iQIYI SaaS Platform Privacy Policy

Effective Date:Agu 05, 2020.  

Preface

IQIYI INTERNATIONAL SINGAPORE PTE.LTD (duly established and existing in accordance with Singapore law, registered address: 6 Shenton Way #33-00 OUE Downtown Singapore 068809) and its affiliates (hereafter “we” or “iQIYI”) will provide you (or “Client”, including any company, firm, partnership or other organization or individual viewing, registering, logging in, using and purchasing iQIYI Media Space SaaS products and services and being granted the authority of administration) iQIYI Media Space SaaS products and services (hereafter “iQIYI SaaS Service” or “our Service”, including but not limited video upload/storage/transcoding/cataloguing, media player, one-key generated APP/Web terminal, etc.)

The iQIYI SaaS Platform Privacy Policy (hereafter the “Policy”) is meant to provide for the rules with respect to our collection, use, storage, processing and protection of your information when you or your employees on behalf of you use the iQIYI SaaS Service as well as how you can control your information.

For your convenience, we have highlighted important provisions in bold and defined key terms, you have to carefully read the entire Policy and pay particular attention to the provisions in bold that (may) have a material impact on your rights and interests. Your acceptance of the Policy or use of the iQIYI SaaS Service will be deemed as agreeing or authorizing us to collect, use, store and process your information in accordance with the Policy. We may update the Policy from time to time and in this case, we will notify you of the latest version by push notification, website announcement or pop-up or a combination of these means.

Contact us at any time in case that you have any question with respect to the Policy.

 

 

CONTENTS

I.       Information Collection and Use

II.    Information Sharing and Disclosure

III.  Information Storage and Protection

IV.  Your Information Control

V.    Minors Protection

VI.  About the Policy

VII.          Contact Us

VIII.        Dispute Resolution

IX.  Definitions

 

 

I       Information Collection and Use

A. Information Collection

When you or your employees on behalf of you use the iQIYI SaaS Service, we will collect the information voluntarily furnished by you or generated on the basis of such use of our Service.

1.      Information Provided by You

(1) Information provided by you when opening an account

In opening an account, you have to provide us some information, including company email, country/region, phone number, your name, company name, time zone, authentication code and password. After the account is opened, you can log in, use and manage it or create one or several sub-accounts under it. To create one or several sub-accounts, you need to provide us some information, for example, your employee’s name, email, authority and position, etc. You shall ensure the truthfulness, lawfulness and validity of such information. We collect such information for the purpose of providing account registration and log-in service, ensuring the security of your account and preventing the security risk.

(2) Information uploaded by you when using the SaaS Service

When you use part or all of the iQIYI SaaS Service, you shall provide the information necessary for the use of such product and/or service. When you use the one-key terminal creation option, you shall provide the name of the terminal to be created and its type (iOS/Android/Web), etc. When you use the SaaS Service, such as video upload, storage, transcoding, cataloguing or media player, we will collect picture/video information provided by you. If you refuse to provide such information, this option will be disabled without affecting your use of other options of the product and/or service. You understand and agree that the aforesaid picture/video information uploaded by you when using the SaaS Service will be processed in accordance with your instruction and any relevant agreement between you and us, and you are in control of such information and we are to process it.

(3) Information provided by you when using client service or participating in activities

When you use the client service or participate in our operation activities, we will collect your name, contact information and address, etc. For the purpose of client service and account security, we may ask you to provide some information for user authentication. After authentication is passed, we will provide the client service in accordance with your contact information (phone number/email/other means of contact), your communication with us (including texts/pictures/audios and videos) and other necessary information related to your request (for example, your log information, account/sub-account information, etc.).

2.      Information Collected by Us

When you view the iQIYI Media Space SaaS website or use iQIYI SaaS Service, we will collect some information on your device and your use of the iQIYI SaaS Service, including:

(1) Device information

When you view our web pages or use or interact with the iQIYI SaaS service, we will collect the information of your device, including IP address, browser type and setting, operating system, language setting, device type, device model, device name, device identifier, mobile network information (including operator name and phone number), APP version, storage information and other technical information. We may collect the information about your device’s interaction with our website, including the pages you have visited and the links you have clicked. Such information is collected with a purpose to make for basic options, ensure your account and system security and provide the Service to you in a stable and sustained manner.

