Facemoji Keyboard

Privacy Notice

Baidu Japan Inc. (“ Baidu ”, “ we ”, “ our ” or “ us ”) is committed to respecting your privacy. This Privacy Notice sets out how we collect, store, process, transfer, share and use information that identifies or is associated with you (“ personal information ”).

This Privacy Notice applies to your use of our keyboard personalization service that we make available through a mobile application available for download on your device (the " Facemoji App ").

We are the controller of your personal information, which means we are responsible for how your personal information is used.

Please ensure that you have read this Privacy Notice to understand how we collect, store, use and disclose your personal information when you use the Facemoji App and the personalized keyboards that you create using the Facemoji App (the " Facemoji Keyboard ").

This Privacy Notice is provided in a layered format so you can click through to the specific areas set out in the table of contents below.

Table of Contents

  1. INFORMATION WE COLLECT AND USE
  2. INFORMATION SHARED WITH BAIDU
  3. SHARING INFORMATION WITH OTHER PARTIES
  4. ADVERTISING AND AFFILIATE LINKS
  5. YOUR CHOICES REGARDING YOUR INFORMATION
  6. SECURITY AND STORAGE OF INFORMATION
  7. CHILDREN'S PRIVACY
  8. LINKS TO THIRD PARTY WEBSITES
  9. UPDATES TO THIS PRIVACY NOTICE
  10. CONTACTING US
  11. LAST REVISION DATE

1. INFORMATION WE COLLECT AND USE

In general.

We collect personal information from you when you submit information directly to us when you use the Facemoji App, for example:

We also collect personal information that you submit directly to us when using the Facemoji Keyboard, such as:

We will indicate to you where the provision of certain personal information is required in order for us to provide you certain features and functionalities of the Facemoji App and/or Facemoji Keyboard. If you choose not to provide such personal information, or if you choose to stop providing this information, we may not be able to provide certain features of the Facemoji App and/or Facemoji Keyboard to you. Please see section 5 of this Privacy Policy for more information about how you can control the information that is shared with us.

We and our third party partners also automatically collect personal information about you indirectly, including information about how you access and use the Facemoji App and/or Facemoji Keyboard and about the device you are using. Typically, this information is collected through tracking technologies, such as pixels, SDKs, web beacons, file information and similar technologies.

We may link or combine the personal information we collect about you and the information we collect automatically. This allows us to provide you with a personalized experience regardless of how you interact with us.

Further details about the categories of information we may collect, the purposes for which we use them and the lawful basis we rely on for processing those categories of data are set out in detail in the table in the Annex .  

2. INFORMATION SHARED WITH BAIDU

In order to provide you with certain features and functionalities of the Facemoji Keyboard, some of the information you input using the Facemoji Keyboard may be transferred to Baidu, rather than storing such information on your device. Please see the table in the Annex for more information about what personal information may be transferred to Baidu and the purposes and lawful basis for such transfers.

You can control the information that we receive at any time by changing your settings in the Facemoji App (by turning off the "share data" toggle in Settings > Input Settings).

You will still be able to use the core functionality of the Facemoji App if you disable data sharing , such as personalizing your Facemoji Keyboard. However, certain features may not be available to you as they require personal information input to function and the overall effectiveness of the Facemoji Keyboard may deteriorate. For instance, if you disable data sharing, you will not be able to use the translation functionality of the Facemoji Keyboard or customize other elements of the Facemoji Keyboard like fonts and key sounds.

3. SHARING INFORMATION WITH OTHER PARTIES

You may share personal information you upload to the Facemoji App with third parties. For example, you may have the option to share your activities on the Facemoji App with your friends on various social media sites.

We may share your personal information among the Baidu group, or with third parties (i) where they are subcontractors or advertisers, or (ii) to comply with legislation, to carry out a contract with you or to defend Baidu against any type of harm. Please find a detailed explanation of how we share your personal information under ‘further information’ below. 

If you are based in the European Union (“ EU ”), we will transfer your personal information outside of the EU including to the United States, Singapore and Japan; these international transfers of your personal information will be made pursuant to appropriate safeguards such as standard contractual clauses. Please contact us if you would like to know more about these safeguards.

