BigHead Brother Privacy Policy

Updated Date: October 11, 2024 Effective Date: October 11, 2024

Hangzhou BigHead Technology Co., Ltd. and its related entities (collectively referred to as "we") operate BigHead Brother and are committed to protecting user information. When you register, log in, or use the BigHead Brother website, related client applications, and services (collectively referred to as the "Website" and “Services”), we will collect both the information you voluntarily provide and the information generated during your use of the Website and Services, known as "user information". This may include, but is not limited to, personal information you provide to the Website. We will collect, use, store, transfer, and protect your personal information in accordance with the相关规定 of this privacy policy. We hope to introduce to you how we handle your personal information through this privacy policy, so we recommend that you carefully read and understand all aspects of this privacy policy. Specifically, terms limiting or exempting liability are marked in bold to draw your attention, and we recommend that you focus on reading these sections.

If you do not agree with this privacy policy, we cannot provide you with comprehensive services, and you should immediately stop using the Website and related services. When you choose to use the Website and related services, it will be considered that you accept and recognize our processing of your information in accordance with this privacy policy.

This policy applies to visitors who access, register, or log in to the Website during their activities on the Website (collectively referred to as "BigHead Brother Users").

If you create a chatbot (Bot) by utilizing the Website and services and subsequently publish the chatbot (Bot) to other platforms outside the Website, then it is your responsibility to operate as the data controller for the final users.

This privacy policy will help you understand the following:

1. How we collect and use personal information
2. Use of Cookies and similar technologies
3. How we store personal information
4. Cooperation with third parties, and transfer and disclosure of personal information
5. How we protect user information security
6. Management of personal information
7. Terms for minors' use
8. Revision and notification of privacy policy
9. Scope of application
10. How to contact us

1. How we collect and use personal information

1.1 Information we directly collect and use

We collect user information you actively provide and information collected through automated means during your use of the Website and Services. This includes, but is not limited to, the personal information you provide to the Website.

Note: If the collected information cannot identify your personal identity and is unrelated to you when used alone or combined with other information, it does not legally constitute your personal information. However, if the information can identify your personal identity either alone or when combined with other information, or if combined with data that cannot be linked to specific personal information, it will be processed and protected as personal information in accordance with this privacy policy. Personal information does not include data that has been anonymized.

1.1.1 When you register, authenticate, or log into the Website account

a. When you register or log in to BigHead Brother and related services, you can create an account via your phone number for registration. A phone number is necessary information to fulfill the legal and regulatory requirements for online real-name systems. If you do not provide a phone number for registration or login, we may be unable to provide you with functions such as creating a chatbot (Bot).

b. You can use third-party accounts to log in and use BigHead Brother. With your agreement, we will obtain public information you registered on third-party platforms (such as avatar, nickname, and any other information you authorize) and associate it with your BigHead Brother account, enabling you to log in and use the product and related services directly.

1.1.2 When you use the Website and related services

(1) We are dedicated to providing a safe and reliable product and use environment. To ensure the normal operation of our services and protect your or other users' legitimate interests, we will collect necessary information for the security and stable operation of the product or service.

(2) To ensure the normal operation and security of the website and services, and to prevent network attacks and risks, we will collect device information such as operating system type, version number, IP address, browser type, browser version, time zone, and language, as well as browsing records. Please understand that these are basic information required for providing and ensuring the normal operation of the service and network security.

(3) To enhance your service experience and ensure your usage safety, we may record network log information, as well as usage frequency, crash data, usage scenarios, and performance information.

(4) When you create a chatbot (Bot) via the Website, the Website will retain the information you input to create the chatbot (primarily your command information).

(5) We may collect user query records, malfunction records, and troubleshooting processes (such as communication records) generated from your use of the Website and Services. We will record and analyze these pieces of information to respond more promptly to your requests for assistance and improve our service.

(6) You acknowledge and agree that for the contact information (telephone number) you provide during the use of the product or services, we may send notices for the purposes of message notifications, identity verification, security verification, user experience surveys, etc., via one or more of these contact methods during our operations. Additionally, we may provide you with commercial messages, features, or activities of interest via SMS or phone calls. However, if you do not wish to receive these messages, you can unsubscribe according to the opt-out instructions in the received SMS, or directly contact us to unsubscribe.

(7) According to applicable laws and regulations, we may process your personal information using technical means to prevent precise identification of individuals from the data and conduct anonymized academic research or statistical analysis (including the data you input when creating a chatbot (Bot)) in order to continuously improve the recognition and response speed and quality of our algorithm models, and enhance the intelligence of services and our understanding of your inputs. We will use the information for purposes not specified in this policy or use information collected for specific purposes for other purposes, only after obtaining your prior consent.

2. Personal Information We May Obtain from Third Parties

To provide you with better, more optimized, and personalized services, our related companies, partners may share your personal information with us based on legal provisions or agreements with you, or with your consent. We will follow relevant laws and regulations to protect your personal information safety through industry-standard practices and exert our best efforts to ensure security.

