PRIVACY POLICY

Last modified: 2024.7.3 (Archived versions)

INTRODUCTION

This Privacy Policy contains important information as it sets out how Wegital HK Limited (hereinafter referred to as “we” or “us”) process personal data of visitors of Lark Player (hereinafter referred to as the “App”), including employees of customers and suppliers and other third parties (“hereinafter referred to as “you”). We attach great importance to the protection of your privacy and personal data. This Privacy Policy explains to you how we collect, use, store, share, transfer or otherwise process your personal data, or in the case of business users any individuals acting on your behalf.

We may, from time-to-time, revise or add specific instructions, policies, and terms to this Privacy Policy. Whenever we make any changes to this Privacy Policy that are important for you to know about, we will notify you by email or text message or other means.

Please read this Privacy Policy carefully.

If you have any questions about this Privacy Policy, please contact us at [larkplayer@larkplayer.com].

COLLECTION AND USE OF YOUR PERSONAL DATA

1. What Personal Data We Collect from You

We collect personal data from you when you use the App, such as:

Services Usage Data. We will collect your personal data when you are accessing or using the Lark Player services, such as playlists information, including playlists you create, liked songs, most played, recently played, play queue; playing data, including playing length of music/videos; playing history, including video playing history, search records, and hide setting records.

Contact Information. We will collect your contact information, your feedback or your request when you contact us for customer service.

Device Information. We will collect information about the device you use, such as your device name, device type, model name and model version, operating system, system language, region, carrier information, Wi-Fi status/parameters, App version, App ID, network connection type, User ID, Android ID.

Technical Data. We will collect data when you use the built-in H5 pages/Flash of third parties, such as the third-party website link you shared with other social media Apps.

Subscription Information. We will collect [information] when you subscribe to our VIP services.

For Android users, we may also apply for permissions when you use the App, such as:

Write External Storage. We will apply for the write external storage permission every time you begin to use the App.

Read External Storage. We will apply for the read external storage permission every time you begin to use the App.

Aggregated Personal Data refers to data that has been carefully de-identified and anonymized to ensure that it cannot be linked back to any specific individual. We may aggregate personal data or collect aggregated data from our users, which is essential for enhancing the functionality and performance of our services. This enables us to analyse user behaviours, improve our product's features, develop new products and services, conduct research, and other similar purposes. We use this information to gain insights into overall usage patterns and trends, helping us make data-driven decisions to enhance the user experience. In some cases, we may also choose to share or publish this aggregated information.

In addition, from time to time, we may share or publish aggregated information, like general user statistics, with third parties. We collect this information through the services. We will maintain and use de-identified information in anonymous or de-identified form, and we will not attempt to re-identify the information, unless required by law.

We are committed to adhering to relevant privacy and data protection regulations and our Privacy Policy in all our data aggregation activities. If you have any questions or concerns regarding data aggregation, please read our full Privacy Policy for more details on how we handle and safeguard your information. Your privacy and security are our top priorities.

It may be that providing certain personal data to us is a statutory or contractual requirement, a requirement necessary to enter into a contract, or that you are otherwise obliged to provide the data to us. If that is the case, we will inform you thereof separately, and will also explain the possible consequences if you fail to provide such personal data to us. In all other cases, provision of the requested personal data is optional, but it may affect your ability to use certain services or to participate in certain programs or systems, where the information is needed for those purposes.

2. Why Do We Collect and Use Your Personal Data

We collect and use your personal data for the following reasons/purposes and based on the following legal grounds:

• On the basis of your consent.

• Provide the Services and Functions. We will ask for your storage permission to get access to files stored in your devices, which enables you to play music or videos at your choice with the App.
• On other occasions where we ask you for consent. We will use the data for the purpose which we explain at that time, for example, for link sharing. We use information to enable you to share third-party link with other social media Apps.

