Privacy Policy

Mindworks entities (for purpose of applicable data protection laws, Mindworks entities providing Mindworks Service which are subject to applicable disclosure requirements can be viewed HERE collectively, “Mindworks”, or “we”, “us”, “our”) provide this privacy policy to explain how we collect, use, and share your information when we provide service such as Playturbo Platform (“Mindworks Service”) and our website at https://www.mindworks-creative.com/(“Website”or “ Site”) .

This Policy is subject to any service agreement between Mindworks and you. By using the Mindworks Service or Mindworks Site, you acknowledge that you have read, understood and agreed to this Policy. Please review this Policy before using the Mindworks Service or the Mindworks Site.

We evaluate this Policy and procedures to implement improvements and refinements from time to time.

Data protection and ensuring our Business Partners’ and your trust is at the core of Mindworks business principles. Accordingly, being compliance with applicable data protection laws is our top priority and this Policy is updated to be compliance with the applicable data protection laws, including but not limited to the EU General Data Protection Regulation (“GDPR”), the Children’s Online Privacy Protection Act (“COPPA”), the California Customer Privacy Act (“CCPA”), Virginia Consumer Data Protection Act ('VCDPA'), the Colorado Privacy Act (“CPA”), the Utah Consumer Privacy Act (“UCPA”), the Connecticut Data Protection Act (“CDPA”), the Brazilian General Data Protection Law (Lei Geral de Proteção de Dados Pessoais) (“LGPD”), Virginia Consumer Data Protection Act ('VCDPA') and the any personal information protection law announced by Chinese governments (“PIPL”).

For the purpose of this Policy, “Controller” means a “personal information handler” under the PIPL, a “controller” under the GDPR, VCDPA, CPA, CDPA and UCPA, and a “business” under the CCP, “Processor” means an “entrusted handler” under the PIPL, a “processor” under the GDPR, VCDPA, CPA, CDPA and UCPA, and a “service provider” under the CCPA.

Introduction

This Privacy Policy applies to our collection and use of information about you including while you are using Mindworks Service and visiting and using the Mindworks Site. According to the General Data Protection Regulation (GDPR) and any personal information protection law, Mindworks is the Controller of your personal information.

What Information We Collect

1. As you use Mindworks Service, we may collect your following information from you or the organization you represent:

(1)personal information you voluntarily provide (for example, names, position, E-mail addresses, account log-in information, company information ).

2. As you navigate through this Mindworks Site, we may collect information include:

(1)personal information you voluntarily provide (for example, names, addresses, telephone numbers, E-mail addresses, WeChat account name, QQ account name, Skype account name, occupations, education, account log-in information, company information and related information).

(2)some information that are not voluntarily provided such as your browser type, domain name, IP address, pages visited, and the length of your user session using various technologies and means, such as cookies, Internet Tags and navigational data collection.

3. Mindworks is entitled to take measures to validate the authenticity of personal information you provide.

4. If you give us personal information of somebody else, you should warrant that you have gained their permission to do so.

5. If you are located in mainland China, we may use the Baidu Statistics Service provided by Baidu.com to help us analyze our website usage and help improve the quality of our website services. For more information about the information collected by Baidu's statistical services and its data processing activities, please visit: here.

6. If you are located outside of mainland China, We may also use Google Analysis that assists us with analysing the usage of our website and help to improve the service quality of our website. For the personal information that may be collected by Google Analysis and its processing activities, please visit: here.

How We Use Your Information

1. Based on your consent or based on our legitimate interests, we may use your personal information for the following purposes:

(i)to provide you with Mindworks’s products or services or information;

(ii)to sign you up for an event or training;

(iii)to contact you and respond to your requests and enquiries;

(iv)for business administration, including statistical analysis;

(v)to personalize your visit to the Mindworks Site and to assist you while you use the Site;

(vi)to improve the Mindworks Site by helping us understand who uses the Site;

(vii)to periodically provide you with information about our products and services and content that may be of interest to you by email.。

2. If you decide at any time that you no longer wish to receive such communications from us, you may follow the unsubscribe instructions provided in any of the emails or request to be opted-out of receiving such communications via email to privacy@mindworks-creative.com.