3. Handling of Changes in Collection and Usage Purposes

As our services develop, they may undergo adjustments. Generally, when new features or services are related to our current offerings, the collection and use of personal information will be directly or reasonably associated with the original purpose. In cases where there is no direct or reasonable association with the original purpose, we will inform you through page prompts, interactive processes, or agreement confirmations, and seek your consent again.

4. BigHead Brother User Data

Your BigHead Brother User Data (including personal information) is handled as follows:

4.1 BigHead Brother User Data refers to: (1) All data (e.g., database information, plugins/API information uploaded by you) that you upload when using BigHead Brother features/services to create a chatbot (Bot). (2) All data processed by BigHead Brother during the running period after the chatbot (Bot) is published, including all text, audio, video, or image files, and software, along with data you can autonomously control and manage due to using BigHead Brother products or services (such as configuration and operational data).

4.2 You fully own your BigHead Brother User Data. As a neutral technology service provider, we strictly adhere to your instructions for processing your BigHead Brother User Data. We will not access or use or disclose your BigHead Brother User Data without authorization, except as required by law, specific product rules, or to provide technical assistance at your request.

4.3 You are responsible for the source and content of your BigHead Brother User Data. We suggest you carefully assess the legality of the data source and content. You must ensure the legal right to use the Website and services to process this data, and all processing activities must comply with relevant laws and regulations, avoiding any illegal, infringing, or contract-breaching activities, and the data should not be used for illegal purposes. You are solely responsible for all consequences and liabilities arising from the violation of laws, regulations, or policies due to the content of your BigHead Brother User Data or your processing activities.

4.4 With respect to any personal information contained in your BigHead Brother User Data, you should comply with legal obligations by informing and obtaining explicit consent from the relevant individuals prior to providing us with the data. You must provide written explanations and confirmations on the data sources and legality upon our request, specify the scope of personal information processing permissible usage, and when such processing exceeds the authorized consent, you must obtain explicit consent from the individual and provide us written proof upon request.

You understand and agree that unless you meet the aforementioned conditions and other legal obligations, you should not provide us with BigHead Brother User Data containing personal information. If you violate these obligations, fail to provide satisfactory proof, or receive complaints or reports from individuals, we have the right to unilaterally decide to refuse transmission of related data (such as through restricting service functions, freezing, canceling, or recovering account rights), or refuse to further process related personal information and associated data based on your instructions, and all liabilities will be borne by you.

4.5 You understand and agree that we provide you with a free data storage service for your BigHead Brother User Data, but we are not obligated to store your data and will not be responsible for any storage efforts or outcomes.

2. Use of Cookies and Similar Technologies

Cookies and similar technologies are commonly used on the Internet. When you use the Website, we may use these technologies to send one or more Cookies or anonymous identifiers to your device to collect and store your account information, search records, and login status information. Cookies help you avoid repeatedly entering specific information and streamline search processes, as well as improve service efficiency and response times.

You can manage or disable Cookies in your browser settings. However, disabling Cookies may affect your experience and the availability of certain features. We commit to using Cookies solely for purposes outlined in this privacy policy and not for other uses.

3. How We Store Personal Information

1. Location of Storage

According to relevant laws and regulations, we will store the personal information collected and generated within the People's Republic of China domestically within our operations. Currently, we do not transfer such information overseas. If we transfer personal information overseas, we will strictly comply with Chinese laws, regulations, and applicable laws in relevant countries or seek your consent.

2. Retention Period

3.1 We will retain your personal information only for as long as necessary to provide the Website and related services. Depending on different services and functional needs, necessary retention may differ. Standards for determining retention periods include: (1) The time needed to maintain personal information for a business purpose, including service provision, retention of transaction records in accordance with legal requirements, maintaining system and service safety, addressing possible user inquiries or complaints, and issue resolution. (2) Any longer retention period as agreed by the user. (3) Special requirements by law, contract, etc., for retaining personal information.

3.2 While you do not withdraw consent, delete, or cancel your account, we will retain your relevant information. After the necessary period, we will delete or anonymize the information, except where otherwise required by law.

4. Cooperating Parties and Transfer, Public Disclosure of Personal Information

1. Cooperating Parties in Data Usage

1.1 Principles (1) Legal Principle: Data usage with cooperating parties must be based on legal purposes and legally permissible grounds. If usage no longer conforms to legal principles, it should cease or resume with a valid legal basis. (2) Reasonable Necessity Principle: Data usage must serve a legitimate purpose and be limited to what is necessary to achieve that purpose. (3) Security Precaution Principle: We will evaluate carefully the data usage purposes of cooperating parties, comprehensively assess their security capabilities, and require them to adhere to cooperative legal agreements. We will conduct strict security monitoring of the SDKs and APIs that cooperating parties use to obtain information to protect data security.

1.2 Entrusted Processing For entrusted processing of personal information, we will sign processing agreements with the entrusted parties as required by law and supervise their use activities.

1.3 Joint Processing For joint processing of personal information, we will sign agreements and define respective rights and obligations with the parties as required by law to ensure compliance and data security.