(2) Service use information

When you use the iQIYI SaaS Service, we will collect your operation information, for example, time of account creation, sub-account creation, web page views, video production code, etc. Such information is collected with a purpose to provide you the service you need and optimize and improve our product and user experience.

(3) Log information

We will collect the log information with respect to your use of the iQIYI SaaS Service, and such information may be obtained from cookies, web beacons, log files, program scripts, electronic tags or other means. For more information on our use of Cookie and similar technologies, refer to the Cookie clause.

3.      Information from Any Third Party

You shall know that we cannot obtain nor will collect your information from a third party without authorization. Where we have to obtain your information from a third party as a result of business cooperation or other reasons, we will take various means to ensure lawful collection and use of such information: (1) we will take measures, including but not limited to an agreement, to ensure that this third party has collected your information with your consent or permitted by relevant laws and regulations; (2) before collecting such information, we (or the third party) will explicitly notify you of its source and type, purpose, usage and options to be used for and scope of authorization or consent (in case that the usage or scope goes beyond the authorization, we will re-obtain your authorization); (3) we will require, by means of an agreement or otherwise, the third party to make a commitment with respect to the lawful source of information, and in case of any violation by the third party, we will explicitly ask it to bear relevant legal liability; (4) our security specialists will work to reinforce information security. We will protect the information indirectly obtained through the means and measures at least equal to those employed for our own user information.

Moreover, we can collect your information from public sources or other sources, for example, the government’s open data, social media platform’s open data, etc. You understand and agree that the options and services provided to you will be updated and developed from time to time. In case of any option or service not mentioned above that will collect your information, we will separately notify you of the content, scope and purpose of information collection by pop-up, interaction, website announcement or otherwise and obtain your consent.

B. Information Use

The information collected with respect to the iQIYI SaaS Service, in accordance with its type, may be used for the following purposes:

a)             To conclude and perform the contract and agreement between you and us;

b)             To create, authenticate, activate and process your registration and log-in requests;

c)             To provide, deliver, process, maintain, research & develop and improve the iQIYI SaaS Service;

d)             To meet your personalized needs, for example, language, time zone, personalized help and instruction;

e)             To assess your request (if relevant) and answer your question/inquiry/feedback/dispute;

f)              To communicate with you, including sending you commercial marketing information, operation activity notification, agreement update notification, etc.;

By one or several means provided by you or collected by iQIYI in the course of your using the iQIYI SaaS Service (for example, email, telephone, SMS, mailing address), we, in the course of operation, may contact you, send you authentication messages, product/service/activity news, special offers or user experience surveys, etc. You may rest assured, you may unsubscribe it by SMS, email or directly contacting us provided that you don’t want to receive our commercial information.

g)             To monitor, prevent or investigate any fraudulent act, abuse, security risk and technical problem detrimental to iQIYI, you or the public, protect your account and system security and improve iQIYI SaaS Service security and reliability;

h)             To be used for internal audit, market investigation and trend analysis, general statistics, analysis, processing and investigation related to the iQIYI SaaS Service.

For above purposes, we may employ various technologies to process your information. In case of any purpose not mentioned herein, we will seek for your prior consent.

C. Cookie

Cookie is a small file of character strings sent out or stored on your computer, mobile device or other devices (often encrypted) when you log in and use a website or other network. Technologies similar to cookies, for example, web beacon, proxy, embedded scripts, can be used for similar purposes. For the purpose of the Policy, all such technologies are referred to as “cookie”. Generally, we will make use of cookies to collect your relevant information when you register, log in and use our Service, for example, your habits of website visit, your views and log-in, etc.

Cookies are mainly intended to simplify your operation steps (for example, remain logged in), protect your account information and our product security, record your preferences, improve user product experience, analyze your use and improve our Service, etc.

