Privacy Policy & Terms of Use
Beijing Otter Theme Technology Co.,
Ltd. is a company dedicated to developing mobile applications.
Your privacy is important to our Team
and we are committed to protecting your privacy. We provide this Privacy Policy
to help you understand how we collect, use and disclose information, including
what you may provide to us or that we obtain from our products and services.
This Privacy Policy explains how we treat your information and protects your
privacy when you use our mobile applications and related services (“the
Software and Services”) and the rights and options available to you regarding
your information. The Software and Services may include various features and
content that are offered and delivered to you by us and/or by third parties,
such as news, messages, advertisements and games, as well as features and
content that you may choose to add ("Content").
By using the services provided by Beijing Otter Theme
Technology Co., Ltd., you agree to the following Terms of Use (“Terms”). IF YOU
DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, DO NOT USE THE
SOFTWARE AND SERVICES.
Beijing Otter Theme Technology Co., Ltd reserves the right
to refuse or reject access to any or all of its Site,
Content or Services to any person or entity for any reason at any time. Access
to, registration for, use of and participation and in the Services are void
where prohibited. Certain areas or the Site or Services require you to register
with Beijing Otter Theme Technology Co., Ltd as a member and create a unique,
password-protected account (your "Account"). By registering, clicking
"I Agree" or otherwise using or participating in the Services, you
represent to Beijing Otter Theme Technology Co., Ltd that you:
(i) are at least 4 years of age
(ii) have the right, authority and capacity to enter into these Terms of Use
(iii) provide truthful and accurate information
(iv) will actively maintain and update all Account
information so that it remains accurate
(v) have not violated, and will not violate, any laws or
regulations during your use of the Site, Content or Service
(vi) agree to be legally bound by these Terms of Use
• IF YOU DO NOT ACCEPT ALL THE TERMS OF SERVICE FOR
Beijing Otter Theme Technology Co., Ltd IMMEDIATELY DISCONTINUE USE OF THIS
APP. BY CONTINUING TO USE THIS APP, YOU AGREE TO ALL TERMS AND CONDITIONS IN
THIS AGREEMENT.
We respect the intellectual property
of others, and we ask our users to do the same. You will not use the Site,
Content or Services for any purpose or in any manner that infringes the
copyrights of any third party, nor will You upload, email, post, publish,
distribute, transmit, submit or otherwise make available through the Site,
Content or Services any content, that infringes the copyrighted works or
violates the intellectual property rights of any third party. We may, in
appropriate circumstances, and at our discretion, terminate the Accounts of
users who infringe the intellectual property rights of others. Please provide
our Copyright Agent with the following information:
(i) an
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest.
(ii) a description of the copyrighted
work that you claim has been infringed.
(iii) a description of where the
material that you claim is infringing is located on the site.
(iv) your address, telephone number,
and email address.
(v) a statement by you that you have
a good faith belief that the disputed use is not authorized by the copyright
owner, its agent or the law.
(vi) a statement by you, made under
penalty of perjury, that the above information in your Notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner's
behalf.
When
you use or access the Software and the Service, some information about you may
be automatically collected as follows:
1) We
may use API provided by iOS to collect the technical information from your
browser or device when you visit our Service. This information could include
the type, name and version of operating system:(i)
Your configuration and settings of the Software and Services, version of the
Software and Services; (ii)ISP (Internet Service Provider), Internet protocol
(IP) address; (iii)IDFA (Identifier For Advertising) ;
(iv) status of the WLAN.
2) We
may use API provided by iOS to collect certain usage related information
regarding your use and interaction with your device, including the Software and
Services, such as when and how you use the Software and Services, and how
frequently you use them.
3) We
may use API provided by Apple Store to collect information about your
subscription orders, such as purchase items, subscription time, order status,
payment time. We do not collect and we are not
responsible for the collection or security of payment details. Payment
information is processed and stored using third-party companies (such as
Apple). These companies can be contacted through their websites:
https://www.apple.com. Before entering your personal payment details, we
suggest that you read and become familiar with the privacy policy of these
third-party companies.
