Meitu Service Agreement

Version:3.0

Last Modified: September 9, 2020

Thank you for choosing Meitu

Important: Before you use Meitu (as defined below), we advise you to carefully read and make sure you understand the provisions of this Meitu Service Agreement (the “Agreement”), especially those sections that are underlined and in bold, which might exclude or limit our liability or highlight your obligations. MEITU IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13, or in certain jurisdictions, under 16 (the “Minors”) and we do not knowingly collect information from Minors. If you are between 13 (or 16 in certain jurisdictions) and 18, you must have permission from your legal guardian before you are permitted to use Meitu. If you have any questions about this Agreement, or you are unwilling to accept this Agreement in whole or in part, please cease using Meitu immediately. If you have any questions regarding Meitu or wish to provide feedback (including, but not limited to, suggestions and complaints) to us, you can contact us via app@meitu.com (please quote “Meitu App” in your email title), by phone at 6568127888, or via registered mail at Unit 8106B, Level 81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong (attention: Legal Department, Meitu).

  1. 1. Scope of this Agreement: This Agreement is made between you and Meitu (China) Limited and its affiliates who assist us with respect to provision of the services (collectively, “we”, “us” or “our”) for your use of Meitu. This Agreement incorporates the Privacy Policy. We may update this Agreement from time to time at our own discretion, including, without limitation, making any updates to satisfy business, legal or policy requirements. If you are unwilling to accept all or part of the provisions of any future updated version of this Agreement, you must immediately cease your use of Meitu. Because Meitu is evolving over time, we may change or discontinue all or any part of Meitu at any time and without notice, at our sole discretion. If you continue to use Meitu after we have posted updated version of this Agreement, you are agreeing to be bound by the updated version of this Agreement. "Meitu" is a software product developed, operated and managed by us. Under this Agreement, "Meitu" refers to the Meitu mobile applications (the “App”), the website set up by us for Meitu, and other services provided by us as part of the App and/or the website
  1. 2. Protection of User Information and Personal Information: It is our fundamental principle to protect your user information and personal information. You agree that we will collect, use, store, manage and protect your user information and personal information in accordance with the provisions of this Agreement and the Privacy Policy. If you are unwilling to accept or have any question related to the Privacy Policy in whole or in part, please cease using Meitu immediately and you may contact us via the contact details as first written above.
  1. 3. Non-commercial Use of Meitu: You agree to use Meitu in a reasonable and legal manner in accordance with this Agreement. Unless otherwise stipulated, you may only view, share, store, use, transmit and post photos, videos and other content via Meitu for your personal and non-commercial purposes, and you may not transfer your rights under this Agreement, whether for consideration or free of charge, without our written consent.
  1. 4. Your Use of Meitu: You shall be fully responsible for your use of Meitu and for your User Content. You shall not produce, store or post any following information via Meitu:
  2. i. photo or other content that contains gambling, violence, discrimination, nudity, eroticism or sexual innuendo;
  3. ii. information that infringes the legitimate rights of others, including, but not limited to, the reputation right, portraiture right, privacy right and intellectual property rights;
  1. iv. information that creates unfair competition, including, but not limited to, content with ownership/intellectual property rights markings that have been tampered with, added, deleted or removed, and unauthorized content;
  2. v. information that violates the terms of this Agreement, laws, regulations, policies, social order and information that disturbs Meitu’s normal operation;
  3. vi. information that contains unsolicited or unauthorized advertising, promotional materials, email, spam or other form of solicitation;

Although we are not obligated to monitor access to or use of Meitu or to review or edit any User Content, we have the right to do so for the purpose of operating Meitu, to ensure compliance with this Agreement and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conduct that affects the operation of Meitu.

If you violate this Agreement, you agree that we may, at our discretion or as required by law and policies, and without prior notice to you, take any action deemed appropriate by us, including, without limitation: (i) removing any offending User Content; or (ii) suspending or terminating your access to Meitu, ceasing to provide any services related to Meitu, and taking measures to restrict your access to your Account.

  1. 5. Virtual Goods and Subscription Service.

We are entitled to charge fees for certain premium content such as filters and stickers, advertisement privileges and other virtual goods that you may use with Meitu (collectively, the “Virtual Goods”) via our subscription service (“Subscription Service”). Subscription period could be one-month, three-month or one-year, subject to the preferences of our user. (“Subscription Period”). You agree that Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Goods to anyone else.

Ownership of Virtual Goods. You acknowledge that you do not own Virtual Goods but instead, we grant you a limited personal revocable license to use them for personal use in accordance with the terms of this Agreement and only within Meitu.

Use of Virtual Goods. You are only allowed to obtain Virtual Goods from us through using Meitu, and not in any other way. Subject to our compliance with applicable laws, we may:

By purchasing and/or using the Virtual Goods and our Subscription Service, you confirm you have read and agreed to be bound by this Agreement.

We may from time to time at our discretion update this Agreement without providing any prior notice to you. If you are unwilling to accept this Agreement (including all or part of the provisions of any future updated version of this Agreement), you must immediate cease your use of Virtual Goods or Subscription Service.

