You are welcome to use the BESTSHARE Platform services provided by BESTSHARE INTERNET MEDIA LIMITED and its affiliates (hereinafter referred to as the "BESTSHARE" or "we" ).Please carefully read and comply with BESTSHARE Platform User Service Agreement (hereinafter referred to as the "Agreement"). Before accepting this Agreement, please be sure to read the entire contents of this Agreement carefully, especially the terms of exemption or limitation of liability and the terms of choice of court of jurisdiction, etc. Limitations and disclaimers may be indicated in bold form for your attention. Whether or not you actually read this Agreement, you click to confirm this Agreement through the web page or actually use the platform services, it means that you and the platform have reached an agreement on this agreement and agree to accept all the provisions of this Agreement. If you do not agree with any content of this Agreement, or do not accurately understand the platform's interpretation of the terms, please do not agree to this Agreement or use the services under this Agreement. Otherwise, you have accepted the terms and conditions described below and agree to be bound by this Agreement. This Agreement is signed by the Platform and you.
In addition to this Agreement, other rules and policies published by the Platform shall be governed by the corresponding rules and policies, and matters not mentioned in the corresponding rules and policies shall be governed by this Agreement.
Our website is limited to entities and service objects that are legally registered and effectively existing in accordance with the laws of the place of residence and have the ability to perform the obligations under this Agreement. If you do not qualify, do not continue to use the services provided by us, and we have the right to terminate the Services provided to you at any time.
Article 1 Service content and definition
1.1 Platform: It is provided by BESTSHARE INTERNET MEDIA LIMITED, which provides a platform of integrated communication capability for partners engaged in telecommunications business related services. (https://www.bestsharemedia.com/)
1.2 You or the User: a natural person, legal person or other organization legally registered and effectively existing in accordance with the laws of the place of residence and capable of performing its obligations under this Agreement.
1.3 Your Users: direct or end users of your products and/or services.
1.4 Platform service: The general term of data operation, analysis, statistics, technical support and other services developed and operated by the platform and provided by the Internet as the carrier.
1.5 Platform Account: means the Platform account used to receive the Platform services after logging in through the Platform account applied for registration in your own name.
1.6 Service Content of the Platform: provided to you by the platform according to the actual situation, we reserve the right to modify these terms at any time, and will publish the revised text on this page after modification, so please check this page frequently. If you continue to use our services, you will be deemed to accept our modifications to these Terms.
Article 2 Your Rights and Obligations
2.1 Registration and use
2.1.1 You acknowledge that at the time you complete the registration procedure or actually use the Services in a manner permitted by other platforms, you shall be a legal person or other organization with full capacity for civil rights and capacity appropriate to the civil acts you are engaged in. If you do not have the above-mentioned qualifications, do not use the Service, and the Platform has the right to cancel (permanently freeze) your account. If you register on behalf of a company or other legal entity or actually use the Service in a manner permitted by another platform, you represent and warrant that you have the right to bind that company or such legal entity to the terms of this Agreement.
2.1.2 You shall submit registration information according to the requirements of the platform, and ensure that the registration information submitted is true and effective. When your relevant registration information changes, you shall modify the relevant registration information within 1 working day after the change. Because you submit false registration information, submit information is inaccurate or not updated in time, the Platform has the right to stop your service, resulting in any loss or liability is borne by you.
2.1.3 You undertake to abide by the account rules of the Platform. You shall not contain illegal or undesirable information in the name, logo and profile of the registered account you use or display externally, impersonate others, register for others without permission, or register an account in a way that may cause other users to misidentify you. Do not use a user name that may infringe on the rights and interests of others (including but not limited to suspected infringement of trademark rights, reputation rights, etc.), otherwise the Platform has the right to refuse registration or stop the service and withdraw the account, and the losses arising therefrom shall be borne by you.
2.1.4 You understand and agree that the ownership of the registered account belongs to the Platform, and after registration, you only get the right to use the account. The right to use the account belongs only to the initial applicant and shall not be transferred or provided to others in any way, otherwise, the Platform has the right to immediately withdraw the account without notice, and you shall bear the loss of all data, information, etc. resulting from your use of the Service.
2.1.5 After you successfully register, the Platform will confirm your identity according to your account number and password. You should keep your terminal and account and password safe, and take full responsibility for all activities that occur with this account and password. You undertake to notify the Platform immediately of any unauthorized use of your password or account or any other security issue, and you agree and acknowledge that the Platform shall not be liable for any loss or damage, directly or indirectly, arising from such circumstances. Unless there is a legal requirement or judicial ruling, and with the consent of the Platform, your account and password may not be transferred, donated or inherited in any way (except for the property rights related to the account).