You may use your browser or device to manage or delete the cookies stored in your computer, mobile device or other devices. Part of our Service is available only through the use of cookies. If you refuse to use or choose to delete, you cannot use relevant service as usual or cannot have the best experience of our Service, and meanwhile, this may have some impact on information protection and account security as well.

II    Information Sharing and Disclosure

A. Information Sharing

1. Information shared by you

You may share your information with a third person (including any unspecified subject) on the basis of the iQIYI SaaS Service. The information you have shared to a third party APP will be controlled by the third party and subject to its service terms and privacy policy. We have nothing to do with and you shall bear relevant legal liability for information disclosure or use due to your sharing.

2. Your information shared by us

We usually will not share your information with a third party. In any or several of the following circumstances, we will share your information with a third party in accordance with applicable laws in your jurisdiction:

2.1 You voluntarily request to share or we obtain your prior consent;

2.2 Share information within iQIYI

In order to provide relevant options of the iQIYI SaaS Service to you, we may share your information with our affiliates. When any of our affiliate changes the purpose of your information, we will re-obtain your authorization and perform the data compliance obligation in accordance with applicable laws in the relevant country.

2.3 share information with our business partners

You understand and are aware that some services will be provided by our business partners or us and our business partner, and so, you agree that, for the purpose of the Policy, we may share your information as appropriate with the following partners:

a.  Data processors (including service providers with respect to online AD data monitoring, statistics, data analysis, etc.), we may share a summary of your relevant information (for example, website use or device information) with such partners so as to analyze/maintain/improve our Service and provide better content to you;

b. AD partners, for example, when you choose to access to Google Ads, we will share your relevant information (Google account, phone number, email, etc.) with Google to facilitate your AD release;

c. Operation service partners, for example, share the winners in joint marketing activities with third parties so as to timely send the prize/gift to you;

d. Other business partners (for example, third party service providers, contractors, agents, APP developers, etc.).

In sharing your information, we will take various measures to protect your information security, including but not limited to: (1) if necessary, we will send a prior notice to you with respect to the purpose, type and recipient of the information and not share it until after we obtain your authorization; (2) we strictly provide for the recipient’s information protection obligation and legal liability in the agreement; (3) our security specialists will assess and process the form of information output, transmission and use, etc., and strive to have relevant information anonymized; (4) for the purpose of such information sharing, where your information may be transferred to our affiliates or third party partners in other countries/regions, we will comply with relevant applicable laws and ensure such cross-border transfer satisfy the requirements of local data protection regulations.

2.4 Your information shared in accordance with relevant laws or regulatory requirements

(1) In some circumstances, we may share your information with a third party (for example, judicial authority, enforcement authority or a similar third party) in accordance with relevant laws or as required by regulatory authorities so as to protect your and our lawful rights and interests, property and security;

(2) In some circumstances, without sharing your information, our Service cannot be activated or provided or your relevant dispute cannot be resolved;

(3) Your information is shared in accordance with relevant agreements between you and us (for example, online/off-line agreement, platform rules, etc.) or legal instruments;

(4) The information shared is de-identified and the third party as recipient cannot recognize your identity, or such information is made public by you or obtained by us from lawful public sources;

(5) Other circumstances required by relevant laws and regulations or regulatory authorities.

2.5 Information transferred to a third party related to some transactions

Where we are engaged in any merger, acquisition, reorganization, business split, bankruptcy, asset transfer or similar transactions and your information may be transferred as a part of such a transaction, we will notify you and require the new holder to continue to abide by and perform the entire iQIYI SaaS Platform Privacy Policy (including the purposes and rules of the use, security protection measures, etc.).

B. Information Disclosure

We will not disclose your information to the public except for announcing penalties on breaching accounts or fraudulent acts, publishing the list of prize winners, being required by court judgments or other legal proceedings, competent government authorities or agents, relevant laws or other proper reasons. Where there is such a proper reason, we will make public disclosure until after we have notified you of the purpose and type of such information and obtained our consent.