We may change or discontinue all or any part of the Virtual Goods or Subscription Service, at any time and without notice, at our sole discretion, including, without limitation, making adjustments/improvements to our Subscription Service or Virtual Goods based on our product planning and the country or area you are in.

Auto-renewal of Subscription Service. By signing up for our Subscription Service, you agree that your subscription will be automatically renewed at the end of each paid Subscription Period, unless you cancel it, and you authorize us to charge your billing account associated with your app store account (“Billing Account”) for the renewal term. The auto-renewal may be turned off by the user in his/her app store account settings following the first payment of the subscription fees. Deleting the Meitu app from the device does not necessarily result in cancellation of the Subscription Service.

To terminate our Subscription Service, please go to “Settings – App Store – Apple ID – Account Settings - Subscriptions” on your iOS device. By selecting “Meitu app”, you are entitled to terminate our Subscription Service. For more information on how to manage your subscriptions, please refer to Apple Support at: https://support.apple.com/en-hk/HT202039.

Where an auto-renewal subscription is offered, the purchase offer will indicate the subscription’s duration, price and terms of payment. The following conditions apply with respect to our auto-renewal Subscription Service:

  1. 6. Content Ownership and License.

Definitions. For purposes of this Agreement: (i) “Content” means text, audio, photos, images, videos, graphs, and other information, material or content, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through Meitu; (ii) “Our Content” means any Content that is, either directly or indirectly, posted, generated or otherwise made available to users of Meitu (including you) through Meitu by us, including, without limitation, product features built into Meitu such as filters, fonts, text, special effects, stickers, borders, backgrounds and templates music; and (iii) “User Content” means any Content uploaded or provided by users of Meitu and to be made available through Meitu, but excluding any Our Content (or derivatives thereof).

Content Ownership. We are not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, we and our licensors exclusively own all right, title and interest in and to Our Content and all associated intellectual property rights. You acknowledge that Meitu and Our Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Meitu or Our Content. For greater certainty, if you incorporate any Our Content into your User Content (for example, images, designs or filters that we provide that you add to User Content you create or share), we will retain all rights to Our Content and any derivatives thereof.

Rights in your User Content. By making any User Content available through Meitu, you hereby grant to us a non-exclusive, irrevocable, perpetual, transferable, worldwide, royalty-free license, with the right to sublicense, to: (i) use, copy, modify, adapt, communicate, make available, distribute, publicly display, publicly perform and do all other acts comprised in any intellectual property rights in or to your User Content in connection with operating and providing Meitu to you and to other users of Meitu, in any form, format, media or media channels now known or later developed or discovered; and (ii) optimize and promote Meitu. In the event that such User Content contains the personal information, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such information and that we and our sub-licensees are allowed to use them to the extent indicated in this Agreement.

Your Responsibility for your User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under this Agreement. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through Meitu, nor any use of your User Content by us on or through Meitu will infringe, misappropriate or violate any third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Removal of User Content. You can delete your User Content at any time by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed, and copies of your User Content may continue to exist on Meitu or outside of Meitu. In addition, User Content you delete may persist for a limited period of time in backup copies. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Further, where your User Content is publically available, you acknowledge that we cannot control whether people will copy or reproduce such User Content and how they are going to use such copies of such User Content, and we have no responsibility in this regard. You agree that you will not have any claims against us arising from or relating to third parties using image, design, video and other materials that derive from or are based on your User Content in any form, including, in particular, publishing on the Internet. We shall also have the right to delete or remove any User Content in our sole and absolute discretion and without prior notice to you.

Rights in Content Granted by Us. Subject to your compliance with this Agreement, and subject to the license terms in Section 6 with respect to Virtual Goods, we grant to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to, during the term of this Agreement, access and view the Content (excluding your User Content) solely in connection with your permitted use of Meitu and solely for your personal entertainment, study, research or appreciation purposes that are non-commercial. You shall not use Content (excluding your User Content) for any commercial purposes without our prior written consent.

  1. 7. Advertising: Meitu may include advertisements in connection with providing Meitu to you, which you acknowledge supports the provision of the services by us and hence is a reasonable and legitimate. You agree to receive advertisements made available to you by us or third-party partners while you are using Meitu. Subject to our compliance with any applicable laws related to the provision of advertisements, we are not select, review or screen advertisements and are not a supplier of any of these products or services. We make no representations or warranties as to the goods or services of any advertisers, whether express or implied all of which are hereby disclaimed. You should carry out your own enquiries as to any product or service advertised via Meitu to ascertain its quality, suitability, availability or other characteristics and verify any claims or descriptions relating thereto. . Unless otherwise stipulated by law, we are not liable for any of your losses or damages arising from or in connection with the transactions performed by you based on such advertisements or the content provided by the advertisers.
  1. 8. Feedback: We welcome feedback, comments and suggestions for improvements to the Meitu (the “Feedback”). You can submit Feedback by emailing us at app@meitu.com (please quote “Meitu App” in your email title), by phone at 6568127888, or via registered mail at Unit 8106B, Level 81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong (attention: Legal Department, Meitu). or by using the “Feedback” feature in the App. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
  1. 9. License for the App.