1) We
may access to the camera of your device. In order to
ensure that you may normally use certain features of our Software (such as
Customize the icon component), you may voluntarily grant us the permission to
access to the camera to take photos, otherwise you will not be able to normally
use such features.
2) We
may access to the storage of your device. In order to
ensure that you may normally use certain features of our Software (such as
Customize the icon component), you may voluntarily grant us the permission to
access to the storage of your device to obtain the photos stored locally in
your device.
3) If
you communicate with us via our support section or via email, we may collect
your email address, name and other information you voluntarily submitted to us
in connection with such support (for example, your name, your user ID and
particular support query or request).
4)
List of installed software. If you choose to launch a component as a shortcut,
the Software will read the list of installed software in your device to
determine whether the third-party application corresponding to the component
exists.
5)Access
Bluetooth permissions. When you use the device panel component function, we
need to access the Bluetooth permission of your device to obtain the current Bluetooth
status, so that the Bluetooth status can be displayed on the component.
6）Access to HealthKit data.
We
value your privacy and are committed to protecting your personal data. This
application uses Apple's HealthKit framework to access and collect your health
data to provide better services and user experience. Here is our specific
policy regarding the use of HealthKit data:
l Data
Collection: We use the HealthKit framework to collect only the data related to
your step count.
l Data
Usage: The collected step count data will be used to display your daily step
statistics in the application widget and to provide relevant health suggestions
and analysis. This data will not be used for any other purpose and will not be
shared with third parties without your explicit consent.
l Data
Security: All data obtained from HealthKit will be stored on your device and
will not be uploaded to our servers or any third-party servers.
l User
Control: You can manage and control this application's access to HealthKit data
at any time through the "Health" app on your device. You can revoke
this application's access to HealthKit data at any time, and we will
immediately stop collecting your step count data.
l Data
Sharing: We will not share any data collected through HealthKit with any third
parties without your explicit consent. We will not use HealthKit data for
advertising, marketing, or any other data mining purposes.
3.3.1
The main reason we use your information is to deliver and improve the Service.
Read on for a more detailed explanation of the various reasons we use your
information:
1) to
operate and update the Software and the Service, and provide you with existing
and new functionality and features;
2) to
improve and customize the Software and the Service;
3) to
maintain, test, monitor and improve the quality and operation of the Software;
4) to
notify you of the Software and the Service updates;
5) to
provide you with support and handle your complaints and/or feedback;
6) to
take any action in case of a dispute involving you in connection with the
Software and the Service; and
7)to
comply and satisfy any applicable law regulation, legal process or enforceable
governmental request.
3.3.2
If any new purposes for processing your information arise
we will let you know we start to process information on that other purpose by
introducing the corresponding changes to this Privacy policy.
We
will not share any personal information that we have collected from you except
for the following events:
1) If
we are required by law to disclose your information, we may share your
information with law enforcement or other competent authorities and any third
party, as may be required (e.g., to detect, prevent or otherwise address fraud,
security, or technical issues; to respond to claims or satisfy any legal
process, subpoena, or governmental request; or to protect the rights, property,
or personal safety of our users, its partners, or the general public);
2) In
the event we go through a business transition such as a merger or acquisition
by another company, consolidation, change of control, reorganization, or sale
of all or a portion of its assets, your information will be among the assets transferred;
3) We
may share your information with certain third parties (including, without
limitation, search engines, content providers, and advertising networks and
platforms) that provide various services (such as advertising, marketing,
analysis, content, and search) in connection with the Software and the Service.
We take appropriate measures to ensure that no user can be individually
identified from the disclosure of such information, and we require these third
parties (i) to keep the data secured, (ii) not to use
the data for any other purpose other than to provide us with the Service; and
(iii) to use the data solely in compliance with the applicable data protection
laws and this Privacy Policy.
If you
want to delete any personal information that we have shared with the third
parties, please contact us through the email displayed below. We would try our
best to notify the third party of deleting the relative personal data, but no
warranty as to the deletion is made by us.
4) We
may also share personal information with our subsidiaries, affiliated and
parent companies but their use of such information must comply with the
applicable data protection laws and this Privacy Policy.