2.1.6 You understand and agree that if you do not log in for more than 12 consecutive months after registering an account, the Platform has the right to recall the account for the purpose of website optimization services or management, and the relevant problems and responsibilities shall be borne by you.
2.1.7 After the Platform recovers or cancels the account in accordance with this Agreement, it shall have the right to handle the contents and information related to the account by itself, including but not limited to deletion, and shall not bear any responsibility to the User.
2.2 Account Security
2.2.1 Because your platform account is associated with your personal information, business information and Platform business information, your Platform account is only for your own use. Without the consent of the Platform, your direct or indirect authorization of a third party to use your platform account or obtain information under your account is invalid. If the Platform determines that the use of your Platform account may endanger the security of your account or the security of the Platform information according to the breach determination procedures and standards stipulated in the Rules of the Platform, the Platform may refuse to provide relevant services or terminate this Agreement.
2.2.2 You are solely responsible for maintaining the confidentiality of your Platform account and password, and are responsible for all activities that occur under your login and password (including but not limited to information disclosure, Posting of information, online consent or submission of various rules and agreements or Posting of messages, etc.). You need to make sure that you exit the website in the correct steps at the end of each session. The Company cannot and will not be liable for any loss or damage to data or property arising from your failure to comply with this Section.
2.2.3 If you find that others have stolen your account and password, or any other situation without your legal authorization, you shall immediately notify the Platform in an effective manner and provide necessary information (such as customer information, information description, supporting materials and appeals, etc., so that the Platform can verify identity and events). After receiving your effective notice and verifying your identity, the Platform will handle it in accordance with laws, regulations and service rules. You shall bear the relevant responsibility and consequences arising from the processing of the Platform in accordance with this Article.
2.2.4 If the information you provide is defective, the Platform cannot verify your identity or judge your needs, etc., and the Platform fails to deal with it in a timely manner, you shall bear all the losses caused to you. At the same time, you understand that it takes a reasonable period for the Platform to process your request, and the Platform shall not be liable for any loss that you have incurred before the Platform takes such action or for any loss that is not attributable to the Platform after the Platform takes such action.
2.2.5 You understand and agree that the Platform has the right to know the real background and purpose of your use of the products and services of the Website, and has the right to require you to truthfully provide true, comprehensive and accurate information; If the Platform has reasonable grounds to suspect that the information you provide is untrue, that you engage in false transactions, or that your conduct violates the Platform's Website rules, the Platform has the right to temporarily or permanently restrict some or all features of all products and/or services used under your account.
2.2.6 You understand and agree that, based on the needs of operation and transaction security, the Platform has the right to temporarily stop or restrict part or all of the fund payment functions under your account, and the Platform will notify you by email, in-site letter, short message or phone call, etc. You should pay attention to it in time and conduct subsequent operations such as complaints in accordance with the procedures.
2.2.7 You shall take necessary and effective security protection measures for the computer information system and equipment you use. If your rights and interests are damaged due to your failure to take such measures, you shall be solely responsible.
2.2.8 In order to provide you with effective services, data traffic fees may be incurred during the use of the Platform, and users shall learn the relevant tariff information from the operator and bear the relevant expenses.
2.3 Account Cancellation
2.3.1 If you violate the provisions of national and local laws and regulations or violate the Terms of Service, the Platform has the right to suspend or terminate part or all of the services provided to you until you cancel the Platform account.
2.3.2 Logout of the Login Name
(1) You understand and agree that if you have not logged in to the Website for 12 consecutive months and there is no service under your account that has not expired, the Platform has the right to cancel your login name, and you will no longer be able to use the cancelled login name to log in to the Platform.
(2) You agree and authorize the Platform that, if you commit fraud, publish or sell fake or inferior commodities, infringe upon the legitimate rights and interests of others or seriously violate the rules of the Platform on the Website of the Platform, the website has the right to disclose such behavior within the scope of the Website of the Platform, and your login name may be cancelled, after which you can no longer log in to the Website of the Platform and the service of the Website of the Platform will be terminated.
2.3.3 You guarantee that you will not take any actions that affect, damage or may affect or damage the legitimate rights and interests of the Platform and the websites of affiliated companies of the Platform; Acts or ways that affect or damage the legitimate rights and interests of the platform website include but are not limited to:
(1) violate any service agreement/terms, management standards, trading rules and other standards published by the Platform;
(2) disrupt or attempt to disrupt the fair trading environment or normal trading order of the Platform;
(3) any use that contains the platform name, logo, brand, or anything misleading to others, or any use of any Chinese or English (full name or short for), number, domain name, etc. intended to represent or map in some way with the Platform;
(4) Other circumstances that the Platform, in its reasonable judgment, believes may be of the same nature or generate similar risks as above.
