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2011-2020 © TalkingData.com
TalkingData Terms of Service and Privacy Policy关闭
Welcome to use the website and service of TalkingData.The website of TalkingData refers to the websites providing internet information, product and service with the brand of TalkingData, including but not limited to www.TalkingData.net, www.appcpa.co, www.talkinggame.com, www.tendata.com and so on (hereinafter referred to as “website” or “this website”).
This website and its service are provided by Beijing Tendcloud Tianxia Technology Co.,Ltd and its affiliates (hereinafter referred to as “TalkingData” collectively) in accordance with terms and conditions as below. When you visit this website or accept relevant service from this website, please read and understand all the content of this Service Term (hereinafter referred to as “term”) seriously. You (or refer to as “user”) shall also read and learn other terms and service norm (including but not limited to use help, privacy policy and so on) which shall be complied with during the process of service provision to you. Your visit, browsing this website, or registering and logging in this website by ticking agree, or using the service provided by this website in any way, shall be deemed as your agreement to be bound by this term and other terms and service norm.
1. Precondition of service
1.1 This website and service will only be provided to natural person over 18 years old with full civil capacity of conduct and legal person legally registered and validly existing in accordance with the law of residence. Please do not continue to use service from TalkingData and we have the right to terminate our service to you at any time if you are not qualified. 1.2 You shall provide current, full and accurate registration information to TalkingData in order to obtain registration account and password provided by TalkingData if you use the service of this website. During the use of service, you undertake to update your registration information to TalkingData at any time. TalkingData shall not be responsible for wrong, false or incomplete account information and has the right to terminate the service at any time. 1.3 In order to keep confidential of your account, you shall take necessary measures to limit unauthorized use/access to your computer or mobile equipment, and keep your password from any third party. You agree to be responsible for all activities under your account or logged equipment. You shall be obliged to notify TalkingData immediately and change password to ensure the safety and ordinary use of account if you lose or leak the account and password. TalkingData shall not be responsible for any loss, liability and right claim arising from unauthorized use of your password.2. Service content
TalkingData shall provide service as below for users in accordance with service norm (if any), service agreement executed then (if any) and this term it published: 2.1 Analysis service“Analysis service” refers to the data statistics and analysis service provided by TalkingData through its data analysis tool (no matter SDK, short chain, code tracing or any other means). Such service shall be provided in accordance with current function situation of data analysis tool and used in accordance with your requirements. Current analysis services include：
1) TalkingData Analytics
2) TalkingData Game Analytics
3) TalkingData Ad Tracking
During this service, you shall agree to use TalkingData analysis tools in your product (including but not limited to mobile app terminal, mobile website, app platform and other terminal acknowledged by TalkingData available to provide service) and obtain necessary agreement from user of your product to ensure TalkingData analysis tool has the right to collect original data of usage of your product. Meanwhile, you shall entitle us the non-exclusive, global, free, permanent, irrevocable, further licensing and using rights to these data. Subject to the above, TalkingData analysis tool will provide product analysis report online from various angles through our website to meet your requirements of monitoring, statistics, evaluation and improvement of the products.
Except for the special agreement between TalkingData and you, TalkingData reserves the right and enjoys the interest of ownership, use right and intellectual property to data report made by this analysis service. You have the right to use for purpose of this service only. 2.2 Industry report service
TalkingData will irregularly and publicly publish industry data statistics report or analysis result online and provide user with free industry data statistics report or analysis result in the form of data observatory or exclusively customize industry data statistics report or analysis result (hereinafter refer to as “industry report”) in accordance with user’s requirement. You could visit this website to browse industry report or buy the industry report you needed.
TalkingData enjoys legal copyright or corresponding authorization to industry report published by itself or customized for user. Please respect the right of TalkingData or original copyrighter when you browse or buy these industry report and use, and you may not use them for any commercial purpose without written authorization. Any illustrative reference or commercial use after authorization shall be marked with TalkingData and copyrighter as source. 2.3 TalkingData DMPTalkingData DMP constructs the data center for large scale of third party group and forming TalkingData TDID. You could match TDID through TalkingData DMP and buy the mark information of your specified data.
TDID is obtained through collecting large amount of mobile terminal data of audiences, anonymization and intelligent operation, and ultimately displayed in statistical analysis data, contains no personal privacy or identifiable data of any audience.
