Out Rights
Under the CCPA, consumers have the right to direct us to not sell their personal data at any time (the "right to opt-out"). As stated in the general terms of our Privacy Policy, we do not sell your personal data of consumers unless we obtain consent for the sale. Consumers who opt-in to personal data sales may opt-out of future sales at any time.
To exercise your right to opt-out provided under CCPA, you (or your authorized representative) may submit a request to us by using the contact information provided in "Contact Information" of this Policy.
We will only use personal data provided in an opt-out request to review and comply with the request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
Other California Privacy Rights
Shine the Light Law Disclosure.
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of the Services that are California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please send an email by using the contact information provided in "Contact Information" of this Policy.
“Do Not Track” Disclosure.
We do not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personal identifiable information about an individual consumer's online activities over time and across third-party websites or online services.
When you use the Services, certain third parties may use automatic information collection technologies to collect information about you or your device. The information they collect may be associated with your personal data or they may collect information, including personal data, about your online activities over time and across different websites and other online services websites. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Eraser Law Disclosure for Minor Users.
If you are a user under the age of 18, California Business and Professions Code Section 22581 allows you to request and obtain removal of content or information you have publicly posted. You can send a request to remove any content or information you posted on the Services by using the contact information provided in "Contact Information" of this Policy. Please notice that the removal does not ensure complete or comprehensive removal of your posted content or information in certain circumstances.
Brazil
If you are using our Services in Brazil, the following additional terms apply:
Exercise of data protection rights. Brazilian law provides certain rights to individuals with regard to their personal data. Thus, we seek to ensure transparency and access controls in order to allow users to benefit from the mentioned rights.
We will respond and/or fulfill your requests for the exercise of your rights below, according to the applicable law and when applicable, to the Brazilian General Data Protection Law - LGPD:
a. confirmation of whether your data are being processed;
b. access to your data;
c. correction of incomplete, inaccurate or outdated data;
d. anonymization, blocking or erasure of data;
e. portability of personal data to a third party;
f. object to the processing of personal data;
g. information of public and private entities with which we shared data;
h. information about the possibility to refuse providing personal data and the respective consequences, when applicable;
i. withdrawal of your consent.
Verifying your identity. For your safety and to allow us to make sure that we do not disclose any of your personal data to unauthorized third parties, in order to verify your identity and guarantee the adequate exercise of your rights, we may request specific information and/or documents from you before we can properly respond to a request received concerning your data. All data and documents received from you in the process of responding to your requests will be used for the strict purposes of analyzing your request, authenticating your identity, and finally responding to your request.
Limitations to your rights. In certain situations, we may have legitimate reasons not to comply with some of your requests. For instance, we may choose not to disclose certain information to you when a disclosure could adversely impact our business whenever there is a risk of violation to our trade secrets or intellectual property rights. In addition, we may refrain from complying with a request for erasure when the maintenance of your data is required for complying with legal or regulatory obligations or when such maintenance is required to protect our rights and interests in case a dispute arises. Whenever this is the case and we are unable to comply with a request you make, we will let you know the reasons why we cannot fulfill your request.
In case of doubt about your privacy, your rights or how to exercise them, please contact us at the contact details set out in the section "Contact Information". If you have any questions about the processing of your personal data, we would like to clarify them.
International Transfer of Data. We share your personal data globally with companies of our business group to carry out the activities specified in this Policy. We may also subcontract the processing of data involved in the Services or share your personal data with third parties located in other countries. Your personal data may therefore be subject to privacy laws other than those applicable in your country.
Whenever we transfer your personal data to third parties located in other countries, we will ensure that these companies comply with applicable data protection laws and we will take all measures that are reasonably necessary to ensure the existence of adequate safeguards to protect your personal data and to ensure that are processed safely.
Parental and Guardian Consent. If required by Brazilian data protection laws, (i) if you are over the age of 16 but under the age of 18, you can only use and register for an account with the assistance of your parent or legal guardian and you declare and represent that you had such assistance to use the Services and to agree to the Policy; (ii) if you are over the age of 13 but under the age of 16, you can only use and register for an account with the representation of your parent or legal guardian, and you must obtain the consent from your parent or legal guardian to the use of the Services and acceptance of this Privacy Policy.
DPO. If you wish to contact the Data Protection Officer, please contact us: kling@kuaishou.com
Turkey
If you are using our Services in Turkey, the following additional terms:
Data Controller Representative. You may contact our data controller representative kling@kuaishou.com to handle questions and complaints in connection with the processing of your personal data if you are in Turkey.