You shall be aware that, even with your authorization, we won’t disclose your relevant information unless for lawful, justifiable, necessary, particular and explicit purposes, and we will do the best to de-identify the information to be disclosed.

IIIInformation Storage and Protection

A. Information Storage

a. Place of storage: for the present, iQIYI and its affiliates have data centers in Singapore and Hong Kong. You understand and agree that, subject to the terms and conditions of the Policy, for the purpose of our business operation, we now transmit and store your information in Hong Kong, China. In the future, we may transmit and store your information in several data centers in accordance with applicable laws. These centers may be governed by information protection standards that are different from those in your jurisdiction, but we do the best to protect your information in accordance with stricter standards and to prevent the information leakage risk.

b. Period of storage: generally, we will store your information for a period no longer than as is necessary for our provision of the Service, and beyond this period, we will delete or anonymize your information in accordance with relevant laws and regulations, and if such information is shared to a third party, we also will require the third party to delete or anonymize it. However, in the following circumstances, we may change the period of storage so as to:

(1) comply with applicable laws and regulations;

(2) comply with court judgment, rulings or other legal proceedings;

(3) comply with the requirements of relevant government authorities or agents;

(4) comply with other relevant laws and regulations that we have reason to believe that we shall comply with;

(5) perform relevant service agreements or the Policy, protect public interest, protect personal and property safety and other lawful rights and interests of ours, our affiliates, our partners, other users or employees.

When any product or service is discontinued, we will notify you by push notification, announcement or other means, and delete or anonymize your relevant information in a reasonable period of time.

B. Information Security

We have adopted technical, organizational and administrative measures on multiple levels to protect your information security and minimize the risk of information leakage, damage, misuse, unauthorized access, disclosure or change. iQIYI’s relevant information management systems have passed ISO27001 and ISO/IEC29151 certification. These measures include the following:

1. Technical Measures

We have employed transport security protocol and other encryption technologies to prevent the transmission link from being sniffed and intercepted, taken data classification and other storage security measures; imposed strict control over data access and employed multiple identification technologies to monitor data processing and prevent breaching data access and unauthorized use; we will monitor and audit the whole course of the data life cycle and prevent unauthorized access, public disclosure, use, change, purposeful or incidental damage or loss of your information. Etc.

2. Organizational and Administrative Measures

We have set up an information protection department, formulated rules for secure business data use, data cooperation management system and relevant internal control systems, and minimized employee authority; we have and will regularly organize employees for information security protection training, and adopted other practical organizational and administrative measures, for example, lock the information storage area, restrict employees’ access to the storage area.

3. Security Incidents

We have set up the iQIYI Security Emergency Response Center, formulated various security administration systems and emergency response plans and put in place security incident reporting and emergency response and disposition procedures. In case that an information leakage incident occurs, we will launch the emergency plan to prevent the escalation, and notify you by phone call, push notification, public announcement or email.

You shall know and understand that internet has no absolute security. Despite above protection measures, we cannot fully guarantee or ensure the security of our Service or any information furnished by you. Leakage of your information may affect your lawful rights and interests. So, we strongly recommend you to use secure means and complicated password to facilitate us to ensure your account security. Once you find the leakage of your information, please contact us promptly so that we can take proper measures to protect your information security.

IV Your Information Control

You have various means to control your information with respect to our Service. This section sets out your major information control rights when you use the iQIYI SaaS Service, including but not limited to:

(1) To Access to Information

You are entitled to check or access to relevant information in connection with our Service. For example, via relevant product pages you can log in your account and access to your account information or check part of your use information at any time.

(2) To Correct/Change Information

You are entitled to correct/change part of your information in accordance with our operation and setting guide provided in product option pages with respect to our Service, or you may directly contact us to make such correction or change. For example, you can change your account information and sub-account authority, change or re-designate an administrator email on our SaaS platform.

(3) To Delete Information

You are entitled to delete relevant information in connection with our Service. You may delete part of your information online either by yourself in accordance with our product operation and setting guide or request us to delete it.