For more information on your choices regarding your information, see section 5 “Your Choices Regarding Your Information” below.

Further information

We may share your personal information with:

  1. The Baidu group . This includes other brands owned or controlled by Baidu and other entities owned by or under common ownership as Baidu, which also includes our subsidiaries (i.e., any entity we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns;

  2. Subcontractors . This includes third party vendors, consultants and other service providers that perform services on our behalf, in order to carry out their work for us, which may include identifying and serving targeted advertisements, content or service fulfilment, assisting with voice recognition technology, or providing analytics services;

  3. Future parties to the Baidu group . Other parties in connection with any company transaction, such as a merger, sale of all or a portion of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings; and

  4. Third parties as required to (i) satisfy any applicable law, regulation, subpoena/court order, legal process or other government request, (ii) enforce our Terms of Use Agreement, including the investigation of potential violations thereof, (iii) investigate and defend ourselves against any third party claims or allegations, (iv) protect against harm to the rights, property or safety of Baidu, its users or the public as required or permitted by law and (v) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.

4. ADVERTISING AND AFFILIATE LINKS

We partner with Amazon Services, Inc., and other third parties to suggest products or services in response to your search queries. If you click on such link, you will be taken to a third party site or service and this Privacy Notice will no longer apply to information you provide to the third party site or service. 

We participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your use of the Facemoji App and Facemoji Keyboard. We may share, or we may permit third party online advertising networks, social media companies and other third party services to collect information about your use of the Facemoji App and Facemoji Keyboard over time so that they may play or display ads on other websites, apps or services you may use (including Facebook), and on other devices you may use.

These third parties may collect mobile identifiers, such as the ID for Advertising for iOS (IDFA), Google Advertising ID, as well as your device's IP address, information about other applications on your device, your location, information about your use of the Facemoji App and Facemoji Keyboard and information about which adverts you have seen or clicked on.

We and our third party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.

We and our third party partners may also link your various devices so that content you see on one device can result in relevant advertising on another device. We do this by collecting information about each device you use when you are logged in to the Facemoji App and Facemoji Keyboard. We may also work with third party partners who employ tracking technologies, or the application of statistical modelling tools, to determine if two or more devices are linked to a single user or household. We may share a common account identifier (such as user ID) with third party advertising partners to help recognize you across devices. We and our partners can use this cross-device linkage to serve interest-based advertising and other personalized content to you across your devices, to perform analytics and to measure the performance of our advertising campaigns.

You may be able to limit the use of these identifiers for interest-based advertising on a particular device through the settings on your device by selecting "limit ad tracking" (iOS) or "opt out of interest based ads" (Android). You may also be able to opt-out of some, but not all, interest-based ads served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.

To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit:

  1. the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices;

  2. the DAA’s resources at www.aboutads.info/choices; and/or

  3. Your Online Choices at www.youronlinechoices.eu.

Please note that opting-out of receiving interest-based advertising through the NAI’s and DAA’s or Your Online Choices online resources will only opt you out from receiving interest-based ads on that specific browser or device, but you may still receive interest-based ads on your other devices. You would need to perform the opt-out on each browser or device you use.

Some of these opt-outs may not be effective unless your browser is set to accept cookies. If you delete cookies, change your browser settings, switch browsers or devices, or use another operating system, you will need to opt-out again.

Please note that opting out of interest-based advertising does not mean you will no longer see advertising on your device – it just means that adverts may no longer be tailored to your interests.

5. YOUR CHOICES REGARDING YOUR INFORMATION

5.1. Data Retention

Unless stated otherwise in section 1 for a specific category of personal information, we will retain your information for as long as needed to provide you the functionalities of the Facemoji App and Facemoji Keyboard and for thirty days thereafter for the purpose of further improving our technology, the Facemoji App and Facemoji Keyboard, after which the personal information will be deleted or anonymized. 

5.2. Access to your Device Information

You may control the Facemoji App and Facemoji Keyboard’s access to your device information through your “Settings” app on your device. For instance, you can disable the Facemoji Keyboard's access to your microphone, photo stream and camera roll. 

