Privacy Policy

Welcome to Makebell (the “Platform”). The Platform is provided and controlled by Makebell Ltd., with its registered address at 41 Ha Shan Kai Wat, Fanling NT, Hong Kong (“Makebell”, “we” or “us”).

We are committed to protecting and respecting your privacy.  This policy explains our practices concerning the personal data we collect from you, or that you provide to us. If you do not agree with this policy, you should not use the Platform.

If you have any questions about how we use your personal data, contact us at info@ricciwawa.com

SUMMARY

What information do we collect about you?

We collect and process information you give us when you create an account and upload content to the Platform. This includes technical and behavioural information about your use of the Platform.  We also collect information about you if you download the app and interact with the Platform without creating an account.

How will we use the information about you?

We use your information to provide the Platform to you and to improve and administer it.  We use your information to, among other things, show you suggestions, improve and develop the Platform and ensure your safety.  Where appropriate, we will also use your personal information to serve you targeted advertising and promote the Platform.

Who do we share your information with?

We share your data with third party service providers who help us to deliver the Platform, such as cloud storage providers. We also share your information with business partners, other companies in the same group as Makebell, content moderation services, measurement providers, advertisers, and analytics providers. Where and when required by law, we will share your information with law enforcement agencies or regulators, and with third parties pursuant to a legally binding court order.

How long do we keep hold of your information?

We retain your information for as long as it is necessary to provide you with the service. Where we do not need your information in order to provide the service to you, we retain it only as long as we have a legitimate business purpose in keeping such data or where we are subject to a legal obligation to retain the data. We will also retain your data if we believe it is or will be necessary for the establishment, exercise or defence of legal claims.

How will we notify you of any changes to this Privacy Policy?

We will generally notify all users of any material changes to this policy through a notice on our Platform. However, you should look at this policy regularly to check for any changes. By accessing or using the Platform, you acknowledge that you have read this policy and that you understand your rights in relation to your personal data and how we will collect, use and process it.

The types of personal data we use

We collect and use the following information about you:

• Your Profile Information. You give us information when you register on the Platform, including your username, password, date of birth (where applicable), email address and/or telephone number, information you disclose in your user profile.
• Content and Behavioral Information. We process the content you generate and view on the Platform, including preferences you set (such as choice of language) photographs, audios and videos you upload or create, comments and livestreams you make (“Content”). We collect Content through pre-loading at the time of creation, import, or upload, regardless of whether you choose to save or upload that Content, in order to recommend audio options and provide other personalized recommendations. If you apply an effect to your Content, we may collect a version of your Content that does not include the effect. We may collect information about the images and audio that are a part of your Content, such as identifying the objects and scenery that appear, the existence and location within an image of face and body features and attributes, the nature of the audio, and the text of the words spoken in your Content. We may collect this information to enable special video effects, for content moderation, for demographic classification, for content and ad recommendations, and for other non-personally-identifying operations. We may access content, including text, images, and video, found in your device’s clipboard, with your permission. We collect information through surveys, challenges and competitions in which you participate. We also collect information regarding your use of the Platform, e.g., how you engage with the Platform, including how you interact with content we show to you, the ads you view, videos you watch and problems encountered, the content you like, the content you save to ‘My Favourites’, the users you follow and how you engage with mutual followers.  We also infer your preferences, including your interests, gender and age for the purpose of personalising content. We process information about your followers, the likes you receive and responses to content you upload, for the purposes of promoting your content to other users and exploring whether your profile presents further opportunities for collaboration. Where appropriate, we will also use this information for the purpose of serving personalised advertising and to tell you about new services and opportunities. 
• Information from Third Parties. You may choose to share certain data with us from third parties or through your use of the Platform, we may collect such third party data automatically. We have set out further detail on the information we receive from third parties below:

The types of personal data we use

We collect and use the following information about you:

• Your Profile Information. You give us information when you register on the Platform, including your username, password, date of birth (where applicable), email address and/or telephone number, information you disclose in your user profile.
• Content and Behavioral Information. We process the content you generate and view on the Platform, including preferences you set (such as choice of language) photographs, audios and videos you upload or create, comments and livestreams you make (“Content”). We collect Content through pre-loading at the time of creation, import, or upload, regardless of whether you choose to save or upload that Content, in order to recommend audio options and provide other personalized recommendations. If you apply an effect to your Content, we may collect a version of your Content that does not include the effect. We may collect information about the images and audio that are a part of your Content, such as identifying the objects and scenery that appear, the existence and location within an image of face and body features and attributes, the nature of the audio, and the text of the words spoken in your Content. We may collect this information to enable special video effects, for content moderation, for demographic classification, for content and ad recommendations, and for other non-personally-identifying operations. We may access content, including text, images, and video, found in your device’s clipboard, with your permission. We collect information through surveys, challenges and competitions in which you participate. We also collect information regarding your use of the Platform, e.g., how you engage with the Platform, including how you interact with content we show to you, the ads you view, videos you watch and problems encountered, the content you like, the content you save to ‘My Favourites’, the users you follow and how you engage with mutual followers.  We also infer your preferences, including your interests, gender and age for the purpose of personalising content. We process information about your followers, the likes you receive and responses to content you upload, for the purposes of promoting your content to other users and exploring whether your profile presents further opportunities for collaboration. Where appropriate, we will also use this information for the purpose of serving personalised advertising and to tell you about new services and opportunities.
• Information from Third Parties. You may choose to share certain data with us from third parties or through your use of the Platform, we may collect such third party data automatically. We have set out further detail on the information we receive from third parties below:

Advertisers, Advertising Networks, and Analytic Providers

We use the information collected from you, and your interaction with the Platform and other third-party sites and Apps, to infer your likely interests to provide you with more relevant advertising. This information tells us about websites you've visited, apps you've downloaded and purchases you have made so that we can predict what else might interest you in the future and assess how effective the advertising on our Platform is. We collect this information by the use of Cookies and similar technologies on our Platform and from similar information received from third parties who advertise on our Platform and whose sites/Apps you visit.

Technical Information we collect about you.

We collect certain information about the device you use to access the Platform, such as your IP address, user agent, mobile carrier, time zone settings, identifiers for advertising purposes, model of your device, the device system, network type, device IDs, your screen resolution and operating system, app and file names and types, keystroke patterns or rhythms, battery state, audio settings and connected audio devices. Where you log-in from multiple devices, we will be able to use your profile information to identify your activity across devices. We may also associate you with information collected from devices other than those you use to log-in to the Platform.

Other information we collect include:

• Location. We collect information about your approximate location, including location information based on your SIM card and/or IP address. With your permission, we may also collect precise location data (such as GPS).
• Proof of your identity, age or affiliation. We sometimes ask you to provide proof of identity, age or affiliation for access to the Services or for reasons of Security and Safety. 

Cookies

We and our vendors and service providers use cookies and other similar technologies (e.g., web beacons, flash cookies, etc.) (“Cookies”) to automatically collect information, measure and analyze which web pages you click on and how you use the Platform, enhance your experience using the Platform, improve our services, and provide you with targeted advertising on the Platform and elsewhere across your devices. Cookies enable the Platform to provide certain features and functionality. Web beacons are very small images or small pieces of data embedded in images, also known as “pixel tags” or “clear GIFs,” that can recognize Cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. By using the Platform, you consent to our use of Cookies.

Additionally, we may allow our business partners, advertising networks, and other advertising vendors and service providers (including analytics vendors and service providers) to collect information about your online activities through Cookies. We link your contact or subscriber information with your activity on our Platform across your devices, using your email or other log-in or device information. These third parties may use this information to display advertisements on our Platform and elsewhere online tailored to your interests, preferences, and characteristics. We are not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by this Privacy Policy.

You may be able to refuse or disable Cookies by adjusting your browser settings. Because each browser is different, please consult the instructions provided by your browser. Please note that you may need to take additional steps to refuse or disable certain types of Cookies. For example, due to differences in how browsers and mobile apps function, you may need to take different steps to opt out of Cookies used for targeted advertising in a browser and to opt out of targeted advertising for a mobile application, which you may control through your device settings or mobile app permissions. In addition, your opt-out selection is specific to the particular browser or device that you are using when you opt out, so you may need to opt-out separately for each of browser or device. If you choose to refuse, disable, or delete Cookies, some of the functionality of the Platform may no longer be available to you.

