[ Aplexity Apps ]

Aplexity Limited (“we”, “us”, or the “Company”) respects your privacy and is committed to protecting it through the introduction and implementation of this document (“Privacy Policy” or “Policy”).

We aim to process the personal data (“Personal Data”) of users in accordance with general principles of privacy and the provisions of the applicable data protection legislation to the relevant person, particularly the Hong Kong Personal Data (Privacy) Ordinance (Cap. 486) (“PDPO”) and the EU General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”), recommendations provided by the Model AI Personal Data Protection Framework adopted by the Hong Kong Office of the Privacy Commissioner for Personal Data and other applicable legislation (“Applicable Legislation”).

This policy governs how we handle the personal data of our users via using our mobile application ChatCom (“App”) that is developed, owned, maintained, used and being sold by the Company, as well as via accessing the Company’s website aplexityai.com (“Website”). For the purposes of this Privacy Policy, both the App and the Website shall be referred below as “App”.

Please review and express consent to this Data Privacy Policy in cases as set forth below, so that you acknowledge and understand the purposes for which we collect, use, store, share, transmit, delete or otherwise process (collectively, “process”) your Personal Data.

Personal Data means any information relating to you directly or indirectly, from which it is practicable for your identity to be directly or indirectly ascertained, or such wider definition as may be prescribed in the Personal Data (Privacy) Ordinance (Cap. 486) and other Applicable Legislation.

Your personal data, which you provided/will provide to our Company and/or obtained by our Company by any external means, may be processed by our Company as “Data User”:

• (i) In the context of the objective of processing your personal data and in connection with this purpose, in a limited and measured manner,
• (ii) By maintaining the accuracy and up-to-date version of the personal data as reported or notified to our Company,
• (iii) May be recorded, stored, preserved, reorganized and be transferred to the organizations authorized to request such personal data by law and shall be transferred, classified and shared with third parties within the country or abroad under the conditions stipulated by legislation and upon your explicit consent if necessary, and they may be processed by other means listed under the legislation and be subject to other procedures set forth in the applicable legislation.

This Privacy Policy is adopted for the continuance and improvement of the activities carried out by us in line with the principles set forth in the Hong Kong PDPO, GDPR and other applicable legislation.

The terms of the Privacy Policy listed below form an integral part of the terms of use of the Application (the “Terms of Use”). The Company may from time to time change the Privacy Policy and Terms of Use, jointly or severally, to reflect technological, business, legal or regulatory changes. Updates regarding the Privacy Policy will be published in this document, which may be found in its updated format in the App. Use of the App is subject to its current Privacy Policy and will indicate your consent to the Privacy Policy as well as changes to it – therefore we recommend reviewing the Privacy Policy from time to time.

All definitions and terms in the Privacy Policy will have the same meanings as in the Terms of Use, unless the context otherwise requires.

Your continued use of the App after we make such updates, modifications, and changes is deemed to be acceptance of such, so please check the Policy periodically for updates.

1. TYPES OF PERSONAL DATA COLLECTED

We collect the following types of Personal Data:

• Basic contact details, such as name, address, phone number, and email (“Contact Information”). We use this information where necessary to perform our contract obligations with you in regards with your use of the App, and to communicate with you (including, with your consent where required, to tell you about certain promotions or products or services that may be of interest to you).
• Account information, such as name, username, e-mail and password (“Account Information”). We use this information where necessary to perform our contract with you to provide the Services and to maintain and secure your account with us. If you choose to register an account, you are responsible for keeping your account credentials safe. We recommend you do not share your access details with anyone else. If you believe your account has been compromised, please contact us immediately via e-mail below.
• Payment information, such as credit or debit card information and billing address, which we collect using a third party payment processor (“Payment Information”). We use this information where necessary to perform our contract with you to process your payment and provide you with access to the App.
• Your input and output, such as questions, prompts and other content that you input, upload or submit in the App, and the output that you create, and any collections or pages that you generate using the App. This content may constitute or contain personal information, depending on the substance and how it is associated with your account. We use this information where necessary to perform our contract with you to generate and output new content as part of the Services. If you make content publicly available or share content with third parties, please note that it may be stored, displayed, reproduced, published, or otherwise used or disclosed without your permission, and may or may not be attributed to you.
• Any other information you choose to include in communications with us when necessary to perform our contract with you, for example, when sending a message through the Services or providing your size when purchasing certain products (“Other Information You Provide”).