2.3.4 If you commit any act under 3.3.3 or any other act in violation of laws, administrative regulations and relevant rules of the Platform, you accept and acknowledge that the Platform has the right to terminate the service provided to you when you violate the above agreement, that is, you will no longer be able to log in to the website of the Platform and all the services of the Website of the Platform will be terminated at the same time.
2.4 Usage Specifications
2.4.1 You shall be legally responsible for your own behavior in using the Platform services and the rights and obligations between you and your customers, and you shall carry out the operation activities of the application in accordance with the law and independently bear the corresponding legal responsibilities. You agree to indemnify and hold harmless the Platform and its affiliates and partners from any claim, demand or loss of any third party arising out of or arising out of your breach of this Agreement or the relevant Terms of Service.
2.4.2 The Platform may unilaterally adjust and revise the Platform rules at any time according to its own operational arrangements or laws and regulations.
(1) The Platform has the right to notify you of the Rules of the Platform by itself or through one or more means such as telephone, short message, email, self-service system, in-site message, website announcement, etc. You shall promptly review the relevant content.
(2) The adjusted and revised Platform rules shall take effect from the effective date specified in the notice, and you shall comply with them. After the rules of the platform are adjusted, it may cause changes in access standards and promotion standards, etc., and you shall not ask the Platform to provide services for you on the grounds of the old standards.
(3) If you do not agree to the above adjustment or amendment, you shall immediately stop using the services provided by the Platform and notify the Platform in writing to terminate this Agreement. If you continue to use the Platform Services in any way, you shall be deemed to have accepted and accepted the rules of the relevant platform.
2.4.3 You fully understand and agree that you are responsible for all actions under the account, including any content posted by you and any consequences arising therefrom. You shall exercise your own judgment on the content of the Service and assume all risks arising from your use of the Content, including those arising from reliance on the correctness, completeness or usefulness of the Content. The Company cannot and will not be liable for any loss or damage arising from such risks.
2.4.4 You understand and agree that the Platform has always been committed to providing users with a civilized, healthy, standardized and orderly network environment, and you shall not use the Platform and the Service to create, upload, copy, publish, transmit, disseminate or reprint any content that may interfere with the normal operation of the Service, or violate the legitimate rights and interests of other entities, or violate national laws and regulations. Including but not limited to:
(1) opposed to the fundamental principles established in the Constitution;
(2) endangering state security, divulging state secrets, subverting state power or undermining national unity;
(3) harming the honor and interests of the State;
(4) distorting, vilifying, blaspheming or negating the deeds and spirit of heroes and martyrs, and infringing upon the names, images, reputations and honors of heroes and martyrs by insulting, defaming or other means;
(5) advocating terrorism or extremism or inciting to commit terrorist or extremist activities;
(6) inciting ethnic hatred or discrimination and undermining national unity;
(7) sabotages the state's religious policies and propagates cults and feudal superstitions;
(8) spreading rumors, disturbing social order or undermining social stability;
(9) disseminating obscenity, pornography, gambling, violence, terror or inciting crimes;
(10) insulting or defaming others, infringing upon the reputation, privacy or other lawful rights and interests of others;
(11) violating the requirements of the "seven bottom lines" of laws and regulations, the bottom line of the socialist system, the bottom line of national interests, the bottom line of citizens' legitimate rights and interests, the bottom line of social and public order, the bottom line of moral style and the bottom line of information authenticity;
(12) Other contents that are prohibited by laws and administrative regulations or have adverse effects on the network ecology.
(13) In the course of providing the services to you, the Platform has the right to transfer to the competent departments of public security, finance, telecommunications, network and information in accordance with relevant regulations of the State, any criminal clues or risk information, such as fraud, impostor, etc. found by the Platform.
You are required to ensure that you are a legal person or other organization that is legally registered and effectively existing under the laws of your place of residence and that is capable of fulfilling its obligations under this Agreement.
2.4.5 When you register an account or use the Service, if it is found that your account may be involved in fraud, false registration and other abnormal circumstances or risks, the Platform has the right to re-check your account, and according to the risk situation, take a time limit to correct, restrict functions, suspend the use of the account, close the account, prohibit re-registration and other disposal measures stipulated in this Agreement.
2.4.6 You understand and agree that the Platform will use its commercially reasonable efforts to ensure the security of your data storage on the Platform and the Services, but the Platform cannot provide complete guarantee in this regard, including but not limited to the following circumstances:
(1) The Platform is not responsible for the failure to delete or store your relevant data on the Platform and the Service;
(2) The Platform has the right to determine the maximum storage period of data of a single user in the Software and Services according to the actual situation, and allocate the maximum storage space for such data on the server.
(3) If you stop using the Platform and Services or the Services are terminated or cancelled, the Platform may permanently delete your data from the server. After the Service is stopped, terminated or cancelled, the Platform is not obliged to return any data to you.