How we use your personal data

We will use the information we collect about you in the following ways:

• notify you about changes to our service;
• provide you with user support;
• personalise the content you receive and provide you with tailored content that will be of interest to you;
• enable you to share Content and interact with other users;
• enable our messenger service to function if you choose to use this function;
• enable you to participate in the virtual items program;
• communicate with you;
• to help us detect and combat abuse, harmful activity, fraud, spam, and illegal activity on the Platform;
• ensure your safety and security including reviewing Content, messages and associated metadata for breach of our Community Guidelines and other inappropriate content;
• ensure content is presented in the most effective manner for you and your device;
• improve, promote and develop the Platform and promote popular topics, hashtags and campaigns on the Platform;
• carry out data analysis and test the Platform to ensure its stability and security;
• allow you to participate in interactive features of the Platform;
• to enable you to socialise on the Platform, for example, by allowing other users to identify you via the "Find other friends" function or through their phone contacts; 
• to ensure that you are old enough to use our Platform (as required by law).
• provide you with personalised advertising;
• provide you with location-based services (where those services are available in your jurisdiction);
• to inform our algorithms
• enforce our terms, conditions and policies;
• administer the Platform including troubleshooting; and
• to facilitate sales, promotion, and purchase of goods and services and to provide user support

How we share your personal data

We share your data with the following selected third parties:

Payment Providers

If you choose to conduct payment related transactions, we will share data with the relevant payment provider to facilitate this transaction.

Service Providers 

We provide information and content to service providers who support our business, such as cloud service providers and providers of content moderation services to ensure that the Platform is a safe and enjoyable place and service providers that assist us in marketing the Platform.

Analytics

We use analytics to help us in the optimisation and improvement of the Platform.

Advertisers and Advertising Networks

We may share information with advertisers and third-party measurement companies to show how many and which users of the Platform have viewed or clicked on an advertisement. We share your device ID with measurement companies so that we can link your activity on the Platform with your activity on other websites; we then use this information to show you adverts which may be of interest to you.

Our Corporate Group

We may also share your information with other members, subsidiaries, or affiliates of our corporate group, to provide the Platform including improving and optimising the Platform, preventing illegal use and supporting users.

Law Enforcement

We will share your information with law enforcement agencies, public authorities or other organisations if legally required to do so, or if such use is reasonably necessary to:

• Comply with legal obligation, process or request;
• Enforce our Terms and other agreements, policies, and standards, including investigation of any potential violation thereof;
• Detect, prevent or otherwise address security, fraud or technical issues; or
• Protect the rights, property or safety of us, our users, a third party or the public as required or permitted by law (including exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction).

Public Profiles

Please note that if your profile is public, your content will be visible to anyone on the Platform and may also be accessed or shared by your friends and followers as well as third parties such as search engines, content aggregators and news sites.

Sale or Merger

We will also disclose your information to third parties:

• In the event that we sell or buy any business or assets (whether a result of liquidation, bankruptcy or otherwise), in which case we will disclose your data to the prospective seller or buyer of such business or assets; or
• If we sell, buy, merge, are acquired by, or partner with other companies or businesses, or sell some or all of our assets. In such transactions, user information may be among the transferred assets.

Where we store your personal data

The personal data we collect from you may be stored on a server located outside of the country where you live. We maintain major servers around the world to bring you our services globally and continuously.

Your Choices

You can access and edit most of your profile information by signing into the Services. You can delete the Content you uploaded. Should you choose to do so, you may delete your entire account in Settings. You may also be afforded rights in your country under applicable laws such as the ability to access your data, delete your data, and potentially others. If you have any questions on how to use those tools, or want to know about any rights you may have in the country where you live and want to exercise them, please contact us at: info@ricciwawa.com

The security of your personal data

We take steps to ensure that your information is treated securely and in accordance with this policy. Unfortunately, the transmission of information via the internet is not completely secure. Although we will protect your personal data, for example, by encryption, we cannot guarantee the security of your information transmitted via the Platform; any transmission is at your own risk.