Information Collected Automatically

We and certain third parties also automatically collect certain information about your interaction with the App (“Usage Data”) through the use of cookies, pixels, tags and other tracking technologies (“Tracking Technologies”). Usage Data includes:

• Device information, such as device type, operating system, unique device identifier, and internet protocol (IP) address.
• Location information, such as approximate location.
• Other information regarding your interaction with the Services, such as browser type, log data, date and time stamps, clickstream data, interactions with marketing emails, and ad impressions.

Information Collected From Other Sources

We may obtain information about you from outside sources, including information that we collect directly from third parties and information from third parties that you choose to share with us. Such information includes:

• Analytics data we receive from analytics providers such as Google Analytics (“Analytics Information”), which we use in our legitimate interests to understand your interaction with, and improve, our App.
• Information we receive from consumer marketing databases or other data enrichment companies, which we use in our legitimate interests to better customize advertising and marketing to you (“Advertising Information”).
• Information we receive from business partners and other companies that we partner with to provide you with free or discounted access to App or other offers or promotions, which we use in our legitimate interests to provide you with free or discounted access to the App (“Partner Information”).
• Information we receive when you choose to link any third-party platforms to your account, such as when you sign into your account through Google or Apple (“Third Party Platform Information”). We use this information only where necessary to perform our contract with you, to maintain your account and login information and to provide you with the Services, including to generate and output new content. Third Party Platform Information may include your name, profile picture and email address.
• Information from publicly accessible sources, such as information that’s publicly available online (like articles, websites, and journals) or from other public sources, which we use where necessary to perform our contract obligations with you (“Public Information”).

2. PURPOSE OF COLLECTING PERSONAL DATA

We will collect your Personal Data:

• when you provide such data to us directly via accessing the App, downloading the App, or contacting us via e-mail;
• via electronic or physical platforms, your mobile device, third party applications or third party sources which you can access the App via these app stores such as Apple App Store, Google Play App Store (similar platforms together with “App Stores”);
• when you submit such data to us on via accessing the App (for example, by completing and submitting any forms);
• from third parties in marketing events;
• from publicly available sources of information;
• when you navigate through the App; and
• when we are required to do so by law or regulation.

Additionally to described above, we may use your Personal Data:

• to process your account in our App or renewal;
• for direct marketing purposes to send you information, newsletters and other materials about us, our business partners, and event invitations both in print and in electronic form (see “Direct marketing” below);
• to make your Personal Data available to the third affiliated parties;
• to collate data and prepare reports on our operations;
• to process billing and payment, to determine amounts outstanding, and, if necessary, to collect outstanding payments;
• to communicate with you regarding your use of the Application and assist with your queries; and
• to make such disclosures as required by applicable laws or regulations.

While the supply of your Personal Data is voluntary, if you choose not to provide your Personal Data to us, we may not be able to provide you with the information or our services you require.

We will process your Personal Data fairly and only for those purposes we have told you, for purposes permitted by you or as permitted by applicable laws or regulations. In addition, you may object to certain types of processing as expressly permitted by applicable laws or regulations.

If you provide us with Personal Data about another person, you declare and warrant that you have obtained their consent to the processing and transferring of their Personal Data to us and that you have informed them of our identity and the purposes (as set out above) for which their Personal Data will be processed and used by us.

3. DIRECT MARKETING

We intend to use your name, telephone numbers and email address for direct marketing purposes to send you information, newsletters and other materials about us and event invitations. We will not use your Personal Data for direct marketing without your consent (or indication of no objection). If you consider this use of your Personal Data unacceptable, please indicate your objection by emailing us at:

support@aplexityai.com

At any stage thereafter you may choose not to receive any or all of our promotional or marketing materials of us and event invitations (whether in the form of email or mailings). You may do this by again contacting us by email at: support@aplexityai.com

We may also share your Personal Data with our business partners or other affiliated third parties for marketing purposes or we may send you information about other organizations’ goods and services.

We, our business partners and other affiliated third parties may contact you by e-mail or other electronic messaging service with offers of goods and services or information that may be of interest to you. By providing us with your email address you consent to being contacted by these methods for these purposes.

If you do not want us to share your Personal Data with our business partners and/or any our affiliated third parties kindly send an email to support@aplexityai.com stating your demand for us not to share your Personal Data for the purposes listed in the above paragraph.

4. TRANSFER OR DISCLOSURE OF PERSONAL DATA

We won’t transfer your Personal Data to any third parties, either affiliated or not affiliated to us, except the specific classes of data transferees listed in this paragraph.