(4) When you register an account or use the Service, if you find that your account may have any abnormal circumstances or risks such as fraud or false registration, the Platform has the right to re-verify your account, and may take corrective measures within a time limit, restrict functions, suspend use, close the account, prohibit re-registration and other disposal measures stipulated herein according to the risk situation.
(5) In the course of providing the services to you, the Platform has the right to transfer to the competent departments of public security, finance, telecommunications, network and information in accordance with relevant regulations of the State, any criminal clues or risk information, such as fraud, impostor, etc. found by the Platform.
You promise that your end users are aware of our collection, use and disclosure of their personal information in accordance with this Agreement and the Privacy Policy. If your end user makes a personal information subject request related to the platform to you, you need to first verify the identity of the personal information subject and the legitimate authenticity of the request, and contact the platform in a timely manner after deciding to respond to the request. After the platform verifies your identity and the true legality of the request, we will actively cooperate, respond to the relevant requests of the personal information subject and reply to you in a timely manner. For claims or complaints caused by your unilateral failure to fulfill the relevant obligations of the personal data subject request, you need to assume full and sole responsibility for the handling of complaints or claims and the settlement of disputes, and compensate us for all losses that may be suffered as a result.
2.5 Third-party products or services
2.5.1 If you obtain or use any products or services provided by third parties through the Platform (including but not limited to products or services provided by third parties such as service providers in the Platform service market), you shall assess whether the products or services meet your requirements.
2.5.2 The opening of third-party products or services may require you to sign a separate agreement with the third party, which may be displayed in the form of electronic documents or independent paper documents. You can decide whether to accept the agreement and use the products or services according to your own situation.
2.5.3 Any dispute arising from your use of third-party products or services shall be resolved by you and the third party, and the financial compensation involved shall be borne by you.
Article 3 Platform rights and obligations
3.1 If the platform needs to suspend services or require your cooperation due to network or system maintenance or upgrade, inform you in advance as far as possible;
3.2 The platform provides you with functional services that can realize statistical inquiry, billing, SMS sending status, call status, etc.
3.3 The Platform has the right to modify, upgrade and other operations on the Platform, and to formulate and modify the Platform and service specifications. Once the specifications are posted on the website of the Platform and its affiliates, they form part of this Agreement and you shall comply with them; otherwise, you shall stop using the Service and this Agreement shall terminate automatically.
3.4 The Platform has the right to inspect and supervise your Service in order to prevent, detect and investigate fraud, security hazards, illegal or violations of agreements, policies or rules with you or its affiliates. The Platform has the right to suspend or terminate the Service to you based on complaints from end users or third parties and the Platform's supervision and inspection of your Service, at its sole discretion, whether you and your customers use the Service to engage in improper activities.
3.5 The Platform has the right to change part or all of the service functions when necessary. If the change of functions may cause the interruption or termination of daily services, the Platform shall notify you and complete the repair of basic functions as soon as possible. You may choose to continue to use the adjusted Service features or terminate your use of the Platform Services.
3.6 The Platform has the right to adjust its service standards according to the adjustment of laws and regulations, orders of administrative law enforcement agencies and changes in social ethics.
3.7 To the maximum extent permitted by applicable laws, the Platform has the right to analyze the entire Platform user database and use the user database for other purposes, including but not limited to user behavior analysis of user data and a series of user data mining and in-depth data analysis.
3.8 The Platform has the right to change part or all of the service functions when necessary. If the change of functions may cause interruption or termination of daily services, the Platform shall notify you one month in advance of the change and complete the repair of basic functions as soon as possible. You may choose to continue to use the adjusted Service features or terminate your use of the Platform Services.
3.9 Your application and the business you are engaged in shall not constitute any actual or potential damage or conflict to the interests of the Platform and its affiliates, otherwise the Platform has the right to immediately notify you and terminate all services provided by the Platform to users without bearing any legal liability and cost compensation, and the Platform reserves the right to hold you accountable.
3.10 Paid service
3.10.1 The Platform will provide users with paid services related to the Service according to business needs. The specific charging standard shall be displayed on the platform product page or the written agreement signed by both parties. If you choose to receive the service, a fee will be required; If you refuse to pay the fee, the platform has the right to stop providing services to you and take necessary measures to pursue your legal responsibility.
3.10.2 The specific content of the Service you enjoy may vary due to the specific service category you choose and other factors, and the specific content published and actually provided on the relevant service page shall prevail.
3.10.3 You understand and agree that the Platform has the right to make adjustments to the Service, which may affect the rights and interests you have enjoyed or are enjoying, and you agree to use the adjusted content without requiring the Platform to bear any responsibility.
Article 4 Privacy Policy
4.1 Types of user information collected and used
4.1.1 When users use the Platform and services, we will collect and use the information proactively provided by users in the process of using the Platform and services and generated by users' use of the Platform and services according to the principles of legality, legitimacy and necessity for the purposes described in this policy.
