This product（Oyamuse-AI Music Creator）is provided by SMARTSHARE CO., LIMITED (hereinafter referred to as
"SMARTSHARE," "we," or "the Company"). The registered address of the Company is ROOM 40 BLK AD 19/F
GOLDEN BEAR IND CTR 66-82 CHAI WAN KOK ST TSUEN WAN NT HONG KONG. The contact information for our Data
Protection Officer（DPO）is [email protected]. We attach great importance to protecting the privacy of
users (referred to as "you" hereinafter) and are committed to respecting and protecting the personal
information we collect. The data controller is SMARTSHARE CO., LIMITED and its affiliated companies .
SMARTSHARE has appointed an EU representative in accordance with the Regulation No. 2016/679 on the
protection of natural persons with regard to the processing of Personal Data (the “GDPR”). You can
contact the designated EU representative of SMARTSHARE by reaching [email protected].
This Privacy Policy explains how we collect, use, store, share, and otherwise process your personal
information when you use our products. This Privacy Policy will help you understand the following:
Ⅰ. How we collect your information, how we use it, and what information we collect from you
Ⅱ. How we store, protect, and transmit your personal information
Ⅲ. How we share, transfer, and disclose your personal information
Ⅳ. How you shall manage your personal information
Ⅴ. How do we handle the personal information of minors
Ⅵ. Permissions of users in different regions for their personal information
Ⅶ. How the Policy will be updated
Ⅷ. How to contact us
👉 Ⅰ. How we collect and handle your information, and what information we collect from you
1. The personal information we may need to collect and use about you regarding your use of our product
includes the following two circumstances:
a. In order to provide you with the basic features of our product, we may need your permission to
collect and use the necessary information. In the event that you refuse to provide the corresponding
information, you will not be able to have proper access to or use our product.
b. In order to provide you with additional features of our product, you may have the option of accepting
or refusing to provide us with certain information about yourself, and the type and scope of personal
information collected for the basic features and additional features may differ. If you refuse to
provide us with such information, you will not be able to use the additional features or reach the
desired results, but this will not prevent you from using the basic features.
2. The specific scenarios in which we collect and use your information for functional
purposes:
a. Using our products
When you use our products/services, depending on the different types of products, we may request
different permissions and collect different data. In general, if you use our products, we will collect
your basic information and device information. We may use this collected information to match
corresponding features, modify the appearance or functionality of the product, or develop new features
based on the analysis of this data.This information is collected anonymously, and we cannot identify you
through this information.
We collect information about your use of the product and how you use it, including but not limited to
startup data, feature usage, interface clicks, login information, operation log information, access
dates and times, duration of product usage, file sizes and formats you work with, crash data, and
installation data. Additionally, during installation, we collect installation information such as device
type, device hardware model, device operating system, version used, and product serial number, etc.
Please understand that when you switch the software product to run in the background, due to device
models and system reasons, the information collection activities related to the product features you
previously used may not stop immediately, resulting in brief background information collection
activities.
We process Product Usage Data and Product Installation Data so that we can facilitate, evaluate, and
verify your use of our products and services. We will also use the Product Usage Data for our own
internal statistical and analytical purposes, and to evaluate and enhance users' experience of the
Products by identifying customer preferences and analyzing crash data. If you want to cancel the
aforementioned purpose, you can contact us through customer service or online forms on our websites.
b. Creating your account
To access and use our services, you may log in via a third-party account (such as Google ID or Apple
ID). Currently, our product does not require you to create a local account, nor do we request or collect
your username, phone number, avatar, or similar identifiers.
When you log in using a third-party account, we only receive the minimum information necessary to
complete identity verification, such as the user identifier provided by Google Play or the Apple Store.
We do not access or store your nickname, avatar, or email address unless future features require it and
you provide explicit authorization.
At this time, we do not generate a persistent user profile based on your login, nor do we use this
information for personalization, user profiling, targeted advertising, or cross-context behavioral
tracking. We also do not sell or share this login information with any third parties.
If in the future we introduce features requiring profile information or account registration, we will
provide additional notice and obtain your explicit consent before collecting such data.
c. Customer service and dispute handling
When you contact us or submit requests regarding sales, after-sales, or dispute resolution, in order to
ensure the security of your account and the system, we may require you to provide the necessary personal
information to verify your identity. To facilitate communication with you, assist in resolving your
issues promptly, and document the handling process and outcomes, we may retain records of our
communication, correspondence, and related content with you (including account information, address,
email, other contact details, and any additional information you provide to substantiate relevant
facts). Additionally, in order to provide customer service and improve its quality, we may utilize other
information provided by you, including relevant information you provide during customer service
interactions and questionnaire responses you submit to us during surveys.
d. Transactions and payments
When you make payment transactions for our products, App Store/Google Play collects various payment
information from you. The specific information collected is ultimately determined by App Store/Google
Play's policies. We ultimately receive the following from App Store/Google Play: your country/region,
the type of product you purchased, the amount paid in your local currency, and the order number.