3. Service fee
TalkingData service is divided into free service and chargeable service. As to chargeable service and its charge manner, please see each product page’s introduction for details and the written agreement made between parties shall prevail. TalkingData reserves the right to change the charge manner and standard at any time, except for the service of which the price determined already by written agreement executed.4. Representations and warranties
During the use of this service, you represent and warrant to TalkingData that: 4.1 You have obtained fully necessary authorization to accept this term and perform the obligation hereof； 4.2 When you use TalkingData service or allow TalkingData to collect, store, process and use data obtained from your product terminal user or your other partner in accordance with this service term, no matter during the trial or formal service stage of TalkingData, you have obtained fully necessary authorization, consent and permit and will not conflict with any agreement or document executed between you and third party or infringe any right of third party’.If your product terminal user or partner revokes such authorization and permit, you shall take necessary technical measures to stop them using this service and notify TalkingData in written immediately. TalkingData will delete the data provided by your product terminal user or partner in the controllable range as practical as possible from the date of its receipt of the notice, except for the published product analysis report or industry report made by using such data. 4.3 You have complied and will comply with applicable laws, regulations and supervising requirements, including but not limited to policy relevant to personal information protection and privacy protection.
5. Limited use permit
During your use of TalkingData service, except otherwise provided, TalkingData hereby entitles you with a limited, non-transferable, non-subcontractable and revocable permit to use the software, platform or report provided by TalkingData and also included in service from TalkingData. Except for limitation forbidden by law or written permit from TalkingData, you may not:： (i) transfer, sell or lease the service or included software, platform or report of TalkingData or any part of it;；(ii) amend, compile or derive from software, platform and report;
(iii) spread or publicly present service or included software, platform or report of TalkingData；
(iv) reverse-engineer or try to obtain the source code of such software in other way;
(v) use for purpose other than those specified in this service term or mutual agreement in written. You hereby agree to authorize TalkingData to use your company name, trademark, service mark and/or business mark for commercial promotion on website, in commercial material and news report.
6. Copyright
All content included in or from TalkingData service, such as text, chart, mark, button icon, image, audio clip, digital download, data compilation and software are the property of TalkingData or its content provider and protected by Chinese and international copyright law. All software provided by TalkingData are property of TalkingData or its software provider and protected by Chinese and international copyright law. Meanwhile, TalkingData respects others’ intellectual property. If you think some usage of your product in relevant information violates your copyright, please notify us timely through the customer service telephone published on TalkingData and we will deal with it in accordance with copyright infringement complaint procedure provided by existing laws and regulations.7. Trademark right
Chart, mark, page header, button icon, text, service name included in or provided by this website are all trademark, registered trademark or trade dress of TalkingData. These trademarks or trade dress may not be used in any product or service unrelated to this website or its affiliates in any way which may cause customer’s confusion or defamation of TalkingData. Without written permit of TalkingData, no content on this website shall be interpreted as entitling permit or the right to use trademark appeared on this website impliedly or otherwise.8. Privacy and information collection
As a precondition for you to use TalkingData service, you agree that TalkingData has the right to collect, keep and anonymously use the data obtained through this service in an unidentifiable way in accordance with its privacy policy. The privacy policy of TalkingData please see [URL link] for details, which is important part of this service term.You agree to comply with laws and industry standard applicable in your residence for data collection and protection of product terminal user, and ensure that your usage of our service complies with provisions of such laws and industry standard. As user of TalkingData analysis service, you must formulate and publish your privacy policy which shall be accepted by your product terminal user. Such policy shall not be lower than privacy protection standard of TalkingData, especially: (i) notify that you have third party partner (namely TalkingData) and collect, store, process and use data of your product terminal through certain technical way, and explain its necessity;(ii) do not collect personal data information from juveniles, if you are app developer facing to juveniles, you shall ensure that the app is used under adult’s guardianship. We will use common and reasonable standard of the industry to protect the safety and confidentiality of the data we collected.