4.1.2 In order to complete necessary activities such as registration, login, management and real-name authentication of platform accounts, users need to submit true, legal and effective information. Information to be submitted includes, but is not limited to: Basic personal information of the user (name, email address, mobile phone number, etc.), The user's basic enterprise information (company name, business license, unified social credit code), the user's legal representative's name, the user's manager's information (including name, mobile phone number, email address, ID card number) and the user's bank account information (including bank, account number, account name, registered address and registered telephone number); In order to achieve the purpose of real-name authentication, the user agrees and authorizes us to provide, query and check the aforementioned information of the user to the relevant identity authentication bodies (such as personal credit agencies, government departments, etc.) by ourselves or by a third party.
4.2 Provide registration and authentication services for users
4.2.1 When the user registers and logs in to the platform, the user can create an account through the mobile phone number or email address. We will send a verification code to verify whether the user's identity is valid. The user can also log in to create an account through the local number or email address with one click. Users can proactively complete relevant online identification information (such as avatars and passwords), which is collected to help users complete registration. The mobile phone number and email address submitted by the user are used for user registration, login, binding account, and password retrieval to receive the verification code, and are used as one of the contact ways specified by the user and the platform to receive relevant business notifications (such as new product launch, service change, etc.). And the platform can use this contact to promote marketing to users, promote products, send business notices (including bills) or communicate with users.
4.3 Providing Technical Services to Users
We collect the following information when users use the service:
4.3.1 Log Information: In order to ensure the normal operation of the Platform and protect the personal and property safety of users or third parties from infringement, when users use the Platform and related services, in order to ensure the normal operation of the software and services, We collect the user's device model, operating system version number, device identifier, software version number, login IP address, method of access to the network, type and status, network quality data, operation logs, service logs, device MAC address, storage and telephone permissions, software list information. Please understand that this information is the basic information we must collect to provide services and ensure the normal operation of services.
4.3.2 We collect this information in order to provide users with better services, in order to achieve this purpose, we will also use the user's information for the following purposes: (1) contact users to solve problems; (2) Improve the quality of our services; (3) Other uses approved by the user.
4.3.3 Support information of user accounts: Based on the user's consultation record, guarantee record and troubleshooting process (such as communication or call record) generated by the user's use of the Service, the Platform will record and analyze such information in order to respond to the user's help request in a timely manner and to improve the service.
4.3.4 When we provide users with business functions or specific services, we will collect, use, store and protect user information in accordance with this policy and the provisions of the corresponding product service agreement; If we collect user information beyond the provisions of this policy and the corresponding product service agreement, we will separately explain the scope and purpose of information collection to the user, and obtain the user's consent before collecting user information necessary to provide the corresponding service; If the user chooses not to provide the aforementioned information, it will affect the user's use of the corresponding products, but will not affect the user's use of the basic functions of the platform website and other products.
4.4 Your Personal Information we obtain from third parties
4.4.1 We may collect and use users' personal information from third parties (our partners) within the scope of users' authorization. We guarantee that the user's personal information is handled in strict accordance with the contract signed with the third party and the relevant legal provisions, and please read the privacy policy and user agreement of the third party in detail. If the user refuses the collection, use or transfer of the user's personal information by a third party when providing services, it may cause the user to be unable to use the relevant services of the Platform.
4.4.2 We may obtain and appropriately use public information about the user through public channels such as web pages, or obtain operational information about the user's enterprise that has been publicly publicized from third-party providers to help us better understand our customer base, such as the user's industry, the size of the user's enterprise and the website URL of the user's enterprise.
4.5 Cookies and similar technologies
4.5.1 Cookies and similar technologies are commonly used in the Internet. In order to ensure the normal operation of the platform, make the access experience easier for users, recommend content or advertisements that may be of interest to users, etc., we store small data files called cookies on users' mobile devices. Cookies typically contain an identifier, a site name, and some numbers and characters. With the help of cookies and similar technologies, websites and clients can store users' registered accounts, email addresses, passwords (encrypted) and preferences, eliminating the need to fill in personal information repeatedly, and can also help us count traffic information and analyze the effectiveness of page design and advertising.
4.5.2 We do not use cookies and similar technologies for any purpose other than those described in this Agreement. Of course, the user can also choose to clear all cookies saved on the mobile device (my - Settings - Clear cache).
4.5.3 In addition to cookies, we also use other similar technologies such as website beacons and pixel tags on the Website. For example, an email we send to a user may contain an address link to the content of our website, and if the user clicks on the link, we will track the click to help us understand the user's product or service preferences so that we can proactively improve the service experience. A website beacon is usually a transparent image embedded in a website or email. With the help of the pixel tags in the email, we can tell if the email has been opened. If you do not want your activity tracked in this way, you can unsubscribe from our mailing list at any time.