We shall use the transaction and payment information to determine your subscription eligibility, grant
you access rights, and such information will be recorded in our internal financial records.
We do not collect or process data regarding your payment instruments, such as credit card numbers, bank
account numbers, or PayPal account details. This information is collected, processed, and stored
exclusively by our qualified payment processors.
e. Use of product features
To enable the core service of generating personalized songs based on the images and text descriptions
you provide, we require read and write storage access on your device. This permission is used to:
1）Read the images you select for content analysis.
2）Save the generated song files to your device.
The images you upload, the text descriptions you provide, and the generated song files will be
automatically stored on our cloud servers. The relevant content will be kept encrypted on our secure
servers for a period of 30 days. During this time, you may download this content to your device.
Your content will be automatically and permanently erased from our servers after 30 days. You may also
proactively delete any history record at any time, which will result in the immediate and permanent
deletion of the corresponding content.
f. Other content
You may provide reviews of our products in the software store's comment section or other public
platforms. We will use the review information to improve our products, and we may use your posted
reviews (along with your relevant information) for marketing purposes to provide information about our
products to consumers and potential customers, enabling others to better understand and use our
products.
During your use of our products, you may provide us with your information through data collection forms
or other means. We will legally and compliantly use the provided information in accordance with the
agreed terms and will not use it for other purposes.
3.We obtain the aforementioned permissions and information from you in order to provide specific
services. If you refuse to grant the corresponding permissions or disagree with us collecting such
information, you will be unable to use the corresponding functionalities but can still use our other
services without any impact.
👉Ⅱ. How we store, protect, and transmit your personal information
Unless otherwise required or permitted by applicable laws for longer retention periods, we will determine
different retention periods for different types of information based on the nature of the information,
the purposes for which we use the information, and the duration necessary to achieve the purposes
described in this policy. For example, when processing your information to provide you with services, we
will retain your account information, billing information, and similar content for as long as you have
an account with us.
We employ reasonable measures to help protect information from loss, theft, misuse, unauthorized access,
disclosure, alteration, or destruction. Please use complex passwords to assist us in ensuring the
security of your account and personal information. Please be aware that the systems and communication
networks you use when accessing our products may be subject to security vulnerabilities beyond our
control. Understand that in the internet industry, due to technological limitations, rapid advancements,
and potential malicious attacks, despite our best efforts to strengthen security measures, it is not
possible to guarantee 100% security of information at all times.
Given the global nature of our business operations, we may transfer the data we collect about you to
secure servers or data centers located in countries/regions outside the country where the data was
initially collected (including the United States, the European Economic Area ("EEA"), or Japan) for
storage and/or processing, The purpose of transferring this information across borders is:
- To transfer your payment information to payment processing companies located outside the European
Union for transaction processing.
- To use third-party tracking tools to track how users use product features. Product usage data may be
sent to and stored in third-party servers located outside the European Union. Such tracking tools may
share tracking data or analytics reports with SMARTSHARE for the aforementioned purposes. Our tracking
tools anonymize your personal data.
- To store personal data on servers leased from service providers.
When transferring your data to countries/regions outside the country where the data was initially
collected, we will protect the data in accordance with the instructions in this privacy policy and
comply with applicable legal requirements to provide adequate protection for such data.
👉Ⅲ. How we share, transfer, and disclose your personal information
In order to ensure the implementation of our product-related features and the safe and stable performance
of our apps, and because some features of our products cannot be executed by us alone, we may share or
entrust some of your personal information with third parties such as our partners in order to ensure the
smooth implementation of our product features. You agree that we may share your personal information
with affiliates that support our features, and with third parties that we integrate or access, for the
purpose of providing the services to you. The support provided by these third parties includes providing
us with payment processing, data analysis, and data storage. Our affiliates of our features are not
authorized to use your personal information for purposes other than those set forth in this Privacy
Policy and the purposes set forth herein. They shall obtain your authorized consent separately if they
wish to change the purposes for which personal information is processed.
