Effective From: December 1, 2021
Preface
PicAI Privacy Policy (or “Privacy Policy”, or “Policy” in this article; this Privacy Policy, together with its updated versions, constitutes this “Privacy Policy”), applies to users (or “You”) who have used the products and services provided by the PicAI product and service provider (or “PicAI Operator” or “We” in this article). This Privacy Policy describes in detail the policies and practices of the PicAI Operator with respect to the acquisition, management, and protection of your personal information.
It should be noted that
– The PicAI product is a mobile client application with the name of “PicAI”.
– The PicAI Operator refers to Ningbo Yibin Technology Co., Ltd. (Registered address: Wangjiaqiao Village, Dongqiao Town, Haishu District, Ningbo City, Zhejiang Province, China; Contact address: 28th Floor, Building 1, Yongjiang Talent Innovation Center, No. 2632 Zhongshan Road, Yinzhou District, Ningbo City, Zhejiang Province, China).
Before you use the services provided by the PicAI Operator, please be sure to read and understand this Privacy Policy (especially the bolded terms), to understand in detail how we collect and use information, and to choose whether to agree to the relevant content. By selecting “Agree” or “Next” (or other similar operations with different names but of the same nature), you fully understand and agree to sign this agreement, commit to be bound by the agreement as a party to the agreement, and agree to the PicAI Operator to handle your personal information in accordance with the agreement of this Privacy Policy. If you disagree with any of the terms of this Agreement or are unable to accurately understand any of the terms of this Agreement, please do not access and/or use the PicAI application and its related services.
Minors under the age of eighteen should read this policy with a guardian and use the PicAI services only after obtaining their consent to your use of the services and to the terms of this agreement in its entirety.
If you have any comments, suggestions, or questions about this Privacy Policy, you may contact us through the methods advertised in this Privacy Policy (you may send the relevant content to xiaozhihe2021@gmail.com) or other contact/feedback channels provided within PicAI, and we will answer you as soon as possible.
Part I Definition
Personal information refers to all kinds of information recorded electronically or otherwise that can identify a specific natural person or reflect the activities of a specific natural person, either alone or in combination with other information.
Sensitive personal information is personal information that, if leaked, illegally provided or misused, may endanger the safety of persons and property, and is highly likely to lead to damage to a person’s reputation, physical or mental health, or discriminatory treatment, etc.
Part II Personal Information Privacy Policy
This policy will help you understand the following:
1. How we collect and use your personal information
2. The use and management of COOKIES and similar technologies
3. How we share, transfer, and publicly disclose your personal information
4. How we protect and store your personal information
5. How you can access and control your personal information
6. The special protection of personal information of minors
7. How your personal information is transferred globally
8. How this Policy will be updated
9. How to contact us
I. How we collect and use your personal information
Because PicAI does not provide interactive services for information content and does not have an account registration function, PicAI does not collect any information about you other than what is necessary to achieve its function.
1. Access to the Software
When you open, and access the PicAI App, we will identify your device identity information, i.e., device ID, to confirm your identity for use in the PicAI.
2. Create account and use widget services
(1) When You enter texts, pictures, and other contents, we will collect the information you entered for review to ensure that there is no prohibited content in it.
(2) When you add images to widgets, we will request camera, photo, and storage access rights. If you refuse to authorize them, you will not be able to use this feature, but it will not affect your normal use of other features of the PicAI.
(3) When using location-related widgets, we request precise geolocation permissions and collect location information related to the services to help you display location when creating or using for location-related service display. If you refuse to provide it, you will not be able to use the location feature, but it will not affect your normal use of other features of the PicAI.
(4) When using widgets related to device information, to ensure the normal provision of corresponding functions and the safety of the operating environment, we will collect the following relevant information:
– (a) Client hardware characteristic information: device model, device hardware serial number, operating system version, battery, signal, and data information.
– Software characteristics information: software version number, browser type.
– Service log information: information you view while using our services, service failure information and other service log information of the same type.