Subject to your compliance with this Agreement, we grant you a limited royalty-free, non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes as expressly permitted by this Agreement. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. We reserve all rights in and to the App not expressly granted to you under this Agreement.

  1. 10. Indemnity: If anyone brings a claim against us, our affiliates or service providers, and/or each of our or their respective officers, directors, agents, joint ventures, employees or representatives, arising from or in connection with your acts or omissions relating to use of Meitu or the provision of User Content, including, without limitation, actual or alleged violation of any laws, regulations or other legal rights, or any breach of any term in the Terms of Service, you will indemnify and hold us and each of the parties identified above harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
  1. 11. Disclaimer:You agree to use Meitu at your own risk. Meitu is provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied or statutory, all of which are hereby disclaimed to the maximum extent permitted under applicable law. Without limiting the generality of the foregoing, we specifically disclaim any warranties relating to title, merchantability, fitness for a particular purpose and non-infringement. We do not make any representations or warranties that access to any part or feature of Meitu, or any of the materials contained therein, will be continuous, uninterrupted, timely, error-free, or secure. Operation of Meitu may be interfered with by numerous factors outside of our control. We make no representation or warranties as to the quality, suitability, usefulness, accuracy, or completeness of Meitu or any materials contained therein.
  1. 12. Limitation of Liability:To the maximum extent permitted under applicable law, we will not be liable to you for any loss of profits, loss of anticipated savings, loss of opportunity, loss of reputation or any consequential, special, indirect, or incidental damages arising out of or in connection with this Agreement and/or your use of Meitu, even if we have been advised of the possibility of such damages except in the cases where our intentional act or gross negligence causes loss or damage to you. If to any extent our liability is not or cannot be excluded, the aggregate liability of us, our affiliates, and service providers, or any of our or their respective officers, directors, agents, joint venturers, employees or representatives, to you or any third parties in any circumstance is limited to the lessor of: (i) the actual fees paid to us by you in the preceding three (3) months; and (ii) US$100 dollars. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted.
  1. 13. Not Responsible for Third Parties:We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents and our affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. Meitu may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites.You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
  1. 14. Force Majeure and Other Grounds for Exemption: Your use of Meitu may be affected by force majeure circumstances or other factors, including, but not limited to, the following: political or social circumstances, natural disasters, economic crisis, computer virus or hacker attacks, server or system instability, your location, technical limitations, network quality, and failures of communication lines or computers or other matters beyond our control (hereinafter collectively referred to as “Force Majeure Events”). In the event of the occurrence of any Force Majeure Events, for the duration of such Force Majeure Events, we shall have no liability to perform any of our obligations affected thereby, which obligations shall be suspended, and we shall not have any liability for losses you may sustain that are attributable to any Force Majeure Events to the maximum extent permissible by law.
  1. 15. Modification, Suspension, and Termination of Meitu: Except as otherwise stipulated in this Agreement, we shall have the right to modify, suspend, or terminate the operation of Meitu and/or your access to Meitu at any time, in our sole discretion and without any notice. We shall assume no responsibility for any such modification, suspension or termination. It is your responsibility to appropriately update, backup and transfer the data generated and arising in connection with your use of Meitu. Upon any such cancellation, suspension or termination, the following Sections of this Agreement will survive: Sections 3,4, 5, 6,7, 8, 10,11,12, 13, 14, 15, 16, and 17.
  1. 16. Notification of Infringement: We have the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of Our Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify us in writing immediately in the form and containing the information prescribed by applicable law (“Infringement Notice”). All Infringement Notices shall be sent to us addressed as follows: Unit 8106B, Level 81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong (attention: Legal Department, Meitu) or you may send an email to compliance@meitu.com (please quote “Meitu App” in your email title).

Where we remove any Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by us. You acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.

  1. 17. Governing Law and Dispute Resolution: This Agreement is established, entered into force, and shall be enforced and interpreted under the laws of Hong Kong Special Administrative Region of People’s Republic of China, without regard to its conflict of law provisions. Any disputes arising hereunder shall also be resolved in accordance with the laws of this jurisdiction. You agree to submit any dispute between you and us to the exclusive jurisdiction of Hong Kong. If any provision of this Agreement is held to be invalid or unenforceable for whatever reason, the remaining provisions shall remain in full force and effect and bind upon you and us.
  1. 18. Inherent Risks.

Inherent Risks. You accept and acknowledge that there are inherent risks associated with utilizing an Internet-based service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, data loss, and the risk that third parties may obtain unauthorized access to your User Content or Account.

Acceptance of Risks. You understand and agree that you have fully considered the risk of data provided and transmitted through the Internet to Meitu’s servers and are willing to take the risk. You hereby confirm that you will undertake and accept the consequences of any data loss. We will assume no responsibility for any data loss that is not solely caused by us.

  1. 19. Specific Terms for Users in the European Union.