5.3. Your rights

In as far as imposed by applicable laws, you have the following rights:

  1. Access: you have the right to obtain: (i) confirmation of whether, and where, we are processing your personal information; (ii) information about the categories of personal information we are processing, the purposes for which we process your personal information and information as to how we determine applicable retention periods; (iii) information about the categories of recipients with whom we may share your personal information; and (iv) a copy of the personal information we hold about you.

  2. Portability : you have the right, in certain circumstances, to receive a copy of the personal information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.

  3. Rectification : You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you without undue delay.

  4. Erasure : You have the right, in some circumstances, to require us to erase your personal information without undue delay if the continued processing of that personal information is not justified.

  5. Restriction : You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information if the continued processing of the personal information in this way is not justified, such as where the accuracy of the personal information is contested by you.

  6. Objection : You have a right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. There may be compelling reasons for continuing to process your personal information, and we will assess and inform you if that is the case. You can object to marketing activities for any reason.

 

If you are resident in France, you also have the right to set guidelines for the retention and communication of your personal information after your death.

Please contact us at  facemojikeyboard@gmail.com  if you wish to exercise your rights.

You have the right to lodge a complaint regarding the processing performed by Baidu with your local supervisory authority. If you are based in the EU, information about how to contact your local data protection authority is available at: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm .

6. SECURITY AND STORAGE OF INFORMATION

Baidu cares about the security of your information and uses commercially reasonable physical, administrative, and technological safeguards to preserve the integrity and security of all information we collect and that we share with our service providers. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations. 

7. CHILDREN'S PRIVACY

Baidu does not knowingly collect or solicit any information through the Facemoji App or the Facemoji Keyboard from anyone under the age of 13. In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13, please contact us at facemojikeyboard@gmail.com .

8. LINKS TO THIRD PARTY WEBSITES

The Facemoji App and the Facemoji Keyboard may contain or suggest links to third party websites provided by our business partners, advertisers, and social media sites. Our users may also post links to third party websites. If you follow a link to any of these websites, please note that these websites have their own privacy notices and policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites. 

9. UPDATES TO THIS PRIVACY NOTICE

We reserve the right to modify this Privacy Notice from time to time. If we make any changes to this Privacy Notice, we will change the "Last Revision" date below and will post the updated Privacy Notice on this page. However, in case the modifications are significant, we will provide you with a more prominent notice.

10. CONTACTING US

If you have questions about this Policy Notice, please contact us at  facemojikeyboard@gmail.com .

11. LAST REVISION DATE

This Policy Notice was last revised on, and effective as of, October 16, 2019.

 


Annex


Information we collect from you and how we use it


Category of information

How we use it

Legal Basis

Your details that you submit to us when you set up an account on the Facemoji App, including your username and password.

 

We use this information to authenticate you when you access the Facemoji App.

The processing is necessary for the performance of a contract with you.

The personalized theme you choose for your Facemoji Keyboard, such as the background picture, text colour, font and any custom skins or other features that you choose for your Facemoji Keyboard.

 

We use this information to operate and provide you the Facemoji Keyboard in accordance with your settings.

 

The processing is necessary for the performance of a contract with you.

Where you subscribe to certain premium features of the Facemoji App, we will also use this information to provide you with certain social features of the Facemoji App, such as the ability to share your custom skins with other users of the Facemoji App.

 

The processing is necessary for the performance of a contract with you.

Your preferences, such as your settings with regard to data sharing and the level of access to your device that you grant to the Facemoji App and Facemoji Keyboard.

We use this information to provide you the Facemoji App and Facemoji Keyboard in accordance with your preferences.

The processing is necessary for compliance with a legal obligation to which we are subject.

We use this information to provide you the features and functionality of the Facemoji App.

The processing is necessary for the performance of a contract with you.

Your photos. You can grant us access to your photos in order to create a personalized background for your Facemoji Keyboard.

We use this information to operate and provide you the features and functionality of the Facemoji App.

The processing is necessary for the performance of a contract with you.