– Other logs and device information:
In addition to the above information, other logs, and device-related information we may collect mainly include: IMEI, MAC, SIM card IMSI identifier, device settings, process and software list, unique device identifier.
3. Other related information
To help you better use our products or services, we may also collect information other than the information listed above:
(1) We may collect information that has been anonymized for research, statistical analysis, and prediction (including using anonymized data for machine learning, training of model algorithms, etc.) for the purpose of improving our products and making commercial decisions.
(2) When you contact us, to verify your identity, we may record your conversations with us and collect other information necessary to resolve the issue.
In any event, we will collect the above information on a “minimal” and “necessary” basis and will protect the data in accordance with the regulations.
4. Exceptions to consent
Please be fully aware that we do not need to obtain your authorized consent for the collection and use of personal information in the following cases (again):
(1) Related to national security, national defense security.
(2) Related to public safety, public health, and significant public interest.
(3) Related to crime investigation, prosecution, trial, and execution of judgments, etc.
(4) For the purpose of safeguarding the life, property and other significant legitimate rights and interests of the subject of personal information or other individuals but where it is difficult to obtain the consent of the individual.
(5) The personal information collected is disclosed to the public by the subject of the personal information himself/herself.
(6) Where your personal information is collected from legitimate public disclosure, such as legitimate news reports, government information disclosure and other channels.
(7) Necessary for the conclusion and performance of a contract at your request.
(8) Those necessary for maintaining the safe and stable operation of the services provided, including the discovery and disposal of service failures or similar situations.
(9) Other circumstances stipulated by laws and regulations.
II. Use and management of COOKIES and similar technologies
(i) Cookies
Cookies are a neutral technology that allows the web server to store data on the client or read data from the client. Cookies are files that store some information related to the user’s visit to the website. Cookie content is usually encrypted, and secure Cookie technology will provide more convenient services for users when surfing the Internet.
(ii) Use of Cookies
The browsing tools you use to open our website may place secure Cookies and related technologies on your computer or mobile device to collect information about you, with the goal of providing you with a more personalized user experience and service. Cookies usually contain identifiers, site names, and some numbers and characters.
You can manage Cookies through your browser settings, including whether to enable and optionally disable them. However, if you disable Cookies, you may not be able to use certain services. For more information on how to change your browser settings, please visit the relevant settings page of the browser you are using.
III. How We Share, Transfer, and Publicly Disclose Your Personal Information
We will only share, transfer, and publicly disclose personal information when is necessary for the purposes stated in this Policy, and in connection with such sharing, transfer and public disclosure.
(A) Use and provision of personal information
The PicAI Operator will not share your personal information with any company, organization, or individual outside of itself without your consent, except in the following cases:
1. Sharing with express authorized consent: Authorization or consent has been obtained from you or your guardian. If provided at your request to handle disputes or controversies between you and others or in accordance with the relevant agreements signed with you (including the “Software License and Service Agreement for Widgets Box”) or other legal documents.
2. Sharing under statutory circumstances: Disclosure is required in accordance with relevant laws and regulations, for the needs of litigation activities, or to meet the requirements of judicial or administrative authorities based on statutory procedures. For example, provided to the extent permitted by laws and regulations, and necessary to protect the interests, property, and safety of the PicAI, the PicAI’s partners, you, other PicAI users, or the public from harm.
3. Sharing with affiliates of the PicAI Operator: The PicAI Operator may share your personal information with its affiliates in order to provide services to you, to recommend information that may be of interest to you, or to protect you or the PicAI Operator’s affiliates or other users from harm to their personal and property safety.
4. Sharing with authorized partners of the PicAI Operator: We may entrust authorized partners to provide certain services to you or perform certain functions on our behalf. To protect the security of your personal information, we will sign appropriate personal information use or confidentiality agreements with our partners before sharing your personal information with them, requiring them to handle personal information in accordance with our instructions, this policy, and any other relevant confidentiality and security measures.