9. Amendment and termination of service
TalkingData is always changing and improving its service. TalkingData may add or delete certain service function, or suspend or terminate certain service. As to users for free, you may terminate using TalkingData service at any time and TalkingData may terminate the service to you at any time, or add or set new limitation to TalkingData service at any time. However, as to users for chargeable service, if TalkingData changes or terminates certain service, if possible, TalkingData will make reasonable prior notice to users and let them know and agree with such change, and allow user to copy and transfer its data left in TalkingData (if service terminates). If user violates the norm under this service term, TalkingData has the right to terminate its service to user at any time without prior notice.10. Limited liability
TTalkingData is responsible for providing service under status of “as-it-is” and “accessible”. However, TalkingData service does not undertake expressly or impliedly, including but not limited to the feasibility, no error or non-negligence, continuity, accuracy, reliability and applicable to certain purpose of TalkingData service. Meanwhile, TalkingData makes no commitment and guarantee on the validity, accuracy, correctness, reliability, quality, stableness, completeness and timeliness of the technology and information related to its service. TalkingData shall not be responsible for any delay, stagnation or mistake of information and data provided by this website caused by failure to visit this website due to network congestion, others’ deliberate damage, ordinary system maintenance and upgrading, or any force majeure event which may affect the ordinary operation of the internet, including government conduct, such as change of policy or regulation, disaster or war, suspension of communication line, hacker attack, computer virus, technology adjustment by telecom department, temporary suspension of website by government regulation . TalkingData shall not be liable for users’ failure in saving, amending, deleting or storing the data. TalkingData also shall not be responsible for its unintentional composing mistake, negligence on the website.11. Governing law
You agree that this service term and use condition as well as any dispute between you and TalkingData shall be governed by the laws of PRC.12. Dispute settlement
Dispute in any form between you and TalkingData shall be settled through amicable negotiation, if fails, either party has the right to submit the dispute to Beijing Arbitration Commission for arbitration in Beijing in accordance with its arbitration rules effective then.13. Amendment and severability of term
In order to improve our service better and well comply with relevant supervisory policy, we may amend the above term at any time. Please check this term regularly. We shall publish the amendment notice of these terms on the webpage and mark the lately amendment date. If you do not agree with our amendment, you shall stop using service from TalkingData immediately. If any provision of this term is deemed as abolished, invalid or unenforceable for any reason, such use condition shall be deemed as severable and shall not affect the validity and enforceability of the remaining term.14. Force
This service term is the general term for users to use the service of TalkingData, which will have legally binding effects upon users’ acceptance of the service, and is an important part of written agreement executed separately between the user and TalkingData. The written agreement shall prevail if there is any inconsistency between this term and written agreement.Privacy Policy
Beijing Tendcloud Tianxia Technology Co.,Ltd and its affiliates (hereinafter referred to as “us” or “Talkingdata” collectively), as a company focusing on internet comprehensive data service, pays much attention to protection of personal information and privacy in data service all the time. Please read privacy policy below carefully to learn how we collect and use information from or about you and your terminal users.
Attention please, visiting Talkingdata website or using our service means you have read, learnt and agreed to accept this privacy policy. This policy is effective during the whole process of usage of the website and its service, if you do not agree with this policy, you shall stop using Talkingdata website immediately and various services described in details as below.
I. Collect and use information：
1、 Visit and browse Talkingdata website
When you visit our website, like most website, we will- Use cookie technique to store conversation/selection information in your computer;
- Use clear gif/ Web Beacons/Web Bugs software technique to tell us which content is valid;
- Automatically collect certain information and store in log file. These information includes: Internet protocol (IP) address, browser type, Internet service provider (ISP), reference / exit page, OS, date/time stamp, click-data stream and so on.
We use this information for:
- Improve your website experience and service quality;
- Help us manage website content efficiently;
- Analyze group users’ on-site activities and social information of the whole users group.
2、 Talkingdata service overview for usage
1） When you register Talkingdata service，we will request your personal information, including name, company name, E-mail address, password, contact number and QQ number to create new account. When you contact us afterward and use Talkingdata service persistently, we may request more contact information from you, including:- Postal address, telephone number, duty and position;
- Your company information, such as company name and business type;
- Your product information, such as mobile application name, content, type and certain character; promotion channel and others.
We may use this information for:
- Send you registration confirmation;
- Learn and manage account;
- Respond your service requirement of clients;
- Learn your company’s requirements and requirements of products, so as to determine applicationlicable product and service;
- Contact you for marketing and promotion purpose, and provide you with more information about our product;
- Research and analyze, improve quality of our website and service; 2） You can contact us with our E-mail left on the website. You may provide personal information when you contact us by E-mail, and we will use these information to respond your question and service requirement, and so as to upgrade our website and service.