Legal bases for the processing your personal data. We rely on the following legal bases while processing your personal data in accordance with Article 5 of the Law No. 6698 on Protection of Personal Data:
processing is explicitly laid down or dictated by laws
processing of your personal data is necessary provided that it is directly related to the conclusion or fulfillment of the contract between us
processing is mandatory for us to be able to comply with our legal obligations
the relevant data is made available to the public by yourself
processing is mandatory for the establishment, exercise or protection of a right
processing is mandatory for our legitimate interests, provided that it does not violate your fundamental rights and freedoms
your explicit consent (Please note that we rely on this legal basis only when we require your consent for the processing and we do not rely on this legal basis if and when we rely on one of the other legal grounds above)
Your rights. According to Article 11 of the Data Protection Law, you have the following rights with respect to your personal data:
the right to learn whether we process your personal data,
the right to request information with regard to such processing, if we process your personal data,
the right to learn the purposes of the processing and whether they are used for such purpose or not;
the right to know the third parties within or outside the country, to whom we transfer your personal data,
the right to request correction of incomplete or inaccurate personal data,
the right to request deletion or destruction of your personal data under the conditions set forth in Article 7 of the Data Protection Law,
the right to request that we notify the third parties, to whom we transferred your personal data, about the correction, deletion and/or destruction of your personal data per your request within the scope of the foregoing two items,
the right to object to the negative results about you that are due to the analysis of your personal data processed solely by automated means,
the right to claim indemnification for damages incurred due to illegal processing of your personal data.
You may exercise your rights listed above by contact us at: please contact us at kling@kuaishou.com
The requests found in your application will be resolved as soon as possible according to the nature of your request and within thirty days at the latest free of charge. However, if your request incurs additional cost to our company, then you may be charged over the tariff fee determined by the Turkish Personal Data Protection Board.
Amendments.
The following sections of the Policy do not apply to individuals in Turkey:
The following sentence at the first paragraph: If you do not agree with the terms of this Policy, we may not be able to provide KLING AI to you.
The following sentence at the end of the first paragraph of the Cookies section: By accessing or using the Platform and Services, you consent to our use of Cookies.
Vietnam
If you are using our Services in Vietnam, the following additional terms apply:
Age, Parental and Guardian Consent. By accessing and/or using the Services, you represent that you are at least 16 years of age or not under guardianship. If you are below 16 years old or under guardianship:
you must obtain approval from your parent(s) or legal guardian(s); and your parent(s) or legal guardian(s) are responsible for:
all your actions in connection with your access to and use of the Services;
your compliance with this Policy; and
ensuring that any of your participation in the Services will not, in any event, result in any violation of applicable laws and regulations relating to child protections.
If you do not have consent from your parent(s) or legal guardian(s) and your parent(s) or legal guardian(s) is not willing to open the account under their name, you must cease accessing the Services.
Philippines
If you are using our Services in Philippines, the following additional terms shall apply pursuant to the relevant laws, rules and regulations and issuances by the Philippines National Privacy Commission ("NPC") on data privacy.
Your Rights. To the extent that the relevant laws, rules and regulations on data privacy recognize your rights and freedoms as data subjects, you shall have the right to information, object, access, rectification, erasure or blocking, lodge complaints before the NPC, damages and data portability. Before we can respond to a request to exercise one or more of the rights listed above, you may be required to verify your identity or your account details.
Mexico
If you use our services in Mexico, the following additional terms apply. In the event of a conflict between the following additional terms and the provisions of the main body of this policy, the following terms shall prevail.
How we use your personal data. Almost all of the purposes of the processing indicated above of the Privacy Policy are necessary purposes. However, the following are secondary purposes:
To provide you with personalized advertising.
The above purposes are not necessary to provide the Platform, but allow us to provide you with a better experience. We offer you the ability to make choices about how we use and disclose your personal data. You can always limit the secondary purposes of personalized advertising by using the tools in the Settings that allow you to limit certain features.
We use both human and automated means to process your data.
How we share your personal data. We may share your personal data with a third party for purposes other than processing on our behalf. We will obtain your consent to such disclosure as required by applicable laws.
By providing us with your personal data and using our Platform, you agree to transfers that require your consent. You can always revoke your consent and exercise your rights as outlined below.
Your Rights. You have the following rights with respect to your personal data: access, rectification, cancellation, opposition, revocation of consent, limitation of use and disclosure of your data. You may exercise your rights by sending your request to kling@kuaishou.com.
To learn about the applicable requirements and the procedure for exercising your rights, please contact us at the above email address. If you are under 18 years of age, you may exercise your rights through a parent or guardian. Requests for your rights will be resolved as soon as possible according to the nature of your request.
Singapore
Data Protection Officer. If you wish to access your Data, correct any Data in our possession, withdraw your consent for the collection, use, or disclosure of your Data, or if you have any queries or feedback on this Policy, please contact our Data Protection Officer in the following manner:
Attention: Data Protection Officer
Email Address: DPO_Support@lohasgames.com
International transfer of Data. If you live in Singapore or if we collect or store your Data in Singapore, before transferring any of your Data outside of Singapore, we will take appropriate steps to ensure that the recipient is bound by legally enforceable obligations to provide to the transferred personal data a standard of protection that is at least comparable to that under the Personal Data Protection Act 2012 of Singapore.
Access and correction. If you wish to make (a) an access request for access to a copy your Data or information about the ways in which we use or disclose your Data, or (b) a correction request to correct or update any of your Data which we hold about you, you may submit your request to our Data Protection Officer at the contact details above. We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any Data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under applicable laws).