Privacy Policy

Elernity Limited, (herein "we" or "us"", “ours”), including its subsidiaries and affiliates, understands the importance of protecting your personal information (the "Personal Information"). We have adopted this privacy policy (the "Policy") to explain how we collect, use, process, store and share the Personal Information that provide to us or we collect when you use our websites, software applications, games or any other services provided by us (the "Services").

We collect, use, process, store and transfer your Personal Information in accordance with applicable data protection legislation, including but not limited to the (EU) General Data Protection Regulation ("GDPR") and applicable national data protection legislation ("Applicable Laws"). Wherever we talk about Personal Information below, we mean any information that can either by itself identify you as an individual or that can be connected to you indirectly by linking it to your Personal Information. We also collect, use, process, store and transfer de-identified data, whether aggregated or not, to analyse and generate reports related to usage patterns, spending habits, demographics of users, etc. As a person is not or no longer identifiable from such anonymous data, the use of such data will not be governed by this Policy.

You agree that we will engage other third parties and may transfer your Personal Information to such third parties in order to fulfil our purposes and obligations as set out in this Policy. You acknowledge that some of these third parties may be located outside the country of your residence where there may not have as strict privacy legislation as yours. We will only transfer your Personal Information to such countries if we are allowed to do so, please see section D for more information.

By downloading, accessing and/or using our Services, you consent to our collection and use of your Personal Information in accordance with this Policy, including consenting to our advertising partner’s use of your data for targeted advertising purposes as set forth in section B of this Policy. IF YOU DO NOT AGREE TO THE POLICY OR OTHERWISE HAVE ANY CONCERNS ABOUT THIS POLICY, YOU SHOULD CONTACT US FOR ASSISTANCE AND SHOULD REFRAIN FROM USING OUR SERVICES.

We collect Personal Information about you to provide you with our Services, including improving and optimising our Services, detecting unlawful use of our Services, personalising offers and processing and verifying transactions.

Depending on the type of Services you are using, we may collect the following types of information from you:

(i)Personal data

• Contact information, including but not limited to your email address, and mobile application id.
• Data that may be collected automatically concerning how you use our Services
• Data about your connection and device, including your IP address, mobile device identifier, advertising ID, MAC address, device name, operating system, browser type, hardware information and language, timezone settings in your cellphone.
• Data about your use of our website, including but not limited to browsing time, click-activity, referring website, date/time stamp
• for your visit and/or data we collect with cookies and similar technologies (Please see Section B for further information).
• Data about your location, including general and precise geo-location data such as GPS location.
• Data about your use of the Services, including but not limited to account history, usage/session time, preferences, audio or video recordings, productdata, product progress, crashes or bugs data, social media sharing and interactions.
• Data required to be collected for detection, investigation and prevention of fraud, cheating, misuse of our Services or other violations to our End User Agreement or Applicable Laws.

(ii)Data that you may provide to us

• Data you choose to provide to us to request information or support from us or to participate in competitions or tournaments or responding to our questionnaires or surveys, including but not limited to personal data to identify a lost account, account number, email address, photographs, security questions and answers you created, contact information.
• Any other data that you provided to us as part of the Services, or that we collected with your consent to provide you with the Services or for specific purposes made known to you at the time of collection.

(iii)Data that may be provided to us by third parties

• Data about you from other third-parties who have obtained your consent or are permitted by Applicable Laws to share such data with us, including but not limited to your account information registered under other third-party applications (if you have linked such applications to our Services or accessed such applications by using our social media features) and may include profile picture, email address, user name, gender, language, country, users ID and profile pictures of your followers, friends or contacts. The types of information we receive will depend on your settings with such third-party applications.
• Data which include attributes about you and your interests as further detailed in section B.

We may use your Personal Information for the following purposes:

• to provide you with and maintain our Services, including but not limited to our softwares, websites and mobile applications;
• to evaluate, customise and improve the Services and the user experience;
• to handle, process and execute any transactions related to the Services;
• to provide you with our customer and/or technical support;
• to analyse on the use and trends of the Services;
• to seek your opinion about our Services and conducting surveys on the Services;
• to send or disseminate confirmation notices, updates, and security alerts;
• to manage any abusive, unlawful or dishonest uses of Services or violation to our End User Agreement, such as managing player bans;
• to prepare and offer push ads, newsletters, promotions, rewards, and other types of content or features that match with your interests;
• to customise the Services, in particular by providing features or ads which correspond to your interests and/or your preferences;
• to improve the safety and reliability of our Services;
• to research and develop other services; or any other purposes described in the Policy, such as the pursuit of other legitimate commercial interests related to the Services or when we collect your Personal Information with your consent for specific purposes made known to you at the time of collection.

Our Legitimate interest

We may also use your Personal Information for our legitimate interests, such as for the purposes of our compliance with Applicable Laws, to ensure information security, to prevent fraud, etc.

When we rely on a legitimate interest, we have concluded that our interests do not override your interests or fundamental rights and freedoms. You are welcomed to contact us to learn more about how we reach this conclusion.