• On the basis of provision of App services to you, in particular:

• Provide the Services and Functions. We use your personal data to provide the Lark Player services in accordance with our contract with you. For example, we use your usage data to provide you with the music/video playing functions; we use your subscription information and Google user data to give you ad-free access to the App.
• Maintain and Improve the Services. We use your device information to maintain the operation of the basic functions and to optimise the performance of the App according to the terminal and network status of your device, which will enable us to improve your using experience with the App.
• Customer Service/Complaint. We will use your information to provide you with customer services, including responding to your request or complaints as soon as possible if there is a need.
• We will use data in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with any legal and regulatory process or litigation); and we will notify you about changes to our services, where applicable.

• As may be necessary for compliance with a legal obligation that is applicable to us, such as:

• in response to requests by government or law enforcement authorities conducting an investigation, or to comply with the requirements imposed by applicable law or any court order.

• Other circumstances which benefit the users and Lark Player, and do not violate any applicable laws and regulations or other purposes with your consent.

SHARING PERSONAL DATA

Other than as consented by you, we commit that we will not share or sell your personal data to any third party. We may share your personal data with the following third parties:

Depending on where you are and which product you asked for, we may share your personal data with our affiliates so that we can respond to your request and provide our services or for general purposes. You can obtain the identity and contact details of our affiliates with whom we share your personal data by contacting us using the details set out below in the “CONTACT US” section.

You can manage the sharing of your data and withdraw your consent for the sharing here.

Except for the following reasons, we will not disclose or transfer your personal data to any non-affiliated third parties:

(1) Legal Reasons

We will share personal data if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to meet any applicable law, regulation, legal process/procedure, lawsuit or enforceable governmental request.

(2) External Processing

To provide you with a better experience through improving the App or otherwise where you have consented, we may share the personal data with third-party service providers (in particular, site hosting, backend service provider, analytics service providers), contractors and agents, and use it consistent with this Privacy Policy.

(3) Business Transfers

If we are involved in a reorganization, merger, acquisition, sales of assets or liquidation, we will continue to ensure the confidentiality of your personal data and give affected users notice personal data is transferred or become subject to a different Privacy Policy in advance.

EXPORTING/DOWNLOAD, REMOVING, OR DELETING YOUR PERSONAL DATA

You can access your personal data you provided to us and request to export/download a copy thereof if you want to back it up or use it with a service outside of the App by following the process described here. We will help you export the personal data based on applicable law and your specific request. You can also remove or delete personal data you provided at any time by following the process described here. In some cases, we retain data for limited periods when it needs to be kept for legitimate business or legal purposes or to be protected from accidental or malicious deletion, there may be delays between when you delete something and when copies are deleted from our active and backup systems.

PROTECTING YOUR PERSONAL DATA

Security Measures

We use a variety of organizational and technical security measures, including encryption and access control, to protect your personal data. We use secure servers when you place orders.

Data Transfers

We may maintain servers around the world and your personal data may be processed on servers located outside of the country where you live. Regardless of where your personal data is processed, we apply the same protections described in this policy. We will also keep this Privacy Policy in compliance with significant legal frameworks relating to the transfer of data. If we receive your complaints about data transfers, we will cooperate with appropriate regulatory authorities when we cannot directly resolve it. Some of our recipients of your personal data are located in countries that may not – by law – provide the same level of data protection as you are used to in certain countries. If that is the case, we will ensure that adequate safeguards are in place to duly protect your personal data and we guarantee that we are able to and have mechanisms in place to respect the level of data protection required by EU data protection laws and that we shall refrain from processing personal data in the event of a breach of the concluded safeguarding measures or if we (or our recipients) are no longer able to honor them.

For transfers of personal data from EEA to a third country:

• In situations where we transfer your personal data to countries outside of the EEA to an organisation in a country which is not subject to an adequacy decision by the EU Commission or considered adequate as determined by applicable data protection laws, we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the applicable laws by using the European Commission approved Standard Contractual Clauses, a vendor's Processor Binding Corporate Rules or by relying on such other data transfer mechanisms as available under applicable data protection laws, and where necessary, by implementing further organisational,contractual and technical supplement measures in order to ensure the effectiveness of the transfer mechanisms.
• When we transfer your personal data from EEA to other entities in China, we use the European Commission approved Standard Contractual Clauses and implement further organisational, contractual and technical supplement measures. A copy of the relevant mechanism can be obtained for your review on request by contacting us at [larkplayer@larkplayer.com].