The following specific provisions apply to users in the European Union:

(i) In addition to the choice of law made in Section 17, the following shall apply: The statutory provisions limiting the choice of law remain unaffected. In particular, within the territorial scope of Article 6(2) of European Union Regulation (EC) No. 593/2008 (so-called "Rome I Regulation") the following applies: If the law of the country where you, as a consumer, at the time of conclusion of the contract have your habitual residence (hereinafter "right of residence") contains provisions for your protection which may not be deviated from by agreement under the right of residence, the (more favorable) provisions of the right of residence apply to you. Therefore, you enjoy the protection of the mandatory provisions of the right of residence despite the choice of law pursuant to Section 18.

(ii) With regard to the Virtual Goods and Subscription Service, the following shall apply: In accordance with the EU Directive 2011/83/EU, consumers, within the territorial scope of the Directive, generally have a statutory right of withdrawal when concluding a distance selling contract, about which we will inform you below in accordance with the statutory model instructions on withdrawal.

Model instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

If you wish to exercise your rights, you may send an email to compliance@meitu.com (please quote “Meitu App” in your email title) or mail your request to Unit 8106B, Level 81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong (attention: Legal Department, Meitu) to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

— To [Meitu (China) Limited, Level 81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong (attention: Legal Department, Meitu). e-mail: compliance@meitu.com (please quote “Meitu App” in your email title);

— I/We (*1) hereby give notice that I/We (*1) withdraw from my/our (*1) contract of sale of the following goods (*1) /for the provision of the following service (*1) ,

— Ordered on (*1) /received on (*1) ,

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

(*1) Delete as appropriate.

Privacy Policy

Version:3.2

Last Modified: Sepetmber 9, 2020

Your privacy is important to us.

Meitu (China) Limited ("we", "us" or "our") is dedicated to protecting the privacy of our users ("users" or "you"). This Privacy Policy (the "Policy") is meant to explain our practices regarding how we collect, store, use, manage and protect your user information (including your personal information) as a controller and/or business under applicable data protection laws during your use of Meitu application including all its features (the "Services").

Please note that the scope of this Policy is limited solely to your user information (including your personal information) collected or received by us when you are using the Services. In this Policy, "personal information" refers to any information or combination of information that can be used to identify, contact or locate an individual to whom the collected information pertains. Such personal information may include your name, gender, phone number, email address, date of birth, images, geo-location, personal identity number, identifiable biological information, and financial information (such as credit card or bank account number, WeChat Pay or Alipay account information).

BY USING OUR SERVICES, YOU ARE AGREEING TO THIS POLICY AND THE COLLECTION, USE, PROCESSING, RETENTION, DISCLOSURE AND SHARING OF YOUR USER INFORMATION, INCLUDING YOUR PERSONAL INFORMATION, IN THE MANNER PROVIDED IN THIS POLICY. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS POLICY OR ANY SUBSEQUENT CHANGES TO THIS POLICY, PLEASE DO NOT USE OUR SERVICES.

Please note that it is mandatory for you to provide certain categories of data (as specified at the time of collection). In the event that you do not provide any or sufficient data marked as mandatory, we may not be able to complete the registration process or provide you with our Services. Also, please note that, unless we define a term in this Policy, all capitalized terms used in this Policy have the same meanings as in our Terms of Service. So, please make sure that you have read and understand our Terms of Service.

If you have any questions regarding this Policy or any privacy-related matters, please contact our Data Protection Officer by phone at 6568127888, or via registered mail at Unit 8106B, Level 81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong (attention: Legal Department, Meitu), or via email at compliance@meitu.com (please quote “Meitu App” in your email title) – please note that this email account is only for the purpose of data privacy issues, any other request unrelated to the data privacy issues will NOT be responded.

THE INFORMATION WE COLLECT

In order to provide and improve the Services, we will collect and process your personal information and user information in accordance with this Policy. If you do not provide this information, we may be unable to provide you with our products or Services. You should ensure that all personal information and user information submitted to us is complete, accurate, true and correct. Failure on your part to do so may result in our inability to provide you with all or some of the Services.

The Information You Provide to Us

When you use the Services, we might recommend you sign up for an Account to take full advantage of the Services and all their features. When you create an Account, we will collect certain information that can be used to identify you or provide the Services to you, such as your user name, gender, date of birth and mobile phone number and location (collectively, “Registration Data”).

Anyone can access our Services, but there are certain services that require a subscription fee, such as accessing to our premium content and enjoying advertisement privileges (“Subscription Service”). If you choose to make a purchase on our Subscription Service, we will collect certain personally identifiable information, such as your device ID. A third-party app store or payment processor may collect your financial information (such as bank account information, WeChat Pay or Alipay account information) and billing address.

Mobile Device Information

When you use our Services on your mobile device, we will collect information about your device, including its International Mobile Equipment Identity ("IMEI"), Unique Device Identifier (“UDID”) or Android ID, Identifier for Advertising ("IDFA") and Identifier for Vendor ("IDFV"), Integrated Circuit Card Identifier ("ICCID"), Media Access Control ("MAC") address, the type of device you use, operating system version, a list of mobile applications installed on your device and resolution, which will be used by us for statistical and/or analytical reasons, including without limitation to improve our technical functionality, server load-balancing, analysis of technical data relating to your mobile device so as to optimize the Services and graphics adaptation.