Currently, our authorized partners include the following types:
(1) Authorized partners in the advertising and analytics services category. We do not share your personally identifiable information with partners who provide advertising and analytics services unless we have your permission or unless the data is de-identified and anonymized in accordance with the regulations. We may provide these partners with information about the coverage and effectiveness of their planning reports, but not your personally identifiable information, or we may aggregate this information in anonymized form to ensure that it does not identify you personally. Such partners may combine the above information with other data that they have lawful access to for advertising or decision-making recommendations.
(2) Vendors, Service Providers and Other Partners. Based on business needs, we may send information to vendors, service providers and other partners that support our business by providing technical infrastructure services, analyzing how our services are used, measuring the effectiveness of advertisements and services, providing customer service, facilitating payments, or conducting academic research and surveys. Particularly, when storage services are involved, we will maintain strict confidentiality regarding the content of the storage services performed in accordance with the regulations, and where third-party storage space rental is involved, we will strictly require that such third parties have minimal access to the data and maintain strict confidentiality.
List of third-party SDKs of the PicAI:
| Name | Official Website | Affiliation | Type of information collected | Usage |
| Sensordata SDK | https://manual.sensorsdata.cn/sa/1.17/tech_sdk_client_ios-1573910.html | Sensordata | Device information: device brand, model, software version and other basic information; network information: device network connection status, ip; application information: SDK host application Package name, version number and other information; User information: idfa, idfv | Used for overall valid data statistics or invalid traffic identification in order to provide better services to users |
(B) Transfer
We will not transfer your personal information to any company, organization, or individual, except for the following cases:
1. In the case of obtaining your express consent.
2. In the event of a merger, acquisition or bankruptcy and liquidation involving the transfer of personal information, we will require the new company or organization holding your personal information to continue to be bound by this Policy, or we will require that company or organization to seek your authorized consent again.
3. Provided in accordance with the relevant agreements signed with you (including electronic agreements signed online) or other legal documents agreed to.
4. Provided in accordance with applicable laws and regulations, the requirements of legal proceedings, and mandatory administrative or judicial requirements as may be necessary.
(C) Public Disclosure
We will disclose your personal information publicly only under the following circumstances:
1. With your express consent or based on your active choice.
2. Based on disclosure required by law or regulation: we may disclose your personal information when compelled to do so by law, legal process, litigation or governmental authority.
(D) Sharing, transfer and public disclosure without prior authorized consent
Based on the relevant laws and regulations, prior authorized consent is not required for the sharing, transfer, or public disclosure of your personal information in the following cases:
1. Related to national security or national defense security.
2. Related to public safety, public health, and significant public interests.
3. Related to crime investigation, prosecution, trial, and execution of judgments, etc.
4. To safeguard your or other individuals’ life, property and other significant legitimate rights and interests but for which it is difficult to obtain your consent.
5. Personal information that you disclose to the public on your own.
6. personal information collected from lawful public disclosures, such as lawful news reports, government information disclosure and other channels.
According to laws and regulations, the sharing or transfer of personal information that has been de-identified and ensures that the recipient of the data cannot recover and re-identify the subject of the personal information is not an act of sharing, transferring or publicly disclosing personal information to the public, and the preservation and processing of such data will not require separate notification to you and your consent.
IV. How we protect and preserve your personal information
(i) Protection of personal information
1. The PicAI Operator will conduct a rating and security assessment of the PicAI in accordance with relevant regulations.
2. We will take reasonable and feasible measures to avoid collecting irrelevant personal information. We will store the personal information collected and generated in the People’s Republic of China in the People’s Republic of China.
3. There are strict data protection and management measures within the PicAI Operator, and we will take security measures to strive to protect your personal information from unauthorized access, use, disclosure, modification, damage or loss and other forms of unlawful processing.
4. In the unfortunate event that the security of the data obtained and stored by the PicAI Operator is jeopardized, or the user’s non-public information is disclosed to an unrelated third party due to external actions (e.g. hacker attacks), the PicAI Operator will activate the emergency response plan, form an emergency response team, start the process, conduct internal investigation, report and notify the regulatory authorities, and cooperate with the regulatory authorities to reduce the impact of the accident on users, and at the same time will take the form of push notifications, emails, announcements, etc. to inform relevant users.