We may share your data with our affiliated companies, and in the event of a merger, division,
acquisition, or bankruptcy liquidation, your data may be transferred as part of such transaction. We
will ensure the confidentiality of such information during the transfer, inform you of the name and
contact information of the recipient, and require the new entity holding your personal information to
continue abiding by this personal information protection policy. Otherwise, we will request the
recipient to seek your authorization and consent again. If we rely on your consent to process your
personal data, you have the right to withdraw your consent at any time.
We may disclose all the information we collect about you for subsequent reasons: in response to
subpoenas, court orders, legal proceedings, law enforcement requests, legal claims, or government
investigations, to protect and defend the rights, interests, and safety of the platform, our affiliated
companies, users, or the public.
👉Ⅳ. How you shall manage your personal information
You have the right to access, correct, and delete the information we collect about you. If you are unable
to do so, or have any questions about Personal Information we have collected and/or shared about you, or
would like to withdraw your consent for our processing (i.e. entirely delete your account) please
contact us at:[email protected].
We will act on the User’s requests and provide information free of charge, except where the requests are
manifestly unfounded or excessive (in particular because of their repetitive nature) in which case we
may charge a reasonable fee (taking into account the administrative costs of providing the information
or communication, or taking the action requested), or refuse to act on the request.
👉Ⅴ. How do we handle the personal information of minors
If you are a minor, you shall use our services with obtaining prior consent of your parent or legal
guardian (collectively, "guardian"). We recommend that the guardians of minors shall read this Policy
carefully, and we also recommend minors obtain guardians’ prior consent and guidance before submitting
personal information in their use of our services. If you are the legal guardian of a minor, please
ensure that the minor in your custody is using our products or services with your authorized consent. If
you have questions about the personal information of a minor in your custody, please contact us through
the means set forth in this Privacy Policy.
We are not directed to children under the age of 13 and we do not knowingly collect Personal Information
from children under the age of 13. If we learn that we have collected the Personal Information of a
child under the age of 13, we will take reasonable steps to delete such information from our files as
soon as is practicable, unless we have a legal obligation to retain it. Please contact us if you believe
we have any information from or about a child under the age of 13: [email protected].
👉Ⅵ. Permissions of users in different regions for their personal information
The GDPR，Law Concerning Protection of Personal Data of Japan, and other applicable data protection laws
provide certain rights for data subjects. Broadly speaking you have, or may have, the right (as more
fully provided in applicable data protection laws):
The right to be informed: The User has the right to be provided with clear, transparent, and easily
understandable information about how SMARTSHARE collects and uses personal data and its rights. This is
the reason why SMARTSHARE is providing the User with the information in this privacy policy.
The right of access: The User has the right to obtain access to its Personal Data (if SMARTSHARE is
processing it), and other certain information (similar to that provided in this privacy
policy).
The right to rectification: The User is entitled to have its personal data corrected if it’s inaccurate
or incomplete.
The right to erasure: This ‘the right to be forgotten’ enables the User to request the deletion or
removal of its personal data where there’s no compelling reason for SMARTSHARE to keep using
it.
The right to withdraw consent: The User has the right to withdraw a previously provided consent to
processing of your personal information.
The right to object to processing: The User has the right to object, on grounds relating to its
particular situation, at any time, to the processing of its personal data.
The right to restrict processing: Under certain circumstances, the User has the rights to ‘block’ or
suppress further use of its personal data.
The right to data portability: to receive its Personal Data provided to SMARTSHARE in a structured,
commonly used and machine-readable format and has the right to transmit those data to another
controller.
The right to lodge a complaint: to complain about our processing of your personal information to a local
supervisory authority.
It is important to be aware that these rights may not be absolute. For example, if you withdraw your
consent to our processing of your personal information, we may be able to continue to process your
personal information to the extent required or otherwise permitted by law, in particular in connection
with exercising and defending our legal rights or meeting our legal and regulatory
obligations.
In the event of a data leak, we will inform the regulatory authorities and users of the leaked
information in a timely manner, If you have any questions about the matters covered by this policy,
please contact our Data Protection Officer at [email protected].
Exercise the above rights, you can send an email to customer service email: [email protected].
Rights regarding personal information for California residents.
Pursuant to the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act
(CPRA), California residents receive certain rights with respect to their personal information, as
described below. These rights are not absolute and are subject to certain exceptions more fully set
forth in the CCPA.California residents have the right not to receive discriminatory treatment from us
for the exercise of the privacy rights conferred by the CCPA.
California residents have the right to obtain access to their Personal Data (if SMARTSHARE is processing
it), and other certain information (similar to that provided in this privacy policy).