Information you type when you use the Facemoji Keyboard. We collect certain information that you type using the Facemoji Keyboard.

We do not, however, collect text that is comprised solely of numbers, or a combination of letters and numbers, or that contains the "@" symbol, to avoid as far as possible the collection of account information, email addresses or other similar sensitive data.

We also do not collected information from fields which the website or application developer has indicated as being for password or payment card data.

We use the information to determine your frequently used words and phrases, your particular writing style, how often you backspace, and how you press the keys on the Facemoji Keyboard in order to provide you with the smart predictive text functionality, auto-reply functionality, and emoji suggestion functionality. 

The processing is necessary for the performance of a contract with you.

We use the information to simplify how you use the Facemoji Keyboard and improve the functionality of the Facemoji Keyboard.

The processing is necessary for our legitimate interests, namely developing and improving the Facemoji Keyboard and developing new products and services.

We transfer this information from your device to our servers and use it to create language models and help us optimize and improve the word prediction functionality of the Facemoji Keyboard and the accuracy of key presses.

If we do this, we will de-identify this information on your device prior to transmitting it to us.

The processing is necessary for our legitimate interests, namely developing and improving the Facemoji Keyboard and developing new products and services.

Information you submit into search fields using the Facemoji Keyboard. We collect words and phrases that you enter in search fields, including any text entered into search fields that has been converted from voice.

We use this information to operate and provide you the features and functionality of the Facemoji Keyboard.

The processing is necessary for the performance of a contract with you.

We transfer this information from your device to our servers and use this information to analyze your searches to identify products and services that may be of interest to you for the purposes of interest based advertising.

The processing is necessary for our legitimate interests, namely to provide interest-based advertising services to our partners.

Facial information. When you enable this feature, we will access the camera and photos on your device and will collect and identify your facial features and facial geometry. We will also collect facial information from photos taken by you.

We use this information to provide you features and functionality of the Facemoji Keyboard, namely the augmented reality emoji function

The processing is necessary for the performance of a contract with you.

We transfer this information from your device to our servers and de-identify this information and analyze it to develop and enhance the accuracy of our facial recognition proprietary technology.

The processing is necessary for our legitimate interests, namely to improve and develop the Facemoji Keyboard and our other products and services.

Information collected from third party apps, such as third party app development and analytics platforms. The information may include your IP address, where you downloaded the Facemoji App from, statistics regarding your use of the Facemoji Keyboard and Facemoji App and any crashes or problems experienced while using the Facemoji Keyboard and Facemoji App.

We transfer this information from your device to our servers and use this information to resolve crash problems and other issues you may experience when using the Facemoji App or Facemoji Keyboard.

The processing is necessary for our legitimate interests, namely to monitor and resolve issues with the Facemoji App and Facemoji Keyboard and to improve the Facemoji App and Facemoji Keyboard generally.

We use this information to tailor the Facemoji App and Facemoji Keyboard to you in order to optimize your experience when using the Facemoji App and Facemoji Keyboard.

The processing is necessary for our legitimate interests, namely to tailor the Facemoji App and Facemoji Keyboard to the user.

Your transaction history, such as any premium content that you have subscribed for through the Facemoji App.

We use this information to provide you with premium content that you have subscribed for through the Facemoji App.

The processing is necessary for the performance of a contract with you.

We use this information for internal statistics to improve the Facemoji App, including fixing problems with subscriptions to premium content.

The processing is necessary for our legitimate interests, namely to monitor and resolve issues with the Facemoji App and to improve the Facemoji App generally.

Your use of any social features of the Facemoji App that we may make available, such as information about the content you have shared with others or any content that you use that has been created by other users.

We use this information to provide you with the social features of the Facemoji App.

The processing is necessary for the performance of a contract with you.

Information collected from third party social media companies. Where you choose to connect to the Facemoji App using a social network (for example to login to the Facemoji App), we will collect personal information from that social network, such as your username and profile image, in accordance with your privacy settings on that social network.

We use this information to operate, maintain and provide to you the features and functionality of the Facemoji App, such as allowing you to log in to your account on the Facemoji App, to access your Facemoji Keyboard from other devices, to customize your profile and to associate your social media account with your use of the social features of the Facemoji App.