In case that we have collected, used or shared your information in violation of relevant laws or any agreement with you, you may directly request us to delete such information or ask us to notify the third party recipient to delete your information, except for the information anonymized or otherwise specified by laws and regulations.

You understand and agree that, after you delete relevant information from our Service by yourself or with our assistance, due to applicable legal and technical restrictions, we may not promptly delete relevant information from the backup system. In this case, we will put your information under secure storage and segregate it from any further data processing until it is deleted or anonymized when the backup system is updated.

(4) To Withdraw Consent

If you want to withdraw your consent to information processing, you may contact us by the means specified in the Policy. Once you withdraw the consent to relevant information processing, we will cease to collect it and will be unable to provide you relevant service.

(5) To Disable the Account

Now, if you are a corporate user, you may disable your account by writing to contactus@qiyi.com or privacy@iq.com. Once your account is disabled, you can neither continue to use this account and its sub-accounts nor continue to use the iQIYI SaaS Service.

(6) To cancel Subscription/Notification

As for our marketing by email or SMS, you may exercise this right by clicking the “unsubscribe” link or operation guide contained in our marketing email or SMS. If you want to unsubscribe our marketing information sent in other means, please contact us by the means specified in the Policy. For the present, the website’s message notification cannot be disabled, and if you want to disable this option, you may contact us by the means specified in the Policy. Attention, if you choose to disable the message notification, you may miss some of our important news, for example, service announcement, law or agreement update notice, etc.

(7) To Request a Copy of Information

You can contact us by the means specified in the Policy to request a copy of your personal information, and upon verifying your identity, we will provide a copy of your data with respect to our Service in a specified period of time in accordance with relevant laws, unless otherwise specified by laws and regulations or the Policy.

(8) To Restrict/Refuse Information Processing

If applicable laws in your jurisdiction have provided for such right, you will be entitled to request us to restrict or refuse to process part of your information, and we will deal with request as the case may be in accordance with law.

If you have any problem in exercising this right, you can contact us by the means specified in the Policy to request a copy of your personal information, and upon verifying your identity, we will help you resolve the problem in a reasonable period of time or a period specified by applicable laws in your jurisdiction, unless otherwise specified by laws and regulations or the Policy. Moreover, if the laws in your jurisdiction have granted you other information rights, we will do the best to ensure your exercise of these rights.

V    Minors Protection

Currently, the iQIYI SaaS Platform does not have any business for minors, nor will we collect minors’ personal information. If you or employees are under age, please do not use any service or provide any information on the iQIYI SaaS Platform. Once we find we have collected or received any minor’s personal information without consent of his/her guardian, we will delete such information.

VI About the Policy

1. Scope of Application

The Policy is applicable when you or your employees on behalf of you (whether you are a visitor or registered user) view the iQIYI SaaS website or use the iQIYI SaaS Service, and for the purposes specified herein, we as data controller will process your information, but attention please, the Policy is not applicable to the following circumstances:

Ÿ   You collect, use, share or process your terminal users’ information by creating and operating your website or APP on our Platform;

Ÿ   Our Service may contain links to or are directed to the products and/or services provided by a third party, and in this case, we will notify you or mark such products and/or services with “Third Party Product” or “Third Party Service” or a similar description;

Ÿ   Other products and/or services not provided by iQIYI.

2. Update

Based on our business model and ongoing technical innovations and developments, we may update the iQIYI SaaS Platform Privacy Policy at any time. Such update will constitute a part of the iQIYI SaaS Platform Privacy Policy and promptly become effective. Where such update may result in any substantial reduction or material change of your rights, we will use one or several means to notify you before it becomes effective, for example, announcement, push notification, pop-up or email. If such update needs us to collect more information from you or the purpose or form of information use/sharing or the third party recipient is changed, we will re-obtain your consent. By continuing to use our Service, you will be deemed as having fully read, understood and agreed to be bound by the updated iQIYI SaaS Platform Privacy Policy. We recommend you to read the Policy every time you use our Service.

3. Others

Titles and headlines are inserted for convenience only and do not affect the meaning or interpretation of any provision of the Policy.