5. If our products or services are discontinued, we will stop collecting your personal information and inform you of the discontinuation through push notifications and announcements. In any case, we will delete or anonymize your personal information held by us after the termination of service or operation.
(ii) Storage of personal information
The PicAI Operator will take appropriate security measures and technical means to store and protect your personal information from loss, misuse, unauthorized access or disclosure, falsification or destruction. We will only store personal information for as long as necessary to achieve the purposes of this Privacy Policy and in accordance with the storage periods corresponding to the different levels of personal information, which are strictly in accordance with the law and relevant regulations. In accordance with the provisions of this clause, we only allow access to personal information to third parties such as employees who have a need to know such information and require them to fulfill the corresponding confidentiality obligations.
V. How you can access and control your personal information
1. Change or withdraw authorization
You can set and modify the device permissions allowed to be accessed by the PicAI client through the device’s own permission settings. After the relevant settings and modifications take effect, the PicAI Operator will not be able to provide corresponding services to you. Your withdrawal or change of your authorization will not affect the collection and use of personal information previously conducted based on your authorization.
(1) Turn off notifications: If you do not want to receive notifications from the PicAI, you can turn off the “notifications” function through system settings on your device.
(2) Photo album access: If you do not want the PicAI to access your photo album, you can turn off the “photo album” access through the system setting in your device.
(3) Location access: If you want to turn off the location access, you can do so in your device through the system settings.
2. Account cancellation
The PicAI does not provide information publishing service, and there is no account registration function, so you will not have the trouble of not being able to cancel your account.
3. Stop using services
– Except for the notification and photo album functions and the location function, other information collected by PicAI is necessary for the basic functions of PicAI to work. If you stop using our services, we will delete or anonymize the information collected for the purpose of providing services to you; for information that needs to be retained for a certain period under special circumstances due to laws and regulations, we will not use it again in our daily business activities and take reasonable and appropriate measures to protect it.
VI. How we handle personal information of minors
Minors should obtain the consent of their guardians to use our products or services. If you are a minor under the age of eighteen, you should ask your parent or guardian to read this Privacy Policy carefully before using our products or services and use our products or services or provide us with information with the consent of your parent or guardian. The PicAI Operator has the right to recover from your guardian if it holds you liable in accordance with the law or this agreement. If you are the parent or guardian of a minor, you should read all this Agreement in detail before agreeing to give your guardian access to our products or services.
Tip: If you are a parent or guardian of a minor, you should read this Privacy Policy in detail before agreeing to give your guardian access to our products or services, and if you have any questions, you can contact us through the contact information posted in this Privacy Policy.
If you use the PicAI, we will assume by default that you have received the foregoing consent. We will protect the personal information of minors in accordance with relevant national laws and regulations and the provisions of this Privacy Policy.
VII. How your personal information is transferred globally
The PicAI Operator will store personal information collected and generated during operation in the People’s Republic of China within the territory of China, except in the following cases:
1. Where explicitly provided for by the law of use.
2. Where express authorization has been obtained from you.
3. Where your personal initiative is carried out through the Internet.
For the above cases, the PicAI Operator will ensure that your personal information is adequately protected in accordance with this Privacy Policy.
VIII. How this Policy is updated
Considering changes in product form, revisions to laws and regulations, and other factors, we may revise this Policy from time to time, and we will post any changes made to this Policy on this page.
If you disagree with the revised Privacy Policy, you should promptly stop using our related services. If you agree to the newly revised Policy or continue to use our services, it means that you have fully read, understood, and agreed to our Policy.
IX. How to contact us
If you have any questions, comments, or suggestions about this Privacy Policy, you can send the relevant content to: xiaozhihe2021@gmail.com
After we receive your questions, we will process your feedback and respond to you in a timely manner after verifying your identity.
If you are not satisfied with our response, especially if you believe that our handling of personal information has harmed your legitimate rights and interests, you may also seek a solution by filing a lawsuit with a court with jurisdiction in Yangpu District, Shanghai.