We have appropriate technical and organizational measures to ensure a level of security appropriate to the risk of varying likelihood and severity for the rights and freedoms of you and other users. We maintain these technical and organizational measures and will amend them from time to time to improve the overall security of our systems.

We will, from time to time, include links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any information to these websites.

How long we keep your personal data

We retain your information for as long as it is necessary to provide you with the service. Where we do not need your information in order to provide the service to you, we retain it only for so long as we have a legitimate business purpose in keeping such data. However, there are occasions where we are likely to keep this data for longer in accordance with our legal obligations or where it is necessary for the establishment, exercise or defence of legal claims.

Information relating to children

The Platform and Services are not directed at children under the age of 13. In certain cases this age may be higher due to local regulatory requirements, please see your local privacy policy for more information. If you believe that we have personal data about or collected from a child under the relevant age, contact us at: info@ricciwawa.com

Complaints

In the event that you wish to make a complaint about how we process your personal data, contact us immediately at: info@ricciwawa.com. We will endeavour to deal with your request as soon as possible. This is without prejudice to your right to launch a claim with the relevant data protection authority.

Changes

We may update this Privacy Policy from time to time and will provide notice required by applicable law. Your continued access to or use of the Platform after the date of the updated policy constitutes your acceptance of the updated policy. If you do not agree to the updated policy, you must stop accessing or using the Platform.

Contact

If you have questions, comments, or requests regarding this policy, contact us at: info@ricciwawa.com

Creator Privacy Promise

Makebell empowers Creators to earn funds from Subscribers, these additional terms apply to Creators.

Creator Agreement

To facilitate this direct connection Makebell may provide the personal data of Subscribers (“Subscriber Data”) to Creators. Creators then process Subscriber Data in order to provide Subscribers any and all products or services as part of that Creator’s membership business on Makebell (collectively known as “Membership Services”). Makebell requires all Creators to agree to our Privacy Policy, including this Creator Privacy Promise,to ensure that Creators respect the privacy rights of Subscribers when processing Subscriber Data.

This Privacy Promise is between Makebell and Creators, taking effect from the moment a Makebell account is created and applies exclusively to the Subscriber Data collected by Makebell and provided to Creators for the purpose of running a membership business with Makebell.

This Privacy Promise will outline certain requirements for Creators to process Subscriber Data during and beyond their relationship with Makebell.

Definitions

• "Data Protection Legislation" means all applicable laws relating to privacy and the processing of personal data that may exist in any relevant jurisdiction, including, where applicable, the guidance and codes of practice issued by the supervisory authorities. Data Protection Legislation includes, but is not limited to, Hong Kong’s Personal Data (Privacy) Ordinance (Cap. 486), European Directives 95/46/EC and 2002/58/EC (as amended by Directive 2009/136/EC) and any legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts or consolidates any of them, including the General Data Protection Regulation (Regulation (EU) 2016/279).
• "Good Industry Practice" means exercising the same skill, expertise and judgement and using facilities and resources of a similar quality as would be expected from a person who:(a) is skilled and experienced in providing the services in question, seeking in good faith to comply with his contractual obligations and seeking to avoid liability arising under any duty of care that might reasonably apply; (b) takes all proper and reasonable care and is diligent in performing his obligations; and (c) complies with the Data Protection Legislation.
• The terms "data controller", "data processor", “sub processor”, "data subject", "personal data", "processing", and "appropriate technical and organizational measures" shall be interpreted in accordance with applicable Data Protection Legislation, in the relevant jurisdiction.

Scope

The parties agree that Makebell is a data controller and that Creator is a data processor in relation to Subscriber Data that Creator processes in the course of providing Membership Services. The subject matter of the data processing, the types of personal data processed, and the categories of data subjects will be defined by, and/or limited to, those necessary to carry out the Membership Services. The processing to which this Privacy Promise applies will be carried out by Creator upon leaving the Services or Platform. The subject matter, duration, nature, and purpose of the processing of the personal data as well as the type of personal data and categories of data subjects covered by this Privacy Promise are as follows:

1. The subject matter of the data processing is Subscriber Data
2. The duration of the processing is for as long as Creator holds Subscriber Data.
3. The nature and purpose of the processing under this Privacy Promise is limited to a Creator’s fulfilment of the Creator’s obligations to the Subscriber.
4. The type of personal data covered by this agreement is contact information, including but not limited to username, email address, shipping address and transaction amounts.