3、 Details for Talkingdata service
1） Talkingdata analysis serviceTalkingdata provides data statistics analysis service for mobile application through your integration of Talkingdata data SDK and API in application. Your application will collect and transfer relevant data of your terminal users through technical means, and our service will help analyze these data to learn the performance and user’s usage situation of your application on different terminal equipment, platform or application distribution channel. Your terminal users’ data usually include but not limited to, SDK or API version, platform, time stamp, application mark, application version, application distribution channel, iOS IDFV, iOS IDFA, Android advertiser mark, MAC address, IMEI, equipment model, terminal manufacturer, terminal equipment OS version, conversion start/end time, language residence, mobile network/country code, time zone and network situation (WiFi and so on), hardware, CPU and battery usage situation and so on. In accordance with your mobile application type and your requirement on statistical analysis, your terminal users’ data also potentially include: user’s gender, age, location, equipment information, OS, operator, promotion channel, trigger event, mistake report and page view and so on. For the purpose of analysis service, Talkingdata analysis service will send above data to Talkingdata server through your application, and display in convergent data and analysis report. You could check relevant statistics and analysis result through logging in account on our website. 2） Industry report service
We will build Talkingdata database based on data collected by analysis service and by other legal means, and make analysis report about application’s performance evaluation or behavior pattern (hereinafter referred to as “industry report”) in publisher, industry, certain area and market. Industry report will be displayed in unidentified convergent way, including those published by Talkingdata itself and those customized in accordance with your requirement. Under special situation, we also make evaluation result about application of certain type or kind in accordance with Talkingdata’s statistic model. Such evaluation result may present certain coincidence with your application because of data acquired from your application, however, these evaluation result are made by our statistic model for the purpose of evaluation which is convergent and anonymous. 3） Talkingdata DMP
We will build Talkingdata database based on data collected by analysis service and by other legal means, and form Talkingdata’s TDID through converging, washing, calculating, and so as to build huge third party group data center. Such center will divide mobile terminal users into different groups by character and hobby, and provide group mark information for all practitioners by open interface, in order to optimize launch and improve marketing effect. Users could match TDID through Talkingdata DMP and buy the corresponding mark information. These mark information are obtained through collecting large amount of mobile application users’ data, anonymization and intelligent operation, and ultimately displayed in statistical analysis data, contains no personal privacy or identifiable data.
II. Authorization and consent to end users’ data
You clearly know that, you need us to collect, store and process personal information from terminal user of your application, for the purpose of our data statistics and analysis. Therefore, you must undertake: 1） You have obtained fully necessary authorization, consent and permit from terminal users, for the purpose of our performance of service; 2） You have obtained fully necessary authorization, consent and permit from terminal users for us to anonymously and convergently process and transfer (including possible international transfer) the data we collected; You have complied and will comply with applicable laws, regulations and supervisory requirement, including but not limited to formulate and publish policy relevant to personal information protection and privacy protection. You shall be liable for the comprehensive settlement and compensation to us for our possible loss in any kind, if you violate the commitment above and thus causing your terminal user’s claim or right request against us in any kind, or causing us to be involved in legal or administrative procedure.III. Update and store information
We will keep the update channel on your account log page for you to check, update or correct the personal information you left.We will store, process and use the data sent to server from your product terminal for the aim of service, and delete them within reasonable term after the aim is achieved.
Notwithstanding the above provisions, we may keep certain data for reasonable term within the limit allowed by law for dispute settlement, users’ agreement performance and compliance with technical requirements related to safe operation.< /font>
IV. Security measures for data
No transfer means or digital storage means on the Internet is 100% safe. Although we have made reasonable efforts, there is still risk of loss to your and your user’s person, property and reputation caused by theft, illegal possession or abuse. You have learnt risk above and would like to undertake it.We will comply with general and reasonable standard of industry to protect the safety and confidentiality of information we stored. Including but not limited to: firewall and data backup measure; limited access to data center; confidential agreement with employee and security management system; hash processing to identification information of mobile terminal, such as IMEI number and MAC address.
IX. Protection for juveniles information
We have mentioned in precondition of the service that we refuse juveniles to register as our users. We will not collect and use juveniles’ data if we knew.If your application is designed and developed for juveniles, please ensure that the terminal user’s registration and usage of application is conducted by guardian of juveniles.
V. Disclose and share information
Except for situation provided hereof, your data will not be disclosed and shared to third party in an identified way. However, situations below are exceptions: 1、 Obtaining your prior consent;2、 Required by judicial, administrative or other legal procedure;
3、 Required by our third party provider, consult or other service provider to perform the work for us, who has executed necessary term with us to protect safety and confidentiality of data.
4、 Under emergency, to protect the safety and legal rights and interests of us, our agents, clients, terminal users or others, after reasonable judgment.
5、 We are conducting or contemplate to conduct material changes such as mergers and acquisitions, reconstruction, sale of all or part of the share and/or asset, including but not limited to due diligence process. However, we may share anonymous or convergent information with third party in the way which could not identify you or your users directly.
VI. International transfer issue
During the process of service provision, we may transfer the data obtained from you or your product terminal users to our affiliated entity or other third party outside your jurisdiction. If you or your product terminal user is outside jurisdiction of PRC, or when you and your product terminal user is in jurisdiction of PRC while we need to transfer it to the place outside of jurisdiction of PRC, you shall consent or obtain consent from terminal user for this international transfer.We highly advise you to consult local professionals to ensure this transfer complying with local data-protection requirement. Especially, when the international transfer involves EU and USA area, please pay attention to the legal regulation for personal information data protection of these countries and areas.