We may send you push notifications on your mobile device from time to time. If you no longer wish to receive these types of communications, you may turn them off from your mobile device.

As stated below in the “Location Information” section, we may collect your location-based information from your mobile device if you choose to share it with us. If you subsequently wish to stop sharing Location Information, you may do so at any time by editing the relevant setting on your mobile device.

Mobile Analytics

We use mobile analytics software to allow us to better understand and improve the functionality of our Services. Such software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from.

Network Information

When you use the Services, we will collect information about the network you use, including the name of the operator and the type of network, so as to understand the distribution of operators and networks used by our users. In addition, we will collect information such as the name of the WiFi network to which you connect, the location of the WiFi network, and the duration of your WiFi connection to understand the environment under which you prefer to use our Services. We may use such information to provide customized services, for example to provide you with location-based advertising through push-notification.

Location Information

We will collect your Location Information, including the country code, latitude and longitude, network location, IP address and the system country and system time zone recorded on your device. This information will help us understand user distribution and usage scenarios and allow us to provide users with the correct version of our apps, the reappearance of the geo-location or the publishing of the real-time geo-location where you take any photos or shoot any videos, send relevant advertisements to you, and improve the Services. Except as otherwise provided in this Policy, we will not share this Location Information with any third parties. If you no longer wish to allow us to collect or use such information, you may turn off your Internet access or GPS, or disable our access to information about your network, GPS and device. Please note that we may still continue to receive some Location Information, such as your Network Information, IP address and system time zone, as a result of you using the Services.

Log Information

When you use some of the Services, including generating and browsing certain content, we will automatically collect certain relevant log information stored in Meitu ("Log Information"). Log Information may include (i) details on when and how often you use the Services, (ii) device statistics, including critical operation paths, errors, crashes, language and time zone. This Log Information is used to improve the Services and is NOT USED to identify our users individually.

Image Information

By choosing to use the cloud editing feature of our service, you understand and agree that we must upload your photos to our server for processing before returning processed photos to you for the purposes of providing such service to you and continuous optimization and that we will also receive the EXIF data about your photos (EXIF data may contain GPS coordinates where photos were taken and processed, equipment type, ISO and information about the front and rear cameras and creation time, depending on the equipment manufacturer) for the purpose of further optimizing our Services, such as providing a better match of photo effects to your equipment.

Metadata

Metadata refers to technical data associated with user content. Put simply, metadata is data that describes data. For example, metadata can describe the analysis results of facial features, gender, age, race of the characters in photos and other elements contained in photos, which are generated and tagged by the computer algorithm and artificial intelligence. When you use the Services, we will use photo metadata to provide you with certain features including precise "Facial Recognition", "Key-Points Recognition", "Region Segmentation", "Content Tags" and other custom features based on a combination of these basic features. We may use your photo metadata to provide you with more suitable filters and better photo effect when our apps process your photos; we may also make use of the metadata to serve up a more contextually relevant products or services to you.

Face Recognition

In order to provide the Services, apart from utilizing metadata as mentioned above, we use face recognition technology to recognize faces in photos and camera experiences. We may detect and use facial marks to provide face recognition contents and facial manipulation features. Our Services may utilize calculation results of ARKit and TrueDepth API from Apple in relation to depth of facial mapping information, which may require to use your facial recognition features in order to ensure the face image processing effect and perform feature analysis using the algorithm. The information we collect cannot be used for identifying a specific person, and is used to provide the mentioned features only. When the content recommendation is finished or upon the closing of the application, the facial mapping information is discarded. These information is not shared with any third parties.

We will neither use the results for other purposes, nor capture any data in the file nor upload data to the server for recording purposes.

Cookies

When you are using the Services, we or a third party designated by us will use cookies, tags and scripts to collect information for the purposes of analyzing trends, managing the Services, tracking users activity on the Meitu and collecting demographics on the user base. Information collected may include information about your Internet Protocol (IP) address, browser type, Internet Service Provider (ISP), referring and exit pages, your operating system, dates and timestamps, and clickstream data.

Advertising

We and our third-party service providers may include advertisements within our Services, and may collect and use information about you such as your Advertising ID, geographic location and IP address for the purpose of delivering and tracking these advertisements. If your device does not have Advertising ID, we may use other persistent identifiers. We may also access your App list and collect the application package names of the applications installed on your device. We use the above information to help us better count, track and provide advertisements based on suitability, language, geographic location and other details. If you wish to opt out of interest-based advertising, you may opt out as your device permits. For more information, please contact us at compliance@meitu.com (please quote “Meitu App” in your email title). Please note you will continue to receive generic ads after you opt out of interest-based advertising.

Information Collected by Third Party Services

Our Services provided to you may contain our service provider’s Application Programming Interfaces (APIs) or Software Development Kits (SDKs), which may have tracking tools of such service providers. These third parties may use cookies, APIs and SDKs on our Services and collect and analyze user information. In addition, some third-party SDKs may allow advertisers to collect information in order to provide content that is more relevant to you. Third parties may access your information such as your device identifiers, region (defined as the location where a given language is used), location information and IP address under their respective privacy policies.

