We are BCM Social Corp. ("BCM", "we" or "us"), and we provide an instant messaging service ("BCM IM") to you.
1.1 Without our prior written approval, you cannot transfer your account to any other third party or let any third party use or control the use of your account.
1.2 You can create an account for anyone , in any event, BCM would not disable your account unless you violate any applicable laws.
1.3 Although BCM will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BCM or others due to such unauthorized use.
1.4 We generally collect personal data about you in the following ways:
i. when you submit a query or request to us;
ii. when you respond to a survey that we run or fill in forms on the BCM IM;
iii. from public sources;
iv. from examination of public blockchains;
v. from third parties who are entitled to disclose that information to us.
1.5 In general, we will directly collect the personal data from you. In some cases, we may collect personal data from a third party, including through your representatives, contractors who provide services to us, provided such third party shall represent such collection is permitted by your under your agreement or arrangement with such third party.
1.6 The kinds of personal data that we collect, hold, and process about you may include:
i. information about how many users are active in the products and what feature they use more.
1.7 We collect, hold, process and/or use your personal data for the following purposes, including without limitation:
i. to enable us to provide our products and services, including the BCM IM services;
ii. to assess, maintain, upgrade and improve the BCM IM and related services based on your information and feedback;
iii. to answer your queries and requests;
iv. to conduct "know-your-client" processes;
v. to carry out market analysis and research;
vi. to monitor use of our products and services;
vii. to carry out education and training programs for our staff;
viii. to manage and resolve any legal or commercial complaints or issues;
ix. to carry out planning and forecasting activities and other internal business processes;
x. to keep you informed about our activities.
1.8 Privacy-relevant permissions will be specifically requested by BCM IM in the following circumstances:
i. Phone information: Such permission is triggered by Google Play Install referrer API, which allows BCM IM to collect information of application downloading and usage. However, we won't collect telephony information, such as IMEI and device ID. or contacts.
ii. Location: We will obtain your permission in obtaining access to your location information in your device. Such permission will allow you to share your location information with other users.
iii. Camera: We will obtain your permission in obtaining the access to your camera or capturing images/video from your device. This permission will allow BCM IM to capture your photo to be viewed in the profile, or allows you to take photos and send to your friends on BCM IM.
iv. Microphone: We will obtain your permission in obtaining the access to your microphone in your device. Such permission will allow you to voice chat with people you meet on BCM IM.
v. Storage: We will obtain your permission in obtaining your information that is associated with accessing and uploading from the storage in your device. Such permission will allow BCM IM to download chat resources, and upload your photos from the gallery in the device to the profile or to friends on BCM IM.
vi. Advertising ID: We will obtain your permission in obtaining information that is associated with accessing advertising ID provided by google play. Such permission will allow BCM IM to collect your data of downloading and using BCM IM, so as that the user experience and the strategy of advertising BCM IM in the market can be improved.
1.9 we may have overseas servers. In such overseas location(s), the data protection laws may not be substantially similar to, or serve the same purposes as the applicable data privacy laws in British Virgin Islands. This means your personal information may not be protected to the same or similar level in [British Virgin Islands]. We will comply with any law applicable to international transfer of personal data.
1.10 Our directors, managers, officers and employees, have no access to modification of your information.
1.11 Your personal data will only be kept as long as required for the purposes for which such personal data was collected, held, processed, used and/or disclosed, or for any legal or business purposes.
We would like to make sure you are fully aware of all of your data protection rights. You are entitled to the following:
2.1 The right to access - You have the right to request us for copies of your personal data. We may charge you a small fee for this service.
2.2 The right to rectification - You have the right to request that we correct any information you believe is inaccurate. You also have the right to request us to complete the information you believe is incomplete.
2.3 The right to erasure - You have the right to request that we erase your personal data, under certain conditions.
2.4 The right to restrict processing - You have the right to request that we restrict the processing of your personal data, under certain conditions.
2.5 The right to object to processing - You have the right to object to our processing of your personal data, under certain conditions.
2.6 The right to data portability - You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
2.7 If you make a request, we have [one month] to respond to you. If you would like to exercise any of these rights, please contact us at our email: email@example.com
3.1 You hereby grant BCM a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit and perform the text, data, images, graphics, audio and/or video information and other materials produced when using our app or service and are protected by copyright, trademark and/or other property rights laws.
3.2 BCM shall not be liable for any loss or damage incurred by you when using BCM IM or service or incurred by systematic problem.
3.3 Any intellectual property rights of any software, works (including but not limited to, any images, photos, animations, video recordings, audio recordings, music, text, add-on programs and supplementary material) belonging to us and any third party shall not be infringed. You cannot reverse engineer, decompile or disassemble such software or works without the prior permission from us or the third party copyright holder.
3.4 Messages, photos, files will highly encrypted and stored on your phone or local device.
4.1 To the fullest extent permitted by law, in no event shall BCM, its officers, directors, managers, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any of the following,
i. errors, mistakes, or inaccuracies of what you produce on BCM IM or other social media;
ii. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our services;
iii. any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
iv. any interruption or cessation of transmission to or from our services;
v. any bugs, viruses, trojan horses, or the BCM IM, which may be transmitted to or through our services by any third party; and/or
vi. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not BCM is advised of the possibility of such damages.
4.2 To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless towards BCM, its shareholders and affiliates, and their officers, directors, managers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
i. your use of and access to use any and all functions provided by BCM IM;
iii. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
iv. any claim that any of your message contents or videos has caused damage to a third party.
5.2 For any dispute arising out of or related to the BCM IM services, the parties agree that such dispute shall be submitted to British Virgin Islands International Arbitration Center in accordance with its arbitration rules in force at the time of applying for arbitration. The seat of the arbitration shall be British Virgin Islands. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in the English language.
5.8 Should you wish to report a complaint or if you feel that we have not addressed your concern in a satisfactory manner, you may contact the relevant supervision authorities, whose email addresses and post addresses will be sent to you by email or webmail or posted on our website or application.