1.4 Scope of Cooperating Parties If specific functions and scenarios involve services provided by our affiliates or third parties, the scope of cooperating parties includes our affiliates and third parties.

2. Situations Involving Joint or Entrusted Processing of Personal Information

2.1 Certain modules or functionalities within the Website and related services are provided by cooperating parties. You understand and agree that if we collaborate with any cooperating party, we will provide your personal information to them based on the principles of legality, rationality, and necessity, limited to what is necessary for the provision of the services. We will ensure that the cooperating parties comply with this privacy policy and other confidentiality and security measures we require, and prohibit the use of your information for any other purposes.

2.2 Protection of Service Safety and Data Analysis: (1) Service Safety: We prioritize account and service safety. To ensure the security of your account and assets, and to safeguard our legitimate interests, we and our cooperating parties need to use necessary device, account, and log information. (2) Service Usage Analysis: To analyze the usage of our services and enhance user experience, we and our cooperating parties will use your service usage statistics (such as crashes, app exits), which are difficult to link back to your identity.

2.3 Payment Function: The payment functionality, if provided, is handled by a third-party payment institution (e.g., Alipay, WeChat Pay). To provide this service, the third-party payment institution will use your name, credit card type and number, validity period, ID number, and phone number. This information is required for the payment function. Refusal to use this information will prevent you from using the payment feature, but will not affect the use of other functions.

3. Transfer of Personal Information

We will not transfer your personal information to any other third party, except where: 3.1 Based on your written request and meeting national internet information department regulations, we will provide a method for the transfer. 3.2 Upon obtaining your explicit consent, we will transfer your personal information to another third party. 3.3 In cases involving a change in the operating entity of the Website, merger, acquisition, or bankruptcy liquidation, and where personal information transfer is involved, we will inform you according to the law and require the new entity holding your information to continue adhering to this privacy policy or to protect your information at least to the same security level as required by this policy. Otherwise, we will require the entity to seek your authorization. If there is a bankruptcy with no承接方 (data承接方) capabilities, we will delete your information.

4. Public Disclosure of Personal Information

In principle, we will not disclose your personal information unless expressly consented by you or required by national laws and regulations.

4.1 With your express consent, we may disclose your personal information. We may disclose your information based on applicable laws or Website agreements or rules to protect the physical and property safety of Website users or the public. 4.2 Exceptions to Authorization Please understand that, according to laws, regulations, and relevant national standards, we may collect and use your personal information without your consent in the following situations: (1) When related to the fulfillment of our obligations under laws and regulations (2) When directly related to national security and national defense security (3) When directly related to public security, public health, and major public interest (4) When directly related to criminal investigation, prosecution, trial, and execution (5) To protect your or others' significant legal and personal rights and interests, where obtaining consent is difficult (6) Self-disclosure by you to the public (7) Necessary for the conclusion and execution of contracts according to your requirements (8) Collecting personal information from legally publicized information sources, such as legal media reports, government information disclosure channels, etc. (9) Necessary for the secure and stable operation of software and related services, such as finding and resolving software-related issues (10) Necessary for conducting legal news reporting (11) Necessary for academic research conducted in the public interest, including anonymization of results (12) Other circumstances stipulated by laws and regulations

Please note that if the information cannot be used alone or in combination with other information to identify your personal identity, it is not considered your personal information under the law. However, when the information can identify your personal identity either alone or in combination with other information, such information, when combined, will be treated and protected as your personal information according to our privacy policy.

5. How We Protect User Information Security

We value the security of your user information and will take reasonable security measures (including technical and management measures) to protect your information to prevent its misuse or unauthorized access, disclosure, usage, modification, damage, loss, or leakage.

1. We will use industry-standard encryption techniques and other reasonable feasible methods to protect your information, and use safety protection mechanisms to minimize the risk of malicious attacks.
2. We will establish specific security departments, security systems, and data security processes to ensure your information security. We will use strict data use and access systems to ensure that only authorized personnel can access your information, and conduct regular security audits according to the company's internal systems.
3. Please understand that despite the measures and compliance with standards of relevant laws, due to technical limitations and possible malicious means, it is impossible to ensure 100% security in the internet industry. We strive to ensure the security of the information you provide to us. You should be aware that system and communication networks may experience issues beyond our control. Thus, we strongly suggest you take proactive measures to protect your user information, such as using complex passwords, regularly changing passwords, and not disclosing your account and password information to others.
4. We will develop emergency response plans and immediately activate them in the event of a user information security incident to minimize the impact and consequences. Once such a security incident occurs (leakage, loss, etc.), we will notify you of the basic situation and possible effects, the measures already taken or to be taken, recommendations for personal precautions to reduce risk, and remedial measures, in compliance with applicable laws. We will promptly inform you of the event-related situation via push notifications, emails, letters, or text messages, and when difficult to notify individually, we will publish a reasonable and effective notice. We will also report the handling of user information security incidents to relevant regulatory authorities.

**We would like to particularly