User Data Supplementation

We may receive information about you from other sources, including publicly available databases or third parties from whom we have purchased data, and combine this data with information we already have about you. This helps us to update, expand and analyze our records, identify new customers, and provide products, services, and advertising that may be of interest to you. If you provide us with personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us. Examples of the types of personal information that may be obtained from public sources or purchased from third parties and combined with information we already have about you, may include: Purchased marketing data about our customers from third parties that is combined with information we already have about you, to create more tailored advertising and products.

If you provide us any personal information of any third party, you shall obtain the consent of such third party for the collection, use and disclosure thereof by us in accordance with these purposes. You further represent and warrant that in relation to any such third party personal information that you provide, you have obtained such consent for such collection, use and disclosure by us.

Payment Processors

If you signed up through Meitu app for a Subscription Service to purchase premium content, a third-party app store or payment processor may receive, access or use your payment information (such as bank account information, WeChat Pay or Alipay account information) for the purpose of processing transactions and renewals. If you purchased content or signed up for Subscription Services through a third-party app store or a payment processor, you should refer to that third party’s terms for information on how it maintains and uses personal financial information for all purchases.

Other Information

We may also collect other information which is not related to your identity. For example, we may collect information on the type and version number of your operating system to better understand system upgrades, we may collect information on your system language for the purpose of language adaptation, and we may collect your App list to understand user preferences. If we choose to collect such information, we will do so for the purpose of improving our Services provided to you.

HOW WE USE INFORMATION

In addition to the uses listed above, we collect and use your user information and personal information for the following purposes:

(i) Services. To provide, process, maintain, improve and develop our Services provided to you, including customer support, and other services provided through our products.

(ii) Statistical analysis. To develop and analyze statistics on the use of our products and Services for the purpose of improving our products and our Services.

(iii) To create an Account. The personal information that we collect when you use or Services to create an Account will be used by us to create your Account and profile.

(iv) To facilitate your use of forums. Your information may be used when we display your profile, when you interact with other users and when you publish forum posts.

(v) To provide location-based services. When you use our Services, we or third party service providers may take advantage of your location information to provide you with advertising, the correct version of our Services and help you gain good user experience.

(vi) To improve user experience. Certain optional features such as user experience programs allow Meitu to analyze data regarding the use of our products and our Services and improve user experience.

(vii) To provide push services. Device information may be used by us to provide push services to assess the performance of adverts and the success of software updates, or provide notifications on new product releases.

(viii) To verify your identity. Verifying your identity using a text message when you log in to your account helps prevent unauthorized logins to your account.

(ix) To collect feedback from you. Your feedback is of great value in helping Meitu improve our Services. To keep track of your feedback, Meitu may use the personal information provided by you to contact you and retain the records.

(x) Other purposes. We will collect, store, maintain and use information about you for purposes under the “The Information We Collect”, and for purposes of running our operations, pursuing our legitimate interests (e.g., direct marketing, research (including marketing research), network and information security, and fraud prevention), and satisfying our legal obligations.

INFORMATION SHARING AND DISCLOSURE

We may share your information with third parties who provide services on our behalf to help with our business activities. These services may include:

We will not share with or disclose to third parties (other than our service providers) your personal information in whole or in part except for the purposes of:

(i) protecting the security of others or their property;

(ii) preventing or dealing with fraud;

(iii) safeguarding our legitimate rights and interests;

(iv) taking action in line with our purposes as described in the "The Information We Collect" or the “How We Use Information” sections;

(v) complying with laws and regulations or requests by government departments, judicial authorities, law enforcement, or private parties, which are typically designed to uphold Internet security and the rights, property and safety of us, our users and third parties; and/or

(vi) evaluating or completing a transaction where we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or other event where your information may be sold or transferred.

THIRD PARTY WEBSITES AND SERVICES

The Services may contain links to other websites and services. In addition, other websites and services may reference or link to our Services. These other domains and websites are not controlled by us, and we are not endorse or make any representations about third party websites or services. We encourage our users to read the privacy policies of each and every website and service with which they interact. Visiting these other websites or services is at your own risk.

INFORMATION SECURITY

We will take reasonable measures to prevent the loss, improper use of, unauthorized access to or disclosure of information. For example, some of our Services will use encryption techniques (such as SSL) to protect your personal information. However, you understand and accept that (in the Internet industry) even though we take reasonable security measures, we cannot always guarantee that your information is 100% secure. You understand and accept that we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure. Further, you understand and accept that the system and communication network used by you to access our Services may fail due to factors beyond our control.

INFORMATION ACCESS AND CONTROL

We will take all reasonable and appropriate technical measures to ensure that you can access, update and correct your personal information or other personal information provided to us by you when using our Services. Before you access, update, correct or remove such personal information, we may verify your identity in order to protect the security of your account.

DATA RETENTION

Subject to applicable laws and regulations and the fulfillment of our business or legal purposes, we will retain your information (including your personal information) for such period as is required for us to continue to provide you with our Services.

PRIVACY RIGHTS

In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your personal information; (ii) obtain access to or a copy of your personal information; (iii) receive an electronic copy of personal information that you have provided to us, or ask us to send that information to another company (the “right of data portability”); (iv) object to or restrict our uses of your personal information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed personal information; (vi) withdraw your consent; and (vii) request erasure of personal information held about you by us, subject to certain exceptions prescribed by law.