Disclosure of Your Personal Information

1. Subject to compliance with applicable laws and regulations, we may disclose User’s personal information to Mindworks’s Affiliates and other third parties.

2. We may use third-party technology service providers to provide us with services who may have access to your personal information, including companies that assist with technical aspects of hosting and operating the Mindworks Site, technical service provider that assists with analyzing the usage of our website, or email service provider (please see our Cookies Policy for details).

3. Except as expressly stated in this Policy, according to the Personal Information Protection Law of the People's Republic of China, we will not disclose User’s personal information to any third party without User’s consent.

4. We may also share aggregate or anonymous information with other third parties in accordance with the terms of this Policy.

5. We may disclose users' personal information to our affiliates for the purposes set out in this Policy or to promote the products or services of our affiliates to users.

6. The servers used in the operation of the Mindworks Site automatically identify a computer by its IP address. Although, we will not be able to identify the computer using its IP address once you have left the Mindworks Site. If we, in good faith, determine that you have or are attempting to misuse or harm the Site, we may investigate and cooperate with appropriate law enforcement agencies to protect our rights or property.

7. Similarly, we may share your personal information as required or permitted by law to comply with a subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property, or the rights, property or safety of others, including to advisers, law enforcement agencies, judicial and regulatory authorities. We may also transfer your personal information to a third party that acquires all or part of our assets or shares, or that succeeds us in carrying on all or a part of our business, whether by merger, acquisition, reorganization or otherwise.

International Transfers

1. When you are located in the European Econocim Area (“EEA”), personal information collected about you will be transferred to recipients in countries located outside the EEA or can be remotely accessed in countries located outside the EEA, including in countries which may not be decided by the European Commission that it provides an adequate level of protection to personal information. We have followed requirements as set out in applicable law to provide adequate protection to your personal data. To the extent as required by applicable law, our Business Partner will obtain your valid consent to the extent for us to transfer your personal information to recipients including Mindworks’s affiliates and any other recipients as described in this Policy, which are located outside the EEA. You are entitled to withdraw your consent at any time.

2. Mindworks has entered into EU standard contractual clauses (“Model Contracts”) for intra-group transfers of personal information to its affiliates. You can request a copy of these Model Contracts by submitting your request via email to privacy@mindworks-creative.com.

3. If you are located in the mainland areas of China, we store your personal information inside the mainland areas of China. We will not transfer your personal information outside of the mainland areas of China.

Your Data Rights

You have the right to access, modify, correct or delete any personal data which we may have collected. To exercise this right please contact privacy@mindworks-creative.com.

1. If you are in the EEA, you have a right to (subject to a limited number of exceptions):

(i)request access to and rectification or erasure of your personal information; (ii)obtain restriction of processing or to object to processing of your personal information; and (iii)ask for a copy of your personal information to be provided to them, or a third party, in a digital format. You also have the right to lodge a complaint about the processing of your personal information with your local data protection authority in the EEA.

2. If you are residents of the State of California in the United States, you can request the following information about how we have collected and used your personal information during the past 12 months:

(a) The categories of Personal Information we have collected.

(b)The categories of sources from which we collected the Personal Information.

(c)The business or commercial purpose for collecting, selling or sharing Personal Information.

(d)The categories of third parties with whom we disclose the Personal Information.

(e)The categories of Personal Information that we sold, shared or disclosed for a business purpose.

(f)The categories of third parties to whom the Personal Information was sold, shared or disclosed for a business purpose.

(g)Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.

(h)You can ask us to delete the Personal Information that we have collected from you.

(i)You can ask us to correct inaccuracies of your Personal Information.

You are entitled to exercise the rights described above free from discrimination as prohibited by the CCPA.

You may(i)submit requests to exercise your California privacy rights described above by writing to us at: privacy@mindworks-creative.comor send a written document to the following address: Legal Department, Room 4312, No. 222-3 Xingmin Road, Tianhe District, Guangzhou City, Guangdong Province, China;(ii)opt out of selling or sharing of your data by clicking on the following link: DO NOT SELL OR SHARE MY DATA and (iii)submit requests to restrict the use of your sensitive Personal Information by writing to us at: privacy@mindworks-creative.com.