VII     Contact Us

(1) If you have any privacy related problem when using our Service or any question with respect to the Policy (including inquiry, complaint or suggestion, etc.), you may tell us online or contact our DPO as follows:

Email: privacy@iq.com

(2) Upon receiving your request, we will authenticate your identity and respond to you in a period specified by relevant laws in your jurisdiction, and generally, we will not charge any service fee for this. But, except for otherwise specified by laws in relevant countries/regions, in the following circumstances we may not respond to your request if:

Ÿ   It is related to national security or national defense security;

Ÿ   It is related to public security, health or important public interest;

Ÿ   It is related to criminal investigation, prosecution or trial;

Ÿ   There is solid evidence of your subjective malice or abuse of rights;

Ÿ   Response to your request will cause serious damages to lawful rights and interests of yours or other individuals or organizations; or

Ÿ   Other circumstances specified by laws and regulations.

In such circumstances, we will notify you of the reason why we cannot response to your request.

VIII    Dispute Resolution

If any provision of the Policy is found null and void by any competent court, this provision shall be removed from the Policy without affecting the validity of the remaining provisions of the Policy. The remaining provisions shall continue to be enforced.

It is agreed that, to the greatest extent permitted by law, the Policy shall be governed by and construed in accordance with the law of Hong Kong Special Administrative Region.

Any dispute arising out of or in connection with the Policy (including but not limited to its enforcement) shall be resolved by amicable consultation. Either Party may also submit the dispute to Hong Kong International Arbitration Center (HKIAC) for arbitration in accordance with the HKIAC Arbitration Rules prevailing at the time of submission of the arbitration notice. For the avoidance of doubt, amicable consultation is not a condition precedent for submission of the dispute to HKIAC. The arbitration award shall be final and binding upon the Parties. The place of arbitration is in Hong Kong and the language of arbitration is Chinese.

IX  Definitions

l  iQIYI SaaS Service

Mean SaaS products, services and/or options provided by the iQIYI Media Space website, including but not limited to one-key generated APP/Web options, video upload, production and cataloguing, media player, etc., and the user terminal is limited to PC terminal.

l  Affiliates

Mean operating entities under iQIYI, including companies and entities that controls or will control, is or will be controlled by IQIYI INTERNATIONAL SINGAPORE PTE.LTD or under the joint control with IQIYI INTERNATIONAL SINGAPORE PTE.LTD. Control means the ability to have direct or indirect influence on the management/operation of a controlled entity by means of ownership, voting shares, contracts, actual operation connection or other means specified by laws.

l  Information

Mean the information that is recorded in electronic or other forms and can be used, alone or together with other information, to directly or indirectly establish the identity or reflect the activities of the particular subject of information.

l  Device

Mean any device that is used to access to the iQIYI SaaS Service, for example, desktop, laptop, tablet PC or smart phone.

l  IP address

Every device with access to internet will be assigned a code usually in accordance with geographic region, i.e. internet protocol (IP) address. IP address can be used to identify the location of the device when it is connected to internet.

l  Anonymization

Mean the process of technical processing to prevent the subject of information from being identified and the information thus processed from being recovered.

l  De-identification

Mean the process of technical processing to make the subject of information not identified if without additional information.

l  Deletion

Means the process of removing information from our server/back-office records.

l  Material changes

Materials changes to the iQIYI SaaS Platform Privacy Policy shall include but not limited to the following:

Ÿ   Materials changes to the form of iQIYI’s information collection and use, for example, the purpose of information processing, the type of information processed and the form of information use, etc.;

Ÿ   Material changes to the user’s information control rights and how these rights are exercised;

Ÿ   Changes to iQIYI’s information security department, contact information and complaint submission;

Ÿ   High risks as indicated in the information security impact assessment report; or

Ÿ   Other important circumstances or those that may have serious impact on your lawful rights and interests.

 

Note: in case of any discrepancy between above definitions and relevant laws and regulations in your country/region, these relevant laws and regulations shall prevail.