If you wish to exercise your rights, you may send an email to compliance@meitu.com (please quote “Meitu App” in your email title) or mail your request to Unit 8106B, Level 81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong (attention: Legal Department, Meitu). We will process your request in line with applicable laws within a reasonable period of time after receiving your email or mail, and will cease collecting, using and disclosing your personal information thereafter, subject to certain exceptions prescribed by law. To protect your privacy, we will take steps to verify your identity before fulfilling your request. Please note that if you withdraw your consent or delete your personal information, your use of some of our Services may be affected.

California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the California Consumer Privacy Act.

INFORMATION ABOUT CHILDREN

We will not knowingly collect or request personal information from children under 16 (or any other age stipulated by law applicable to your region). If you are under 16, please do not send your personal information to us, including your name, address, phone number or email address. If you believe we may have any information about children under 16, you may send an email to compliance@meitu.com (please quote “Meitu App” in your email title) or send a registered mail to Unit 8106B, Level 81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong(attention: Legal Department, Meitu). If we learn that we have collected personal information from children under 16 (or any other age stipulated by law applicable to your region), we will promptly take steps to delete such information and terminate the associated account.

CROSS-BORDER DATA TRANSFERS

You understand and agree that all information collected via or by us may be transferred, processed, and stored anywhere in the world, including but not limited to, Singapore, China, the United States, the European Union, in the cloud, on our servers, on the servers of our affiliates, or the servers of our service providers, in order to provide the Services.

IF YOU ARE A RESIDENT OF CALIFORNIA

The California Consumer Privacy Act (“CCPA”) provides California residents with the right to know what categories of personal information we have collected about them:

Category of Personal Information

Collected by us?

Identifiers

Yes

Personal information categories listed in Cal. Civ. Code § 1798.80(e)

No

Characteristics of protected classifications under California or federal law

No

Commercial information

Yes

Biometric information

No

Internet activity or electronic network activity information

Yes

Geolocation data

Yes

Audio, electronic, visual, thermal, olfactory, or similar information

Yes

Professional or employment-related information

No

Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))

No

Inferences drawn from other personal information to create a profile

Yes

The California Consumer Privacy Act also provides California residents with the right to opt out of the “sale” of their personal information. Under the CCPA, a “sale” is broadly defined as making available personal information to a third-party for valuable consideration. It does not necessarily mean money was exchanged for the transfer of personal information.

For purposes of the CCPA, a “sale” may include using targeted advertising services to deliver targeted advertising on the Services or other sites. Like most mobile applications, we use these services, which enable us to provide the Services and relevant offers to you. As a result, Meitu may “sell” the following categories of personal information: identifiers (e.g., advertising IDs); internet activity; geolocation data; and inferences drawn to create a profile.

California residents may opt-out of the “sale” of their personal information by turning off the switch next to “Do not sell my personal information”.

If you are a resident of California, every year we will provide you free of charge with an opportunity to obtain a list of third parties to which we have disclosed or with whom we have shared your personal information for their direct marketing purposes during the previous year. If you are a resident of California and wish to obtain this list, you may send an email with the subject "Meitu App - The right to privacy of a California resident" to compliance@meitu.com or send a registered mail to 8106B, Level 81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong (attention: Legal Department, Meitu).

GOVERNING LAW

This Policy is established, comes into force, and will be enforced and interpreted under the laws of Hong Kong Special Administrative Region of the People's Republic of China, without regard to its conflict of law provisions. Any disputes arising hereunder will also be resolved in accordance with the Terms of Service. We do not represent or warrant that this Policy complies with the privacy law of any jurisdiction. Therefore, you should not interpret this Policy in accordance with such law.

AMENDMENTS TO THIS POLICY

You agree that we may update this Policy according to relevant laws and regulations or based on our business decisions, and you agree to be bound by any such revisions hereto. We will post any significant changes to this Policy on Meitu or notify you by other means as required by law.

FOR USERS IN THE EUROPEAN ECONOMIC AREA

If you are in the European Economic Area (“EEA”), we will not collect any of your information set forth above. However, we will process certain information related to your SIM card which enables us to verify whether you are in the EEA. We use this information to verify whether you are in the EEA and to prevent the processing operations outlined above. Where we are unable to collect such information we will ask you whether you are in the EEA. The legal basis for the processing of this SIM card data or your answer to the question about your whereabouts is the performance of a contract with you (Art. 6 para. 1 lit. b) of the Regulation (EU 2016/679 of the European Parliament and of the Council (“GDPR”)). Without the provision of such data we may not be able to provide you with any Services.

As we are located in the People’s Republic of China we are required to transfer this information to the People’s Republic of China. Please be aware that the European Commission has not issued an adequacy decision in relation to the People’s Republic of China.

We will retain this information for as long as needed to provide you with our Services.

