Effective date: February 1, 2020
we operates the toya mobile application (the "Service").
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
We collect several different types of information for various purposes to provide and improve our Service to you.
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
When you access the Service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data ("Usage Data").
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
we uses the collected data for various purposes:
Your information, including Personal Data, may be transferred to ?? and maintained on ?? computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside China and choose to provide information to us, please note that we transfer the data, including Personal Data, to China and process it there.
we may disclose your Personal Data in the good faith belief that such action is necessary to:
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page:https://policies.google.com/privacy?hl=en
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
1.All content submitted to our Website or via our Apps by you (or on your behalf) via your User account (or other social media account, if applicable), including without limitation, your name, biographical information and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, code, and all other information and material shall be called your "UGC" for short.
2.You agree to submit UGC to the Website and via our Apps in accordance with the following rules (in particular, the Legal Standards and the Review Guidelines, as those terms are defined below). Please use caution and common sense when submitting UGC to the Website or via our App.
3.Publication of your UGC will be at our sole discretion and we are entitled to make additions or deletions to your UGC prior to publication, after publication or to refuse publication.
4.Please note, any UGC you submit to our Website or via our Apps will be considered non-confidential and non-proprietary.
5.The User-Generated Content must not contain or be accompanied by anything abusive, illegal, derogatory, defamatory, harassing, harmful, hateful, indecent, libelous, objectionable, obscene, offensive and or threatening. User-Generated Content should also not contain or be accompanied by any content relating to, nudity or pornography.
2.Rights, permissions & waivers
2.1You hereby grant to toya and any of our group companies and affiliates a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence (including full rights to sub-license) to use, reproduce and publish your UGC (including, without limitation, the right to adapt, alter, amend or change your UGC) in any media or format (whether known now or invented in the future) throughout the world without restriction.
2.2You warrant, represent and undertake to us that all UGC you submit is your own work or that you have obtained all necessary rights and permissions of the relevant owner of the work and that you have all relevant rights in your UGC to enable you to grant the rights and permissions in this clause 2.
2.3Where your UGC contains images of people or names or identifies individuals, you warrant, represent and undertake to us as follows:
2.3.1that all featured or identified individuals that are over the age of 18 and have expressly consented to their appearance in the UGC and to you submitting the UGC to our Website or via our Apps, and
2.3.2where featured or identified individuals are under the age of 18, that you either:
i.are the parent or legal guardian or such featured or identified individuals, or
ii.have obtained the express consent from a parent or legal guardian of such featured or identified individuals to their appearance in the UGC and to you submitting the UGC to our Website or via our Apps.
2.4You hereby unconditionally and irrevocably waive and agree not to assert (or procure the same from any third party where applicable) any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world in connection with your UGC, to the maximum extent permissible by law.
3Content standards and legal standards
3.1You warrant, represent and undertake to us that your UGC (including its use, publication and/or exploitation by us) shall not:
3.1.1infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity; and/or
3.1.2contain any material which is defamatory of any person; and/or
3.1.3contain misleading or deceptive statements or omissions or misrepresentation as to your identity (for example, by impersonating another person) or your affiliation with any person or entity; and/or
3.1.4breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence; and/or
3.1.5advocate, promote, or assist discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and/or
3.1.6contain any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programmes, codes or material; and/or
3.1.7violate any other applicable law, statute, ordinance, rule or regulation, (together, or individually the "Legal Standards").
3.2If your UGC contains any material that is not owned by or licensed to you and/or which is subject to third party rights, you are responsible for obtaining, prior to submission of your UGC, all releases, consents and/or licenses necessary to permit use and exploitation of your UGC by us without additional compensation. Please see clause 2 above for further details.
4Content standards and review guidelines
4.1You warrant, represent and undertake to us that your UGC:
4.1.1is accurate, where it states facts; and/or
4.1.2is genuinely held, where it states opinions (for example, in product or services reviews).
5Consequences of breach
5.1We will determine, in our discretion, whether you have failed to comply with this UGC Policy when submitting UGC to our Website or via our Apps. If you have failed to comply, we reserve the right in our sole discretion to suspend you from using the Website and/or our Apps without notice to you and/or to edit or remove (in whole or part) any of your UGC from our Website and our Apps on a temporary or permanent basis.
5.2Notwithstanding clause 5.1 above, if you or your UGC does not comply with this UGC Policy, and as a result of this, we suffer any loss or damage, you will be liable to us and hereby agree to indemnify us for any such loss or damage. This means that you will be responsible for any loss or damage we suffer as a result of your failure to comply with this UGC Policy, including but not limited to our Legal Standards and/or Review Guidelines.
5.3We also reserve the right:
5.3.1to pass on any UGC that gives us concern to the relevant authorities; and
5.3.2to disclose your identity to any third party (or their professional advisor) who claims that any of your UGC constitutes a violation of their intellectual property rights, or of their right to privacy.
6Changes to this UGC Policy
6.1We may change this UGC Policy from time to time, in which case an up to date version will be available via the Website and our Apps. You should check this UGC Policy regularly to ensure that you are happy with any changes. You will be deemed to have accepted any changes to this UGC Policy after you have been notified of the changes on our Website or our Apps and/ or if you continue to access or use the Website or our Apps, where the updated UGC Policy will be available for you to view.