Privacy Policy of Ximalaya

This privacy policy (“Policy”) sets out how information including your personal information is handled in relation to the services (“Services”) provided by Ximalaya (“Company”). Please read this Policy carefully before using the Services. Please contact the Company if you have any question.

1. User information to be collected and the method of collection

In this Policy, “User Information” means personal information (such as name, email address and telephone number) that will be saved as account information when registering an account in order to access the Services and which is collected by the Company in accordance with this Policy. “User Information” also includes information collected by the Company when the sharing function offered by the Company is used – for example, when contents are played, a website which uses the Company’s advertisement service is accessed or the Company’s advertisements or contents are displayed or operated, and other information set out below.

(1) Device information

The Company collects device-specific information (such as hardware model, version of the operating system being used, IP specific to the device, mobile network information such as telephone number). The Company may associate your account with your device ID and telephone number.

(2) Location information

When you use the Services, the Company may collect information relating to your location. The location will be determined using various technologies including IP address, GPS and other sensors that provide the Company with information on nearby devices, Wi-Fi access point and cell towers.

(3) Cookies and similar technologies

When you use the Services, the Company and its partners use various technologies to collect information. In doing so, your browsers and device may be identified through the use of Cookies and other similar technologies. When you use a service provided by the Company to its partner, the Company may collect and store certain information by using Cookies and other similar technologies. The Company enables other corporations and website owners to analyse the traffic to their websites and applications and, by using the Company’s technology, such information can be linked to information relating to number of visits to multiple websites.

(4) Account related information

In addition to information relating to you obtained from the Company’s partners, any information collected while you are signed-in to your account may be associated with your account. Please refer to paragraph 5 of this Policy for details on how to access, manage or delete information associated with your account.

2. Purpose of use

The User Information will be used for the purposes of providing, maintaining, protecting and improving the Services, developing a new service and protecting the Company and its users.

The specific purposes of use of User Information in connection with the provision of Services are as follows:

(1) to provide contents tailored for the users (such as providing search results and advertisements that are more relevant);
(2) to deliver and display advertisements and contents based on attribute information, device information, location information and activity information;
(3) to improve the service and develop a new service;
(4) to generate statistic data in the form by which the specific individual cannot be identified in order to utilize for marketing activity performed by the Company and/or a third party to be designated by the Company; and
(5) to utilize to perform the above-mentioned purposes.

3. Use of User Information

If the other users have already obtained other information to identify you, the Company may provide such other users with the profile information (such as your name and photographs) published by you.

If you use your account, your profile name, profile photo, activities on third party applications that are associated with the Company or your account (such as comments posted by you) may be displayed on the Services (including advertisements and other commercial displays). The Company will, however, respect the choice made by you with respect to the sharing and privacy setting on your account.

If you contact the Company, the Company will keep the communication records to help solve the issues you have. The Company may use your email address to send information regarding the Company’s Services (such as notice of proposed changes or improvements).

The Company will use the information collected through technologies such as Cookies to improve the user experience and the quality of the Company’s overall Services. For this purpose, the Company will save your language setting and display the Services in the language selected by you. When advertisements are customized and displayed for you, the identifying information obtained from Cookies and other similar technologies will not be associated with categories of information which are highly confidential (such as race, religion, sexuality and health).

The Company’s automated system will analyse your contents (including emails) and provide you with service functions which are more relevant to you. Such functions will include customized search results, customized advertisements and detection of spams and malware.

By associating the User Information obtained from certain services of the Company with information obtained from other services of the Company (such as User Information), the sharing of information with an acquaintance, for example, may become easier. Further, depending on the account setting, your activities on other websites and applications may be associated with your User Information to improve the Services or the advertisements by the Company.

4. Obtaining consent and request to cease use

The Company will always obtain your consent if it wishes to use your User Information for purposes other than those set out in this Policy.

You may request cessation of use of all or part of such User Information by giving notice to the Company. In such case, the Company will promptly cease the use of such User Information in accordance with the terms prescribed by the Company. However, as the collection or use of certain categories of User Information is a prerequisite for the Services, the Company will cease the collection of such User Information only when you have unsubscribed from the Services in accordance with the method prescribed by the Company.

5. Management of User Information

The Company aims to clearly set out the information that it collects and enable you to appropriately select how such information is used. For example, you are able to do the following:

(1) review and update the activities management and specify which type of data (such as audio played on an application and details of past searches) should be saved with your account when using the Services. Further, at the management page, you are able to specify whether certain activities should be stored in Cookies or similar technology on your device when you use the Services while being signed-out from the account.

(2) review and edit the advertisement display setting (such as categories you are interested in) relating to advertisements displayed on the Services or on the web page using the advertisement setting. At the advertisement setting page, you are able to select not to use part of the advertisement services provided by the Company.