4.5.4 We will not share users' information with any company, organization or individual outside the Platform, except in the following cases:
4.5.5 Sharing with the express consent or authorization of the user (and guardian) or with the user's active choice.
4.5.6 Sharing under legal circumstances. We will share user information in accordance with laws and regulations, dispute resolution needs, or as required by administrative and judicial authorities in accordance with the law. For example, if we determine that the user has violated laws and regulations or seriously violated the agreement rules related to the platform, or in order to protect the personal and property safety of the platform and its affiliated users or the public from infringement, we may disclose information about the user in accordance with laws and regulations or the agreement rules related to the platform.
4.5.7 According to the provisions of relevant laws and regulations, the sharing, transfer and public disclosure of the user's personal information do not require the prior authorization and consent of the user in the following circumstances:
(1) Directly related to national security and national defense security;
(2) directly related to public safety, public health, and major public interests;
(3) related to criminal investigation, prosecution, trial and execution of judgments;
(4) In order to protect the life, property and other major legitimate rights and interests of you or other individuals, but it is difficult to get my consent;
(5) The personal information collected is disclosed to the public by you;
(6) Other laws and regulations and other circumstances.
4.5.8 Sensitive Personal Information
Sensitive personal information refers to personal information that, once leaked or illegally used, is likely to lead to the violation of the human dignity of natural persons or harm to the safety of person and property. The above information provided by users or collected by us may contain sensitive personal information, such as ID card numbers, personal biometric information, bank account numbers. Please exercise caution and pay attention to sensitive personal information.
4.6. Protection of minors' privacy
We do not accept children to register as our users, and in principle we do not accept users to provide personal information of end users under the age of 14, please pay attention to and provide with caution. Although local laws and customs define children differently, we treat anyone under the age of 14 as a child. If we have unknowingly collected personal information from a child under the age of 14, we will promptly delete the information, unless we are required by law to retain such information.
4.7 Scope of the Privacy Policy
If you are registered as a user of the Platform, this policy will apply. Unless the relevant service has an independent privacy policy or special provisions exist in the corresponding agreement.
This Privacy Policy does not apply to products or services linked to other third parties in the Platform services, and users' use of these third party services (including any personal information provided by users to these third parties) will be subject to the terms of service and privacy policies of these third parties (but not this privacy policy). Please protect your information properly and provide it to third parties only when necessary.
4.7.1 If you are located in the mainland of the People's Republic of China, according to the provisions of the Personal Information Protection Law of the People's Republic of China, unless authorized by the user, we will not share the user's personal information with third parties other than our affiliated companies, except that the processing cannot identify specific individuals and cannot be recovered.
4.7.2 Other legal bases for processing Personal Information (EEA only)
Please pay special attention to: When the user conducts the processing of personal information, if the user meets any of the following conditions, please pay attention to the EU General Data Protection Regulation (GDPR) : (1) The user is in the Economic area of the European Union (" EEA "), whether or not the processing activity is carried out in the European Union; (b) to provide goods or services (whether paid or not) to individuals in the EEA, or to monitor their conduct in the EEA; (3) Outside the EEA, but in accordance with public international law, the law of an EU Member State applies (for example, an embassy or consulate of an EEA member State).
If you and/or your users are from the EEA, the legal basis for our collection and use of the above personal information will depend on the relevant personal information and the specific context in which we collect it. However, we generally only do so where we need personal information to perform a contract with the user, or where the processing is in our legitimate interests and is not covered by the user's data protection interests or fundamental rights and freedoms, or where we have the user's consent. In some cases, we may also have a legal obligation to collect personal information from you and/or your end users, or may need personal information to protect the vital interests of users or others, for example, to provide personal information about users at the request of relevant authorities or to respond to a request from law enforcement.
4.7.3 If you are a resident of the State of California, you may exercise your privacy rights under the California Consumer Privacy Act (CCPA). We do not sell or share your personal information, and we do not discriminate against you for exercising your rights. These rights are not absolute, and in some cases we may deny your request to the extent permitted by law. We will need to verify your identity to process your information, access and removal requests, and reserve the right to confirm your residence in California.
4.7.4 For users located in the United States, we guarantee compliance with the Children's Online Privacy Protection Act (COPPA) of the United States.
Article 5 Confidentiality Clause
5.1 Confidential information referred to herein refers to the indivisible trade secrets, computer programs, design schemes, know-how, processes, data, business and product development plans that either party (hereinafter referred to as the "receiving party") obtains or learns from the other party (hereinafter referred to as the "Disclosing Party") or is jointly created by both parties in performing this Agreement. Customer information and other information related to the Disclosing Party's business, or confidential information received by the Disclosing Party from other parties. No matter in what form or in what carrier the above information and data are contained, no matter whether the disclosing party indicates its confidentiality orally, graphically or in writing at the time of disclosure.