When you submit a request we will verify your request by the information you provide (e.g. device ID, company email) according to our internal guidelines. You may designate an authorized agent to make a request to know or a request to delete your personal information by providing the authorized agent written permission to do so; and by verifying your own identity with us directly. We will deny any requests from agents that do not submit proof of authorization.

For clarity, we do not sell or share (as defined under the CCPA) your Personal Information.You can also find a list of the categories of Personal Information that we collect and details regarding the sources from which we obtain Personal Information in the “What Information We Collect” section above. We collect and use personal information for the business or commercial purposes described in the “How We Use Your Personal Information” section above.

3. If you are a resident of the State of Virginia in the United States, effective January 1, 2023, or if you are a resident of the State of Colorado or Connecticut in the United States, effective July 1, 2023, you may exercise the following personal information rights with us.

(a)to confirm whether we are processing your personal information and to access that personal information;

(b)to correct any inaccuracies in your personal information;

(c)to delete your personal information;

(d) to obtain a copy of the personal information you have provided to us; and

(e)to request a refusal to allow us to process your personal information for the purposes of (i) personalized advertising, selling your personal information, or (iii) user profiling that has significant legal or similar implications for you.

As set forth in the VCDPA, CPA, and CDPA you have the right to exercise the above rights without discrimination.

You may(i)exercise your rights to personal information as described above by sending email to privacy@mindworks-creative.com and(ii)click on this link to refuse personalized advertising, refuse the sale of your personal information, and refuse user profiles that have a significant legal or similar impact on you. If you fail to provide valid information for our effective feedback, etc. when exercising your rights as described above, we may deny your right to exercise your rights. If you have any dispute on such denial, you may raise such dispute by sending email to privacy@mindworks-creative.com.

4. If you are a resident of the State of Utah in the United States, effective December 31, 2023, you may exercise the following personal information rights with us.

(a)to confirm whether we are processing your personal information and to access that personal information;

(b)to delete your personal information;

(c)to obtain a copy of the personal information you have provided to us; and

(d)to request a refusal to allow us to process your personal information for the purposes of (i) personalized advertising, (ii) selling your personal information.

As set forth in the UCPA you have the right to exercise the above rights without discrimination.

You may exercise your rights to personal information as described above by sending email to privacy@mindworks-creative.com.If you fail to provide valid information for our effective feedback, etc. when exercising your rights as described above, we may deny your right to exercise your rights. If you have any dispute on such denial, you may raise such dispute by sending email to privacy@mindworks-creative.com.

5. If you are in the mainland areas of China, you have the following rights related to your personal information except when laws and administrative regulations otherwise provide.

(a)Right to be informed, right to decide and right to restrict or refuse processing of your personal information.

(b)Right to access and copy your personal information except in special circumstance provided by law.

(c)Right to request to transfer your personal information to another data handler.

(d)Right to request to revise and supplement your personal information when you notice that the personal information we process is inaccurate or incomplete.

(e)Right to delete your personal information in the following circumstances:

(i)Where the purpose of processing has been achieved or is unable to be achieved, or the personal information is no longer necessary for achieving the purpose of processing;

(ii)Where Mindworks ceases the provision of its product or service involved, or the retention period has expired;

(iii)Where consent is withdrawn by the User;

(iv)Where the processing of personal information by Mindworks is in violation of any law, administrative regulations or any agreement; or

(v)Any other circumstance as provided by law or administrative regulations.

(vi)如If it is technically difficult to delete the personal information, Mindworks shall cease the processing of the personal information, except for the storage and any necessary measure taken for security protection.

(f)You have the right to request an explain of this Policy.

You can contact us via privacy@mindworks-creative.com and request your data rights.