For purposes of these Terms of
Service, the term "Content" includes, without limitation,
information, data, text, photographs, videos, GIFs, audio clips, written posts
and comments, software, scripts, graphics, and interactive features generated,
provided, or otherwise made accessible on or through the Services. For the
purposes of this Agreement, "Content" also includes all User Content
(as defined below).
All Content added, uploaded,
submitted, distributed, posted to, or created using the Services by users
(collectively "User Content"), whether publicly posted or privately
transmitted, is the sole responsibility of the person who originated such User
Content. You represent that all User Content provided by you is accurate,
complete, up-to-date, and in compliance with all applicable laws, rules and
regulations. Without limiting the generality of the foregoing, you represent
that any User Content you create using tools accessible on the Services does
not infringe upon the intellectual property rights of any third party and is
otherwise in compliance with all applicable laws, rules and regulations. Your acknowledge that all Content, including User Content,
accessed by you using the Services is at your own risk and you will be solely
responsible for any damage or loss to you or any other party resulting
therefrom. We do not guarantee that any Content you access on or through the
Services is or will continue to be accurate.
The Services may contain Content
specifically provided by us, our partners or our users and such Content is
protected by copyrights, trademarks, service marks, patents, trade secrets or
other proprietary rights and laws. You shall abide by and maintain all
copyright notices, information, and restrictions contained in any Content
accessed through the Services.
Subject to these Terms of Service, we
grant each user of the Services a worldwide, non-exclusive, non-sublicensable
and non-transferable license to use Content solely for purposes of using the
Services. Use, reproduction, modification, distribution or storage of any
Content for other than purposes of using the Services is expressly prohibited
without prior written permission from us. You shall not sell, license, rent, or
otherwise use or exploit any Content for commercial use or in any way that
violates any third party right or these Terms of Service.
By submitting User Content through
the Services, you hereby do and shall grant us a worldwide, non-exclusive,
perpetual, royalty-free, fully paid, sublicensable and transferable license to
use, edit, modify, truncate, aggregate, reproduce, distribute, prepare
derivative works of, display, perform, and otherwise fully exploit the User
Content in connection with the Site, the Services and our (and our successors’
and assigns’) businesses, including without limitation for promoting and
redistributing part or all of the Site or the Services (and derivative works
thereof) in any media formats and through any media channels (including,
without limitation, third party websites and feeds and via our API), and
including after termination of your Account or the Services. You also hereby do
and shall grant each user of the Site and/or the Services a non-exclusive,
perpetual license to access your User Content through the Site and/or the
Services, and to use, edit, modify, reproduce, distribute, prepare derivative
works of, display and perform such User Content, including after termination
your Account or the Services. For clarity, the foregoing license grants to us
and our users do not affect your other ownership or license rights in your User
Content, including the right to grant additional licenses to your User Content,
unless otherwise agreed in writing. You represent and warrant that you have all
rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any
privacy rights, publicity rights, copyrights, trademarks, contract rights, or
any other intellectual property or proprietary rights.
We do not guarantee that any Content
will be made available on the Site or through the Services. We reserve the
right to, but do not have any obligation to, remove, edit, modify, or block
from the Services any Content in our sole discretion, at any time, without
notice to you and for any reason (including, but not limited to, upon receipt
of claims or allegations from third parties or authorities relating to such
Content or if we are concerned that you may have breached the final sentence of
the immediately foregoing paragraph), or for no reason at all.
This Terms of Service is subject to
change at any time. Notices of any changes will be considered given and
effective on the date posted on our app. The changes made will become effective
the date they are posted. No further notice by Beijing Otter
Theme Technology Co., Ltd. is required upon your continued use of our app
or software.
In addition to applicable disclaimers
stated above, Our performance under these Terms of Use shall be excused in the
event of interruption and/or delay due to, or resulting from, causes beyond its
reasonable control, including but not limited to acts of God, acts of any
government, war or other hostility, civil disorder, the elements, fire, flood,
earthquake, explosion, embargo, acts of terrorism, power failure, equipment
failure, industrial or labour disputes or
controversies, acts of any third party data provider(s) or other third party
information provider(s), third party software, or communication method
interruptions.
If you have any questions regarding
this Privacy Policy & Terms of Use, you may contact us at
postmaster@ottertheme.com.