(3) change the profile associated with your account which is displayed to other users.

(4) manage the persons with whom you can share information through your account.

(5) select to display your profile name or profile photo in the shared recommended information displayed in the advertisements.

Further, the services offered by the Company provide you with various options with respect to sharing and removing your contents.

Whenever you use the Company’s services, the Company aims to provide you with access to your User Information. If that information is wrong, the Company endeavours to provide you with ways to promptly update it or to delete it unless the Company has to keep such information for legitimate business or legal purposes. When updating your personal information, the Company may ask you to verify your identity before it can act on your request.

The Company may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (such as requests concerning information stored on the backup system).

Where the Company can provide access to or correction of User Information, it will do so for free, except where it would require a disproportionate effort. As the Company takes measures to protect information from accidental or malicious destruction, after you delete information from the Services, the Company may not be able to immediately delete residual copies from its active servers and may not remove information from its backup systems.

6. Disclosure of personal information

If you request the disclosure of your personal information in accordance with the Act on the Protection of Personal Information, the Company will promptly make such disclosure after confirming that the request is made by you except where the Company is not obliged to make such disclosure under the Act on the Protection of Personal Information or other applicable law. Please note that there will be an administrative fee for disclosure of personal information.

7. Sharing of User Information with third parties by the Company

The Company will not provide or permit the use of User Information to or by a third party except in the following circumstances:

(1) With your consent

The Company may share the User Information to a third party other than the Company when it has your consent to do so. The Company will take special care when dealing with User Information that is particularly confidential.

(2) With a domain administrator

If your account is managed by a domain administrator, your domain administrator and the distributor providing your organisation with user support will have access to your account information (including data such as emails). The domain administrator will be able to do the following. Please refer to your domain administrator’s privacy policy for further details.

    (i) view statistics relating to your account (such as statistics relating to applications you installed)
    (ii) change the password to your account
    (iii) suspend or terminate your account access
    (iv) access or retain information stored as part of your account
    (v) receive your account information in order to satisfy applicable law, regulation, legal process or enforceable governmental request
    (vi) restrict your ability to delete or edit information or privacy settings

(3) With an external service provider

If the Company engages a service provider to process all or part of the User Information to the extent necessary in order to achieve the purpose of use, the Company may provide such service provider with the User Information. In such case, the Company will procure that such service provider, an affiliated company of the Company or a third party, complies with this Policy and takes other appropriate measures for the protection of the User Information.

(4) For legitimate reasons

The Company may share the User Information with a third party if it deems that the access, use, preservation or disclosure of such information to a third party is reasonably necessary to:
    (i) comply with law, regulation, legal process or enforceable governmental request
    (ii) investigate any potential violations of the terms of use with respect to the use of Services
    (iii) detect, prevent or otherwise address security or technical issues
    (iv) protect the rights, property or safety of the Company’s users or third parties, as required or permitted by law

(5) Non-personally identifiable information

The Company may publish information that are non-personally identifiable and share such information with its partners (such as website operators, advertisers and connected websites). For example, the Company may share information publicly to show the trends about the general use of the Services.

8. Protection of User Information

The Company takes the following measures to protect the Company and its users from unauthorized access to or unauthorized changes, disclosures or destruction of User Information held by the Company:
  (i) the Company encrypts many of the services using SSL and offer two-step verification when you access your account and safe browsing feature within the application
  (ii) the Company reviews its information collection, storage and processing practices (including physical security measures) to protect the system from unauthorized access
  (iii) the Company restricts access to User Information to its employees, designated contractors and authorized agents who need to know such information. Such persons who have access to User Information are subject to contractual confidentiality obligations and are required to comply with this Policy.

9. Scope of this Policy

This Policy applies to all of the services offered by the Company and its affiliates (including use of API and SDK) which include the Services and services offered on other websites, but exclude services that have a separate privacy policy.

This Policy does not apply to services offered by third parties, such as products or websites that may be displayed in search results, websites that may include the Services, or other websites linked to the Services. This Policy does not cover the information practices of third parties who advertise the Services.

10. Contact us

The Company regularly reviews compliance with the Policy and laws. If the Company receives any feedback, enquiries, complains or issues in writing, the Company will follow up in good faith with the person who wrote in.

11. Changes to this Policy

This Policy may change from time to time when necessary. The Company will post any privacy policy changes on a webpage designated by the Company and, if the changes are significant, provide a more prominent notice (for certain services, email notification will be given).

If the Company is involved in a merger, acquisition or asset sale, the Company will endeavour to ensure the confidentiality of all User Information and give all affected users a notice before their User Information is transferred or becomes subject to a different privacy policy.
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