Personal Data collected and held by us will be kept confidential, but where disclosure is necessary for us to (a) comply with legal or regulatory obligations or requirements set forth by the Applicable legislation, or (b) provide services to you, or (c) carry out our business purposes, or a directly related purpose specified above, for which the Personal Data were collected, those Personal Data may be provided to the following parties, whether located within or in other jurisdictions outside Hong Kong, such as the member-states of the European Union:

• the assigned [Data Protection Officer (DPO) who is responsible for ensuring compliance with all Applicable Legislation and with this Policy; for administering and overseeing implementation of this Policy and, as applicable, developing related operating procedures, processes, policies, notices, and guidelines.
• Our affiliates in accordance with our contract with you, and for internal administration or support purposes, in our legitimate interest to run a successful business and in order to provide you with access to the App and allow you to use the App.
• Service providers who provide us with the services allowing you to use the App, including for system administration, cloud storage, generative AI and content creation, security, customer transaction facilitation and relationship management, marketing communications, web analytics, payment networks, and payment processing.
• Business partners through whom you receive access to our App, including via use of a promotion code or other method provided by such business partners, in our legitimate interest to provide you with free or discounted access to our Services.
• Other third parties, including other users: third parties to whom you request or direct us to disclose information, such as through your use of social media widgets or login integrations, when you send an email or interact with your third party email or calendar account through the App, or otherwise choose to share or make output or other information visible to others, including other users. We do this as necessary for the performance of a contract, or in our legitimate interest to provide you with access to the App and integrations with third parties, or with your consent.
• Advertising Partners: Third parties who display advertising information on our Services or otherwise assist with the delivery of ads.
• Professional Advisors: As necessary, we will share your personal data with professional advisors such as auditors, law firms, or accounting firms.

If the third parties to whom we disclose Personal Data are located outside Hong Kong jurisdiction, the collection, storage, disclosure, transfer and processing of the Personal Data shall be subject to the conditions and the requirements provided by GDPR and other applicable legislation.

The collected Personal Data may be transmitted to and stored in the data centers of third-party data storage provider(s) within or outside of Hong Kong, including United States of America.

5. USE OF PERSONAL DATA IN LEGAL PROCEEDING

If it is required that we have to take action against you for any reason whatsoever including recovering from you any money you owe us, you expressly agree that the Personal Data provided by you can be relied upon in identifying and taking legal action against you.

6. ACCESS, CORRECTIONS AND INQUIRIES AND OTHER RIGHTS

You have the right to request access to and the correction of your Personal Data held by us. When you request such access, we may take measures to verify your identity. If you wish to exercise such rights or if you have any inquiry in relation to this document please contact us at: support@aplexityai.com

Where General Data Protection Regulation (GDPR) is applicable, data subjects have the following rights:

• Right of access – Learning whether Personal Data is being processed and, if so, accessing your personal data and the information regarding the processing of your Personal Data,
• Right to correction – To request the correction of information that you believe is inaccurate or the completion of information that you believe is incomplete by the Company;
• Right to delete – To request deletion of Personal Data under the conditions stipulated in GDPR;
• The right to restrict processing – To request the restriction of the processing of Personal Data under the conditions stipulated in the GDPR;
• Right to object to processing – To object to the processing of Personal Data under the conditions stipulated in the GDPR;
• Right to data portability – To request the data collected by us to be transferred directly to another organization or under certain conditions,
• Objection to the occurrence of a result against the person himself/herself, by analyzing the processed data exclusively through automatic systems, including profiling.

Please note that in case of exercise of some of your rights, your access to the App and/or some of its parts or functions might be restricted and/or terminated.

7. COOKIES AND OTHER TECHNOLOGIES

We may use Website ‘Cookies’ for ongoing and standard operation, including to collect statistics about the use of the Website, to verify details, to adapt the Website to your personal preferences, for information security purposes and more. For more information about the cookies we use on the website see our cookie policy https://aplexityai.com/cookie-policy .

Cookies are packets of information sent by our servers to your browser and then sent back by the browser each time it accesses our servers. The cookies may contain a variety of information, such as the web pages you have accessed, session durations and IP addresses. We may also use cookies to save you the need to re-enter your account details each time you log-in to the Service.

Some of the Cookies may expire when the session ends and you exit the App. Other cookies are saved on your hard drive. If you wish to block our cookies, you may do so by clicking the “options” button on your browser’s menu and follow the necessary instructions. You can read your browser’s help file for further information. However, bear in mind that disabling cookies may complicate or even prevent the use of the Service, or certain features thereof.