CHILDREN’S POLICY

We do not knowingly collect or solicit personal data from children under 16. If you are a minor under the age of 16, you must obtain prior written consent from your parents or legal guardian before using our services. If we are aware that a child under 16 has provided us with personal data without prior consent, please visit here to delete such information from our files.

APPLICATION

This Privacy Policy applies to all the services we provided in connection with the App.

This Privacy Policy does not apply to products and services that have separate privacy policies that do not incorporate this Privacy Policy.

To better enrich your experience, there may be products or services provided by third parties (including our affiliates). You can choose whether to access such content or links, or whether to use the third party’s products or services. However, we do not have control over the products or services provided by third parties. We cannot control any of your personal data held by third parties. The information protection issues in connection with your use of any third-party products or services are not governed by this Privacy Policy. This Privacy Policy does not apply to any information you choose to provide to third parties.

If provisions from this Privacy Policy conflict with the law, they will be replaced by provisions of the same purport that reflect the original intention of the provision, all this to the extent legally permissible. In that case, the remaining provisions remain applicable unchanged.

YOUR RIGHTS RELATING TO YOUR PERSONAL DATA

You are entitled to the following rights:

1. right of access to your personal data;
2. right to data portability (i.e., you have the right to receive your personal data in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller);
3. right to correction if your personal data is not complete or accurate;
4. right to deletion or restriction of your personal data, as permitted by law;
5. right to object (i.e., objecting to our processing of your personal data) (i.e., in case we process your data for direct marketing purposes), as permitted by law;
6. right to withdraw your consent where we have asked for your consent at any time with future effect and without affecting the lawfulness of processing of your personal data based on the consent you provided before you withdrew it;
7. right to limit processing and to have a processing operation suspended until a verification can take place;
8. right to lodge a complaint with a supervisory authority in your country.

The exercise of the abovementioned rights is free of charge and can be carried out by e-mail via the contact details displayed below. If requests are manifestly unfounded or excessive, in particular because of the repetitive character, we will either charge you a reasonable fee or refuse to comply with the request. We may request specific information from you to help us confirm your identity before we comply with a request from you concerning one of your rights.

We will provide you with information about the follow-up to the request without undue delay and in principle within one month of receipt of the request. Depending on the complexity of the request and on the number of requests, this period can be extended by another two months. We will notify you of such an extension within one month of receipt of the request. The applicable privacy legislation may allow or require us to refuse your request. If we cannot comply with your request, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

These rights are not absolute, they may be limited in some situations. For example, where we can demonstrate that we have a legal requirement to process your data or if making the information available to you would reveal personal data about another person or if we are legally prevented from disclosing such information. In some instances, this may mean that we are able to retain data even if you withdraw your consent.

We hope that we can satisfy any queries you may have about the way we process your data. In the event you still have unresolved concerns, you also have the right to lodge a complaint with a supervisory authority, in particular to the data protection authority in the country of your habitual residence or place of work.

MARKETING

If we are legally required to do so, we will seek your prior consent before providing you with promotional materials or information. You may withdraw your consent at any time (this will not affect the processing of your personal information undertaken until the withdrawal). If you want to stop receiving promotional materials, etc., you can do so at any time by communicating with us.

DATA RETENTION

We will retain your personal data for as long as is necessary to carry out the purposes set out herein. We will also retain your personal data deemed necessary to comply with legal obligations, settle disputes, and enforce agreements.

In principle, we do not store your personal data any longer than strictly necessary for the purposes for which we process your personal data.

Where applicable, we will delete your personal data upon your request. We are entitled at all times to delete your personal data without notice. In such a case, we owe no compensation to you as a result of deletion of the personal data.

If you wish to obtain further information about the retention periods as applied to your personal data, you may contact us at [larkplayer@larkplayer.com].

CONTACT US

The data controller for your personal data will be Wegital HK Limited.

If you have questions about this privacy notice or wish to contact us for any reason in relation to our personal data processing, please contact us at [larkplayer@larkplayer.com].