California residents have the right to request that businesses stop selling or sharing their personal
information (“opt-out”), including via a user-enabled global privacy control. Businesses cannot sell or
share your personal information after they receive your opt-out request unless you later authorize them
to do so again.
Each California resident has the right to request, subject to certain exceptions described in the CCPA,
that we disclose to that resident:
The categories of personal information we have collected about them;
The categories of sources from which the personal information is collected;
The business or commercial purpose for collecting or selling the personal information;
The categories of third parties with whom we have shared personal information;
The specific pieces of personal information we have collected about them (collectively, a “Request to
Know”).
California residents have the right to restrict our use of Sensitive Personal Information collected
about them.
In the past twelve months, we have collected, and in the future, we will continue to collect, the
categories of personal information cited in the section entitled “The personal information we collect”
above. This includes the following categories of personal information set out in the CCPA: identifiers,
personal information described in Section 1798.80 of the California Civil Code, characteristics of
protected classifications under California or federal law, Internet or other electronic network activity
information, geolocation data, professional or employment-related information, and sensitive personal
information. We collect and use this information from the sources described in the section entitled “How
we collect your information, how we use it, and what information we collect from you” above, and share
this information with third parties as described in the section entitled “How we share, transfer, and
disclose your personal information” above.
We do not sell your personal information as defined under the CCPA or share your personal information
for cross-contextual behavioral advertising purposes and we do not have actual knowledge that we sell or
share the personal information of consumers under 16 years of age. We do not use or disclose sensitive
personal information for purposes other than those permitted purposes specifically identified in the
CCPA and its implementing regulations.
Right to request deletion of personal information.
Each California resident has the right to request the deletion of the personal information that we
collect or maintain (a “Request to Delete”), subject to certain exceptions set forth in the CCPA.
Process for verifying requests of California residents.
Each California resident has the right to request the correction of any inaccurate personal information
that we maintain (a “Request to Correct”), subject to certain exceptions set forth in the
CCPA.
To make the aforementioned Request, you can send an email to customer service email:
[email protected].
Process for verifying requests of California residents.
In order to protect your privacy and security, prior to completing any Request to Know, Request to
Delete, or Request to Correct that you may submit, we must verify your identity. We will verify your
identity by asking you to provide certain data that we have already collected from you to confirm that
they match our records. In certain instances, additional verification steps may be required.
Authorized agents.
California residents have the right to designate an authorized agent to make a request under the CCPA on
their behalf. Prior to completing a request made by such an authorized agent, we require that you
provide your authorized agent with written permission to submit such a request and require that you or
your authorized agent provide us with a copy of such written permission. Additionally, we require that
you verify your identity pursuant to the procedure described above.
Keeping personal information.
Your personal information will be retained in accordance with our Data Privacy Policy.
We retain personal information of different types, or relating to different categories of people, for
different periods, taking into account its business purpose. For example, information about individuals
who have applied for employment with us will be retained for a shorter period than information about
individuals who have actually worked for us.
The periods for which we retain information are based on the requirements of applicable data protection
laws and the purpose for which the information is collected and used. We take into account legal and
regulatory provisions which require information to be retained for a minimum period. We also consider
the limitation periods for taking legal action and good practice in the legal industry.
If you have any questions on the matters covered in this policy, you can send an email to customer
service email: [email protected].
Changes to our privacy policy.
We regularly review this Privacy Policy and may make changes as our services or privacy practices
change, or as required by applicable laws or regulations. Future versions of our Privacy Policy will be
available on our website. We encourage you to review this Privacy Policy periodically to be informed of
how we use your personal information.
👉Ⅶ. How the Policy will be updated
We may periodically update this Privacy Policy. When we make updates, we will notify you by updating the "Last Updated" date at the top of the revised Privacy Policy, posting the revised Privacy Policy, or providing any other notice required by applicable law. We recommend that you review the Privacy Policy each time you use our products to stay informed of any changes. If you disagree with the updated terms and conditions, you should cease accessing or using our products as of the effective date of the changes. The updated terms and conditions will not apply to you if you stop accessing or using our products. If you continue to access or use our products after the effective date of the changes, it will be deemed as your acceptance of the updated terms and conditions.
👉Ⅷ. How to contact us
If you have any questions, inquiries, opinions, suggestions, or complaints regarding this Privacy Policy
or the protection of your personal information, you can contact us through our online customer
service.
Additionally, you can reach out to us through the following means:
Send an email to our customer service email address: [email protected].