5.2 The Receiving Party and the Disclosing Party shall take appropriate measures to properly preserve the confidential Information provided by the other party, and such measures shall be no less prudent than the measures taken by the Receiving party to protect its own confidential Information. The Receiving Party and the Disclosing Party may only use the Confidential Information for the purposes or purposes related to this Agreement.
5.3 The Parties guarantee that the confidential information shall only be known to the person in charge and employees of the respective party engaged in the business. Before the above personnel of both parties become aware of the Confidential Information, they shall remind them of the confidentiality of the confidential information and the obligations to be borne by them, and demonstrate in a verifiable manner that the above personnel does bear the confidentiality responsibility under this Agreement.
5.4 The Receiving Party and the Disclosing Party are also obliged to keep confidential the specific contents and performance of this Agreement.
5.5 Communication, notices, notifications and other documents transmitted or exchanged between the Receiving Party and the Disclosing Party in order to perform this Agreement shall be properly kept by both parties and shall not be used for purposes detrimental to the business of both parties. Neither party shall slander the other party, nor shall they make statements in public that are detrimental to the other party for the purpose of attacking the other party.
Article 6 Intellectual Property Rights
6.1 All content on the platform, including but not limited to works, pictures, files, information, materials, website structure, website picture arrangement, web page design, shall be owned by the platform or other right holders in accordance with law. Without the written consent of the Platform or other right holders, no one shall use, modify, copy, publicly disseminate, change, distribute, distribute or publicly publish the Platform program or content.
6.2 Under no circumstances shall either of us engage in any matter that may affect the cooperation between the two parties or infringe upon the reputation, intellectual property rights, privacy and other legitimate rights and interests of the other party.
6.3. You shall not remove, destroy, cover up or modify the copyright notice, trademark or other proprietary mark of the platform or its affiliates.
6.4 We have all rights to the platform operation data, including but not limited to login information, operation records, service ordering and other data. You may not save, use or authorize others to use such data without our written consent.
6.5 You agree and grant us the right to a perpetual, free, non-exclusive, exclusive license worldwide to the data we use and collect in the course of providing the Services to you, including but not limited to our use of the said data for macro analysis, and to publish or share the results of the analysis with third parties.
Article 7 Laws and regulations on export control and sanctions
Each Party undertakes to comply with all applicable economic and trade sanctions and export control laws and regulations, including all sanctions resolutions, laws and regulations and export control laws and regulations made and enforced by the United Nations Security Council, China, the United States and any other country (to the extent that the foregoing documents apply to that party) (" Applicable export control laws "). You undertake not to use the products or services provided by the Platform for purposes prohibited by applicable export control laws.
Article 8 Liability for breach of contract
8.1 If you use the services provided by our platform in violation of this Agreement, including but not limited to the use of any way to infringe the intellectual property rights of third parties, or use any material or information containing obscenity, libel, slander, rumor, racism or any infringement of others' right to name, reputation or privacy, resulting in claims, lawsuits or other proceedings against us by third parties, You shall indemnify and hold us harmless from all losses (including but not limited to all costs, including legal costs, attorneys' fees, settlement costs and damages) arising from this.
8.2 If your breach of the above commitments leads to any form of claims or claims against us by your users, or leads to us being involved in legal or administrative proceedings, you will be responsible for fully resolving and defending us, or cooperating with us at our request, in order to protect our interests from being harmed. And indemnify us for all the losses we may suffer as a result, including but not limited to legal costs, attorneys' fees, settlement fees, damages and other costs.
8.3 If we find that you have breached the contract, we have the right to delete the relevant information directly without prior notice, terminate or suspend the service provided to you and ask you to immediately stop using and copying the relevant documents.
8.4 In any of the following cases, we have the right to terminate this Agreement or suspend our services, and require you to immediately delete the algorithms, models and data involved or terminate the behavior that infringes the rights and interests of others: You access our platform in violation of laws and regulations, upload and publish information, or improperly use our algorithms, models and data; Your actions violate other people's privacy, trade secrets, or other user rights. In the event of the above situation, you shall assume all responsibilities in your own name and compensate for the losses of other users or any third party who have been infringed.
8.5 We have the right to conduct a breach of contract review of your conduct according to professional or non-professional standards, and you agree and irrevocably acknowledge the results of our review of you and the evidence collected. After we deal with your breach of contract in accordance with this Agreement or related agreements, you will not be relieved of your legal responsibility.