Analytics and optimisation

We use internal analytics technologies and other automatic tracking and analytic technologies provided by third parties to collect information through automated means, such as cookies, web beacons, web sever logs, or other similar technologies in order to adapt our content to your interests as well as to provide and manage the use of the Services.

(i)Cookies

Cookies, or similar technologies, are small computer files stored on your hard drive via your web browser. Various types of cookies may be used for a number of purposes and they are placed on our websites either by us or by other third parties permitted by us. The information collected by cookies enable us to monitor site traffics and users’ interactions with other services. We may also use certain cookies that can only collect generic information in relation to browser configurations and personalize the appearance of our websites. We also use anti-cheat technologies that also use cookies as described below.

You may decline the storage of cookies by changing the configuration of your web browser. However, if you decline, the Services and/or our websites and/or certain features may not work properly. For more information on cookies, please refer to the following website: http://www.allaboutcookies.org.

(ii)Third-party analytics tools

Third-party analytics tools may use cookies or visitor action pixels to track your behaviors while you are using our Services. These tools may associate the information they collected in connection with the Services with personal information that they had independently collected on other services, as governed by their respective privacy policies. We do not collect or access any data that may be independently collected by these third parties.
We use the following third-party analytics providers and you may refer to their privacy policy at the links provided below:

• Your use of 101 PPTproduct features may require that you have licenses or subscriptions to Microsoft Office (https://privacy.microsoft.com/en-us/privacystatement).
• 7-Zip (SDK) (https://7zip.co.uk/privacy.html).
• VLC (Video LAN Client).
• Web Portal.
• AI Speech Recognition.
• Bugly.
• X5 console plugin.
• Others. Such as, NodeJS – https://nodejs.org/en/ All Rights Reserved.
• CEF (https://cef-help.org/en/privacy-policy/).

Marketing and Advertising

If you choose to receive our marketing materials, newsletters and news releases, the Personal Information you have provided us with will allow us to send you messages regarding new features, updates, contests and events concerning our Services or to show you promotions, services or products that might be of interest to you in connection with the Services. You may opt out of this service at any time.
You acknowledge and agree that if you opt out of receiving interest based or targeted advertising, you may still see advertising which may or may not related to our Services, but the relevant advertising will not be targeted using your Personal Information.
We also use information about you to improve user experience and to ensure that you only see marketing materials that might be of interest to you. Our marketing partners use ads serving technologies for this purpose.

Social Media Features

You will be able to use our social media features for logging into our Services, find out if your friends play our services, and invite them to join you in these services. If you choose to use social media features in some of our Services, to create account with us using your account with certain social media platform, the social media platform will provide us with some of your Personal Information, such as, your social media platform user ID, your profile picture (to create your avatar in certain games) and the user IDs and profile pictures of your followers, friends or contacts on such social media platform. You may determine the scope and extent of Personal Information that will be provided to us by modifying your sharing settings.

Public data, including user-generated content, online forums, blogs, chat and profiles

You may communicate Personal Information when you provide or otherwise create contents by using or accessing our Services, whether as part of our product , online forums, blogs, discussion platforms, public user profiles, drive or other similar forums available as part of our Services (collectively, the "Forums"). Any Personal Information you disclose in the Forums would become public data and may be read or used by other users without your consent. If you decide to disclose Personal Information on the Forums, you will do so at your own risk and we shall not be responsible for held liable for any unauthorized use of such Personal Information by any third parties.
You may choose not to provide certain Personal Information. However, you may not be able to use certain or all features of our Services.

We may, from time to time, engage independent subcontractors to provide us with certain services, such as sending e-mails, processing of payments, hosting of data, and providing customer support. We take reasonable contractual measures to ensure that these third parties adequately protect the Personal Information.
We do not share Personal Information with other third-parties, except as necessary for provide the Services, for our legitimate business needs, for carrying out your requests, and/or as may be required or permitted by Applicable Laws.
In particular, we engage third parties to collect and process your Personal Information on our behalf and for our benefits in order to provide the Services, including but not limited to:

• Our holding companies, subsidiaries or affiliated companies in and/or outside of Hong Kong
• Independent contractors and/or service providers for them to provide their services to us, including information technology system providers, hosting services providers, data storage and management providers, customer relationship providers, marketing research and profiling services providers, advertising partners (you may refer to Section B for information on marketing and advertising), payment processing services providers
• Potential investors, valuers or such professionals in connection with any potential merger, acquisition, sale, assignment, financing or transfer of our business
• Insurance companies

We may share Personal Information that does not identify you directly, which is anonymized or aggregated, with third parties, for example to analyze trends in the use of the Services. In addition, we do not control the data sent by your web browser to third parties who receive this information in your normal course of activity on the Internet.
To safeguard your Personal Information and comply with the applicable privacy laws, we will require the third parties to sign a separate Data Processing Agreement with us, in the event that it is required under the law.