Security of Your Personal Information

1. The security of User’s information is our utmost priority, and we take strict measures in order to protect our data from unauthorized access, use, disclosure or destruction of data. We have implemented physical, technical and administrative security measures for the Services that comply with applicable laws and industry standards. For example, we use firewalls, encryption technology and other automated software designed to protect against fraud and identity theft; our data is only stored in centers that provide high-level security for User’s information. Physical access is strictly controlled both at the perimeter and at building ingress points by our staff utilizing video surveillance and other electronic means.

2. We also protect User’s privacy by seeking to minimize the amount of sensitive data that we store on our servers in the first place. We also seek appropriate contractual protection from our partners regarding their treatment of user data.

3. We will only keep your personal information for as long as necessary and in any event in relation to personal information collected by us on the Site we will only keep this personal information for one (1) year. For personal information collected via Google Analytics the following retention periods apply here.

Protection of Minors

1. The Site does not knowingly collect any personal information from minors. The personal information of any minor you provide shall be agreed by the minor’s parent or guardian in advance. Minor is defined in accordance with the laws applicable to this Policy of Mindworks Website.

2. We process minor’s personal information according to requirements of related laws and regulations. Except as otherwise provided by law, we will only collect, use, store, disclose, or make available to the public the personal information where permitted by law, with consent of parents or other guardians, or for the necessity of protection of the minors. If we notice the collection of personal information of minors without verifiable consent of parents, we will take measures to delete related information as soon as possible.

3. If you are parents or other guardian of minors, please contact us via the email we provide in this Policy when you have any question regarding to the protection of minors.

4. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should promptly contact us and we take reasonable steps to ensure that such information is deleted from our files.

Use of Cookies and Other Tracking Technologies

Mindworks may use cookies or other technology (collectively “Cookies”) to collect certain information about you when you are visiting the Site. Please read our Cookies Policy for more details.

Outside Sites and Linking

The Site may contain links and pointers to other sites on the Internet that are owned or operated by third party vendors and other third parties (the “Outside Sites“). Mindworks is not responsible for the availability of, or the content located on or through, any Outside Site, including any webcasting or other form of transmission received from any Outside Sites. You should contact the site administrator or Webmaster for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites. Mindworks permits certain third party links to the home page of its Site, provided that Mindworks is provided with notice of such links and does not thereafter object to such linking. Mindworks a reserves the right to revoke unilaterally any consent that it may at any time give to any linkage, including linkages to the home page. The Outside Sites are being provided to you only as a convenience and any link or pointer contained on this Site does not imply endorsement of the Outside Sites.

Copyright

All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of Mindworks, or its respective content providers, and are protected by Hong Kong SAR and international copyright laws. All software used on the Site is the property of Mindworks or its respective software suppliers, and such software is protected by Hong Kong SAR and international copyright laws and other applicable laws and treaties. Users of this Site shall not transmit/post any information to this Site that infringes the copyright or other intellectual property rights of others.

Trademarks

All trademarks, service marks and trade names used on the Site (collectively the “Marks”) are solely owned by Mindworks. The Marks may not be used in connection with any product or service that is not a product or service of Mindworks or that is likely to cause confusion among customers, or that in any manner disparages or discredits Mindworks.

Online Conduct

Any conduct by a person that in Mindworks ’s sole discretion restricts or inhibits any other person from using or enjoying the Site, is prohibited. You agree to use the Site only for lawful purposes and in accordance with that prohibition. You agree that you will not post on the Site or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law.

Termination of Usage

1. Mindworks may, without incurring any liability to you, terminate access by you or suspend any access to all or part of the Site, without notice, for any conduct that Mindworks, in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or the Site.

2. Due to the rapidly evolving technologies on the Internet, we may occasionally update this Policy. All revisions will be posted to this website www.mindworks-creative.com.

Contact Us

1. If you are located in mainland China, you can send a written request to privacy@mindworks-creative.com or send written documents to the following address: Legal Department, Room 4312, No. 222 Xingmin Road, Tianhe District, Guangzhou, Guangdong Province, China.

2. If you are located outside mainland China, you can contact our DPO by sending a written request to privacy@mindworks-creative.com You can also contact our data protection representative in the EEA, Eurocore B.V., with address: Hullenbergweg 278, 1101BV Amsterdam.