8.6 You shall be legally responsible for your actions during the use of the Platform Services. You bear legal liability in the form of, but not limited to: compensation for the infringed party, and after the Platform first assumes the administrative punishment or infringement damages caused by your actions, you shall pay the Platform the same amount of compensation. Under no circumstances shall the Company be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages arising out of this Agreement.
Article 9 Disclaimer
9.1 You fully understand that the communication channel using the Platform involves the Internet and the network services of telecom operators and may be affected by unstable factors in various aspects, and therefore you agree that, The Platform shall not be liable for any interruption, delay or pause caused by power failure, billing system failure, transmission line failure, communication failure and communication line failure, overhaul and upgrade, computer error or virus, hacker attack, information damage, data loss or other reasons beyond the reasonable control of the Platform; In order to prevent accidents, please do not rely solely on the network as the only communication tool to be used in important cases, and both parties agree that the Platform shall not be liable to you or any third party for losses caused by your activities using the Platform services.
9.2 The Platform has the right to periodically or irregularly overhaul or maintain the Platform providing network services or related equipment. If the network services are interrupted or suspended within a reasonable time due to such circumstances, the Platform shall not be liable for this.
9.3 The Platform shall not be liable for service interruption and loss if any of the following occurs:
(1) Force majeure occurs;
(2) hacker attacks, computer virus invasion or outbreak;
(3) the computer system is damaged, paralyzed or cannot be used normally;
(4) suspension or termination of services due to government regulation;
(5) measures required by relevant laws, regulations or legal procedures, compulsory government orders or judicial rulings;
(6) Other causes not caused by the fault of the Platform.
9.4 In no event shall the Platform be liable for any indirect, consequential, disciplinary, incidental, special damages arising from the use of the Services provided by the Platform, including loss of profits suffered by you as a result of your use of the Services of the Platform (even if you have been informed in advance of the possibility of such damages).
Article 10 Termination and assignment of the Agreement
10.1 Termination of the Agreement
10.1.1 We will terminate the provision of Services to you when you stop and no longer use our Services or we are unable to reach you within a reasonable period of time through the contact details you provided.
10.1.2 When your behavior violates the relevant provisions of laws and regulations, we have the right to terminate this agreement or suspend our services, and ask you to stop the illegal behavior immediately.
10.1.3 In the event of a force majeure event that makes it impossible for us or either of you to continue to perform the relevant obligations, we will terminate the Service provided to you.
10.1.4 When either party ceases business, is cancelled or revoked business license, goes bankrupt, its financial condition deteriorates to the extent that it is unable to fully perform the obligations hereunder, etc., we will terminate the service provided to you.
10.1.5 Upon termination of the Agreement, we have the right to decide whether to preserve any information you retain on our Platform. You have no right to ask us to retain or forward any information from your account to you or to third parties.
10.1.6 The fees payable by you under this Agreement but not settled will be due immediately upon termination of this Agreement, and the fees payable by you also include other costs (such as attorney's fees) incurred to recover the outstanding fees from you, which we may deduct from your account or through other settlement methods, and you shall make up the shortfall.
10.2 Assignment of the Agreement
10.2.1 We have the right to assign all rights and obligations under this Agreement to our affiliates. In case of transfer, we will notify you by website announcement, website notice, email, etc.
10.2.2 You may not assign all or part of your rights under this Agreement or assign all or part of your obligations under this Agreement without our prior written consent.
Article 11 Application of law and dispute settlement
The execution, validity, performance, termination and interpretation of the Terms and conditions of this Agreement shall be governed by the laws of Hong Kong. Any dispute arising from the performance of this Agreement shall be settled by both parties through negotiation on the principle of mutual understanding and accommodation. If no agreement can be reached through negotiation, either party shall have the right to bring a lawsuit to a court with jurisdiction in Hong Kong.
Article 12 Entry into force and interpretation of this Agreement
12.1 This Agreement includes the text of the Agreement and the relevant rules that have been published or may be published by all platforms in the future. The Platform has the right to modify the terms of this Agreement if necessary. The Platform reserves the right to interpret the terms of this Agreement. You can view the terms of the agreement in the latest version of the platform. After the terms of this Agreement are changed, if you continue to use the services provided by this platform, you shall be deemed to have accepted the revised agreement. If you do not accept the revised agreement, you should stop using the services provided by this platform.
The failure of the parties to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right.
12.2 All notifications of the Platform to the User hereunder may be made by means of website announcement, email, mobile phone short message or regular mail transmission. Such notice shall be deemed to have been delivered to the addressee on the date it is sent.
12.3 Contact Us
If you have any questions, comments or suggestions about this Agreement, you can contact us by the following means: service@bestsharemedia.com, address: Room 803, Chevalier House, 45-51 Chatham Road South, Tsim Sha Tsui, Kowloon, Hong Kong. We will respond to your request within 30 days.
12.4 Effective Date: March 12, 2024.