The processing is necessary for the performance of a contract with you.

Voice recordings and related information. When you enable this feature, we will access your device’s microphone and collect voice recordings, the text transcription of those voice recordings and the date and time of those transcriptions.

We use this information to provide the voice-to-text functionality of the Facemoji Keyboard.

The processing is necessary for the performance of a contract with you.

We transfer this information from your device to our servers and use this information to improve the Facemoji Keyboard’s voice input function, and to develop, create, improve, optimize, maintain, and otherwise enhance its automatic speech recognition and voice transcription technology, and natural language understanding software products, services or platforms.

The processing is necessary for our legitimate interests, namely developing and improving the Facemoji Keyboard and developing new products and services.

Messages. Where you enable our automatic reply feature, we collect the content of messages you receive via some social media applications of your device in order to generate suggested replies.

We use this information to provide the automatic reply functionality of the Facemoji Keyboard.

The processing is necessary for the performance of a contract with you.

We transfer this information from your device to our servers and use this information to create a better automatic reply model, which helps us improve precision and accuracy in the replies.

The processing is necessary for our legitimate interests, namely improving and developing the Facemoji Keyboard.

Text submitted for translation. When you use the text translation function, the original text will be uploaded to the server of the Baidu group translation team and saved in an unencrypted format. Such data will only be stored for a period of 1 day on servers of the Baidu group and will then be deleted.

We transfer this information from your device to our servers and use the text inserted by you in the translation interface to translate this text into the target language.

The processing is necessary for the performance of a contract with you.

Usage information collected automatically. For example, information about your device and its software and about the way you use the Facemoji App and Facemoji Keyboard, such as the type of device, physical dimension, division ration, CPU type, memory capacity, operating system version, version of the Facemoji App and Facemoji Keyboard, keyboard type and typing performance when using the Facemoji App and Facemoji Keyboard, crash information (such as defects that occurred), and unique ID for each Facemoji Keyboard.

We permit third party online advertising networks to collect information about your use for the Facemoji App and Facemoji Keyboard over time so that they may play or display advertising on the Facemoji App and Facemoji Keyboard, on other devices you may use, neither on other websites, apps or services.

We may use the data collected through these technologies to remember information so that you will not have to re-enter it during your visit or the next time you use the Facemoji App and Facemoji Keyboard.

The processing is necessary for the performance of a contract with you.

We transfer this information from your device to our servers and may use this information to provide custom, personalized content and information, including advertising presented by the Baidu group.

The processing is necessary for our legitimate interests, namely tailoring the Facemoji App and Facemoji Keyboard to the user and serving targeted advertisements.

We transfer this information from your device to our servers and may use this information to identify you across multiple devices.

The processing is necessary for our legitimate interests, namely tailoring the Facemoji App and Facemoji Keyboard to the user and serving targeted advertisements.

We transfer this information from your device to our servers and may use this information to ensure and monitor the effectiveness of the Facemoji App and Facemoji Keyboard.

The processing is necessary for our legitimate interests, namely monitoring and resolving issues with the Facemoji App and Facemoji Keyboard, and developing, maintaining or improving the Facemoji App and Facemoji Keyboard.

We transfer this information from your device to our servers and may use this information to monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on the Facemoji App and/or Facemoji Keyboard for generating statistics.

The processing is necessary for our legitimate interests, namely monitoring and resolving issues with the Facemoji App and Facemoji Keyboard, and developing, maintaining or improving the Facemoji App and Facemoji Keyboard.

We transfer this information from your device to our servers and may use this information to diagnose or fix technology problems.

The processing is necessary for our legitimate interests, namely monitoring and resolving issues with the Facemoji App and Facemoji Keyboard, and developing, maintaining or improving the Facemoji App and Facemoji Keyboard.

We transfer this information from your device to our servers and may use this information to develop and enhance the Facemoji App and Facemoji Keyboard.

The processing is necessary for our legitimate interests, namely developing, maintaining or improving the Facemoji App and Facemoji Keyboard.