The Personal Information may be hosted and processed, for the purposes of the Policy, on servers operated by trusted partners in the United States and China(in accordance with the Privacy Shield mechanism recognized by the European Commission), such as Amazon Web Services, as well as on our servers or our partners’ servers in Canada (which is a jurisdiction with an adequate level of protection recognized by the European Commission) or in Europe.
Some of our subcontractors described in Section C may be located in other countries, including outside the European Economic Area. By using the Services and the games, you agree that your Personal Information may be processed by such subcontractors in countries that may not offer the same degree of data protection as your country. We will, however, only transfer the Personal Data in compliance with Applicable Laws.
We have taken reasonable contractual measures to ensure that our subcontractors would process your Personal Information in accordance with our directions and for our purposes as set forth in this Policy. Our subcontractors are prohibited from using your Personal Information for any other purposes without your consent.

We keep your Personal Information for a period not exceeding what is required for the purposes for which the Personal Information is collected and in accordance with Applicable Laws.
Your data will be kept in our active database:

• -for the time as long as necessary to provide the Services; or
• -for the duration necessary to solve your technical problems or your request; or
• -for the time needed to compile game statistics; and
• -for 30 days for IP addresses and logs.

At the end of this period, your Personal Information will be deleted or anonymized by us, or archived in an intermediate database, if necessary, for legal, operational, or legitimate reasons, and for the legally prescribed period. The retention period may be changed upon your cancellation of or re-enrollment in the Services, or in accordance with Applicable Laws.

We take different measures to secure your Personal Information. We follow generally accepted rules in the online education industry, as well as Applicable Laws, to protect any loss, destruction, alteration, or unauthorized, unlawful or abusive use of the Personal Information. We strive to use appropriate organizational and technical means to protect your Personal Information. For example, we will use encryption technologies (such as TLS, SSL), anonymization and other means to protect your personal information.
We have established a specialized management, process and organization system to ensure information security. For example, we strictly restrict the scope of personnel who can access information and require them to comply with their contractual confidentiality obligations and subject to regular audits. In the event of a data breach or other security incident of Personal Information, we will activate emergency response plan to prevent the expansion of such security incident and notify you in the form of push notifications, public announcements, etc.
However, you acknowledge that no security measures are 100% effective. To the extent permitted by Applicable Laws, we shall not be held liable for any direct or indirect loss, damages or costs sustained or incurred by you in the event of data breach or if the Personal Information is subject to unauthorized use or access.
If you have any questions regarding the security of your Personal Information, please contact us by email at: hysupport@101.com .

For Services which you have created an account with us, you can access, modify, update and delete any Personal Information at any time by logging into the relevant Service and adjusting your account settings.
If you wish to contact us regarding the processing of your Personal Information, or to have access to it in an electronic format, correct it, erase it, change how we process it (if applicable), or withdraw your consent (if applicable), or transfer them to another online provider (where technically possible), you may email us athysupport@101.com . Please note that the withdrawal of your consent shall not affect the lawfulness of how we have used or processed your Personal Information before your withdrawal.
In the case of an email request, you agree to provide us with your contact information, the subject of the request and the Personal Information in question for our further action. We reserve the right to ask you for any information about you to confirm your identity.
Please note that if you choose to delete your Personal Information, you will no longer have access to the Services associated with your internal and/or external identifier.
We reserve the right to reject deletion requests if there is a legal obligation on us to retain the Personal Information due to legal claims or as required by any Applicable Laws.
Your request will be processed within thirty (30) days of receipt, with the understanding that we reserve the right as permitted by Applicable Laws to extend this period to two months due to the complexity and number of requests.
You may also contact your local data protection authority for any questions relating to the collection and use of your Personal Information.

Our Services may contain advertisements or links to third-party websites such as Twitter, Facebook and/or YouTube. The presence of these links on our Services does not constitute an approval, an authorization or an affiliation with the websites in question. If you click on these links or use the services of a third party, you will leave our Services and you must consult the privacy policy of the website in question before sharing your Personal Information.
Certain products and/or services are offered to you as part of our Services in partnership with third parties and you may be required to provide Personal Information to them in order to register and access their products or services. The identity of these third parties will be indicated at the time of registration. If you choose to register, you will transmit your Personal Information to these third parties and their use of your Personal Information will be subject to their privacy policies.
We are not responsible for the use of your Personal Information by such third parties and we cannot guarantee that they have the same level of data protection policy as us.

The terms of this Policy are incorporated into our End User Agreement which you may refer to at the following link: https://class.101.com/about/agreement.html

We reserve the right to change the Policy at any time. If we change the Policy, we will communicate the changes to you through the landing page or other similar page under the Services, or any other appropriate means, for example, by email or with a pop-up notice in our games or on your account page, so that you will be fully informed of such changes. Any changes to the Policy will take effect thirty (30) days after such changes have been communicated to you. Your continued use of our Services will be deemed as an acceptance of the changes to the Policy.

If any part or provision of this Policy is prohibited or deemed to be void or unenforceable, that part or provision shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof.

This Policy shall be governed by, and construed in accordance with, the laws of Hong Kong Special Administrative Region (“Hong Kong”). Any dispute, controversy, difference or claim arising out of or relating to these Terms and Conditions, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

If you have any questions or concerns regarding this Policy, please contact us using information as follows: Email Address: hysupport@101.com

(Applicable to countries and regions outside the Greater China Region)
This Privacy Policy was updated on: July 23, 2020.
This Privacy Policy became effective from: July 23, 2020.