If you are located in the European Economic Area (EEA), the United Kingdom (UK), or other regions where the General Data Protection Regulation (GDPR) or similar privacy laws apply, we process cookies and tracking technologies in accordance with applicable legal requirements. Where required, we will obtain your explicit consent before placing non-essential cookies on your device. You have the right to withdraw your consent at any time through our cookie management tool or by adjusting your browser settings.

If you have any questions regarding the specific information we collect and retain about you or your options concerning our data collection and usage practices, please contact us via e-mail below.

8. YOUR PERSONAL CONSENT

By acknowledge and acceptance of this Policy, hereby, you are granting us the following clear and expressed, voluntary, and informed consent to the following activities related to your Personal Data that is disclosed to us in accordance to our business purposes and operations, or for a purpose directly related to the following:

(1) Consent to the cross-border international transfer and disclosure of personal information. The personal information that we collect will be transferred to, stored at/processed in, or accessed from countries outside the jurisdiction in which you are based in, for the purposes described in this Privacy Policy, including countries in which our service providers or other third parties described in Section 4 are located. Specifically, we have servers for the Service in United States of America. We also have support, engineering and other teams who may support the Service, including from European Union (EU).

We process the personal information that you provide to us by creating an account and using our App in countries outside the relevant jurisdiction you are resident in in order to perform our contract with you (to provide you with an access to our App). By using the App and acknowledging the Privacy Policy, you consent to the transfer of your personal information to third parties (if any), which may include the cross-border transfer of your information to any country or region where we have databases or affiliates and, in particular, to the jurisdictions specified herein.

(2) Consent to Electronic Notice if there is a security breach: We will ensure safeguard your Personal Data and prevent any unauthorized access, disclosure, or use of your Personal Data. In case we or any Recipient is required to provide notice of unauthorized access to or other damage or invasion of the relevant security systems, you agree that the Company, or any such Recipient may do so when it is required or at our or its voluntary good faith discretion by posting notice on the Company’s Website or sending such notice to any email address we have for you. You further agree that the notice to you will be considered as notice to others for whom you are acting, and agree to pass the notice further to them.

9. RETENTION OF DATA

(1) We will keep your Personal Data for as long as necessary to fulfill the purpose for which the Personal Data was collected and for as long as we are no longer obliged to retain such Personal Data by the requirements provided by the Applicable Legislation.

(2) We will destroy any of your Personal Data that we no longer require as soon as it is practically feasible. We may also discard your Personal Data at our sole discretion, so you are enable to retain your own records and not rely upon our storage of any Personal Data, content, or other data.

(3) Subject to the Applicable Legislation, you may have the right to inquire and request for a review of, request a copy of, make supplements or corrections to, discontinue collection, processing or use of, or request to delete some or all of your Personal Data at our possession. You may contact us if you have any inquiries with respect to what information we have in case of your concern and submit your new information in case your Personal Data has been changed.

10. CHILDREN PRIVACY

(1) Children under the age of 13 are not permitted to use the Services, and we do not seek or knowingly collect any personal information about children, particularly those under 13 years of age or in the case of a region where the minimum age for processing personal information differs, such different age. For users above the age of 13 but below the age where you are able to consent to the processing of your personal information, please obtain your parent or guardian’s consent prior to using the Services.

(2) If we become aware that we have unknowingly collected information about a child under 13 years of age or the relevant minimum age in your jurisdiction, we will make commercially reasonable efforts to delete such information. If you are the parent or guardian of a child under the relevant minimum age who has provided us with their personal information, you may contact us using the below information to request that it be deleted.

11. PRIVACY PROTECTING AND DISCLAIMERS

The Company cannot held liable or responsible for any loss of your Personal Data due to the technical problems occurred to our Company’s hardware and/or software, due to unforeseeable operations of the malicious software or actions performed by malicious computer users. We will not be held responsible for any such loss or theft.

The App links to a wide variety of other websites and it displays advertisements from third parties’ websites. The Company does not promote the products or services of such third parties. We are not responsible for the content or the privacy policies of the third party websites and the third party advertisers, nor for the way in which information about their users is treated. In particular, unless expressly stated, we are not agents for these websites or advertisers, nor are we authorized to make representations on their behalf.

12. MISCELLANEOUS

This Privacy Policy contains the entire agreement between the Company and you concerning this subject matter.

For any Personal Data and privacy concern you can write to us at: support@aplexityai.com the requests relating to this Privacy Policy, Company Application and/or Website.