Controller

The Controller for the purposes of Art. 4 no. 7 GDPR with respect to the processing outlined in this Policy is Meitu (China) Limited, Unit 8106B, Level 81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong. You may contact us via registered mail at the above address (attention: Legal Department, Meitu) or via e-mail at compliance@meitu.com. (please quote “Meitu App” in your email title.)

Representative

Our representative in the European Union is Rivacy GmbH, you may contact our representative via e-mail at info@rivacy.eu or via registered mail at Rivacy GmbH, Hammerbrookstraße 90,20097 Hamburg.

Your rights as a Data Subject

As a data subject in the European Economic Area you have the following rights with regard to the processing of your personal data:

Right of access

As a data subject you have the right to obtain confirmation from us as to whether we are processing your personal data (Art. 15 para. 1 GDPR). If so, you also have the right to obtain access to the personal data and the information listed in Art. 15 para. 1 GDPR. This includes information regarding the purposes of the processing, the categories of personal data that are being processed and the recipients or categories of recipients to whom the personal data have been or will be disclosed.

Right to rectification

As a data subject, you have the right to rectification set out in Art. 16 GDPR, i.e. to have your inaccurate data processed by us rectification and incomplete personal data completed.

Right to erasure (“right to be forgotten”)

As a data subject, you have a right to obtain from us the erasure of your personal data and we are obliged to erase your personal data without undue delay when one of the reasons listed in Art. 17 para. 1 GDPR applies. This can be the case, for example, if personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed (Art. 17 para. 1lit. a) GDPR).

If we have made the personal data public and are obliged to erase it, we are also obliged, taking account of available technology and the cost of implementation, to take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of those personal data (Art. 17 para. 2 GDPR).

The right to erasure (“right to be forgotten”) does not apply if the processing is necessary for one of the reasons listed in Art. 17 para. 3 GDPR. This can be the case, for example, if the processing is necessary for compliance with a legal obligation or for the establishment, exercise or defense of legal claims (Art. 17 para. 3 lit. a) and e) GDPR).

Right to restriction of processing

As a data subject, you have a right to obtain from us the restriction of processing if one of the conditions provided in Art. 18 para. 1 GDPR applies. This can be the case, for example, if you contest the accuracy of the personal data. In such a case, the restriction of processing lasts for a period that enables us to verify the accuracy of the personal data (Art. 18 para. 1 lit. a) GDPR).

Restriction means that stored personal data are marked with the goal of restricting their future processing (Art. 4 para. 3 GDPR).

Right to data portability

As a data subject, you have a right to receive your personal data which you have provided to us in a structured, commonly used and machine-readable format and to transmit those data to another controller without hindrance from us if the processing is based on consent pursuant to point Art. 6 para. 1 lit. a) GDPR or Art. 9 para. 2 lit. a) GDPR or on a contract pursuant to Art. 6 para. 1 lit. b) GDPR and the processing is carried out by automated means (Art. 20 para. 1 GDPR).

In exercising your right to data portability, you also generally have the right to have your personal data transmitted directly from us to another controller if technically feasible (Art. 20 para. 2 GDPR).

Right to object

As a data subject, you have a right to object under the conditions provided in Art. 21 GDPR.

Right to object on grounds relating to the particular situation of the data subject

As a data subject, you have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on Art. 6 para. 1, lit. e) or f) GDPR including profiling based on those provisions.

To verify whether our processing is based on Art. 6 para. 1, lit. e) or f) GDPR, please refer to the section “Legal Basis of the Processing” of this Privacy Notice above.

In the event of an objection relating to your particular situation, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Right to object to direct marketing

Where your personal data are processed for direct marketing purposes, you have the right to object at any time to processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing.

If you object to processing for direct marketing purposes, we no longer process your personal data for these purposes.

Right to withdraw consent

Where our processing of your personal data is based on your consent, you have the right, pursuant to Art. 7 para. 3 GDPR, to withdraw your consent at any time. The withdrawal of your consent does not affect the legitimacy of the processing that occurred based on your consent until the withdrawal.

To verify whether our processing is based on consent pursuant to point Art. 6 para. 1 lit. a) GDPR or Art. 9 para. 2 lit. a) GDPR or on a contract pursuant to Art. 6 para. 1 lit. b) GDPR please refer to the section “Legal Basis of the Processing” of this Privacy Notice above.

Right to lodge a complaint with a supervisory authority

As a data subject, you have a right to lodge a complaint with a supervisory authority under the conditions provided in Art. 57 para. 1 lit. f) GDPR.

Exercise of your rights under GDPR

As a data subject, you may exercise any of the rights listed above in accordance with the instructions and limitations set forth in “Data Retention and Correction, Update and Deletion” above. 

Additional Information on Your Rights as a Data Subject

For further information on your rights as a data subject please refer to Art. 12 to 21 GDPR, which can be accessed here: http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679.

FOR USERS IN JAPAN

Right to data disclosure, correction, erasure or suspension of use

If you are in Japan, as a data subject, you have the right to request the disclosure, correction, erasure or suspension of use of your personal data, and we are obliged to meet your request without undue delay. You may send your request by email to compliance@meitu.com (please quote “Meitu App” in your email title) or by mail to Unit 8106B, Level 81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong (Attention: Legal Department, Meitu).