Data Protection

Creator shall adhere to the following requirements:

1. Processing as Instructed. Creators will process Subscriber Data only in accordance with the Terms and this Privacy Policy and only in compliance with Data Protection Legislation. The nature and purpose of the processing shall be limited to that necessary to carry out such instructions, and not for Creator's own purposes, or for any other purpose except as required by law. If Creator is required by law to process the personal data for any other purpose, Creator will inform Subscriber of such requirement prior to the processing unless prohibited by law from doing so.
2. Extent of Processing. Creator will process the personal data only to the extent, and in such manner, as is necessary for the provision of Membership Services.
3. Appropriate Technical and Organizational Measures. Creator will implement and maintain appropriate technical and organizational measures designed to protect the personal data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure. The measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, damage or theft of the personal data and having regard to the nature of the personal data which is to be protected and as a minimum shall be in accordance with the Data Protection Legislation and Good Industry Practice.
4. Transfer to Third Parties. Creator will not give access to or transfer any personal data to any third party (including any affiliates, group companies or subcontractors) without the prior consent of Makebell. Creator must also ensure the reliability and competence of such third parties, its employees or agents who may have access to the personal data processed in the provision of Membership Services, and must include in any contract with such third party provisions protecting Subscriber which are equivalent to those in this Privacy Promise and the Terms of Service and as are required by applicable Data Protection Legislation.
5. Reliability and Competence of Creator Personnel. Creator will take reasonable steps to ensure the reliability and competence of any Creator personnel who have access to Subscriber Data. Creator will ensure that all Creator personnel required to access the personal data are informed of the confidential nature of the personal data and comply with the obligations set out in this Privacy Promise.
6. Acknowledgement of Data Protection Legislation and Assistance. Creator will take all reasonable steps to assist Makebell in complying with applicable Data Protection Legislation. For example, Creator will promptly inform Makebell in writing if it receives: (i) a request from a data subject concerning any personal data; or (ii) a complaint, communication, or request relating to Subscriber’s obligations under Data Protection Legislation.
7. Destruction or Return of Property Upon Membership Services Completion. Creator will not retain any of the personal data for longer than is necessary to provide Membership Services. At the end of Membership Services, or upon Subscriber's request, Creator will securely destroy or return (at Subscriber’s election) the personal data to Subscriber.
8. Loss or Security Breach. If Creator becomes aware of any accidental, unauthorized or unlawful destruction, loss, alteration, or disclosure of, or access to Subscriber Data processed by Creator in the course of providing Membership Services, it will do the following:
1. Provide notice to Makebell. Creator shall promptly and without undue delay notify Makebell and provide Makebell with: a detailed description of the Loss or Security Breach; the type of data that was the subject of the Loss or Security Breach; the identity of each affected person if known, and the steps Creator has taken or will take in order to mitigate and remediate such Security Breach, in each case as promptly as such information can be collected or otherwise becomes available (as well as periodic updates to this information and any other information Makebell may reasonably request relating to the Loss or Security Breach); and
2. Investigate the Matter promptly. Creator shall promptly take action, at its own expense, to investigate the Loss or Security Breach and to identify, prevent and mitigate the effects of the Loss or Security Breach and to carry out appropriate recovery actions to remedy the Loss or Security Breach.
9. Compliance with Data Protection Legislation. Creator shall comply at all times with and assist Makebell in complying with its applicable obligations under Data Protection Legislation. Creator shall provide reasonable information requested by Makebell to demonstrate compliance with the obligations set out in this Privacy Promise. The Creator will notify Makebell immediately if, in Creator's opinion, an instruction for the processing of personal data given by Makebell violates any country’s data privacy legislation.