User Service and Privacy Terms
Effective Date of the Latest Version: March 1, 2021
[Read Carefully] Welcome to register and use the platform (hereinafter referred to as the "Platform") operated by JW China (hereinafter referred to as the "Company" or "We"). Platform User Service and Privacy Terms (hereinafter referred to as the "Terms") are the terms agreed between you and JW China regarding your use of the Platform and related Services.
Please be noted that the Terms do not apply to the platforms or services which JW China has separately formulated the user service and privacy terms.
We attach great importance to the privacy of users and the protection of Personal Information. When you use the Platform and related Services, We may probably collect and use your relevant information. At the same time, We also hope to explain to you by the Terms how We collect, use, store, protect and share your Personal Information and other information provide by you when you use the Platform and related Services, to facilitate your appropriate choices.
In order to provide you with better Services, please carefully read and fully understand the Terms before using the Platform and related Services, especially the terms that exempt or limit our liability and term of dispute resolution, which will be bold and underlined. You shall not use the Platform and related Services until you have read carefully, fully understood, and agreed to these terms.
[Separate Agreement] Separate agreements, related business rules, etc. may be formulated for the specific Service of the Platform. Once the above content is officially released, it becomes an integral part of the Terms, and you shall also abide by it.
[Civil Capacity] If you are under 18, please read carefully and fully understand the Terms with the accompany of your legal guardian, and use the Platform and related Services after obtaining your legal guardian's consent.
[Contract Action] If you do not agree to the Terms, We will be unable to provide you with complete Services, and you can also choose to stop using them. If you voluntarily agree to the Terms or use the Platform and related Services, it will be deemed that you have fully understood the Terms and agreed to be bound by the Terms as well as other agreements and rules related to the Platform and Services.
Article 1 Definition
Unless otherwise defined in the Terms, the wordings used in the Terms shall have the following meanings:
- Personal Information: means various information recorded electronically or in other ways that can identify a particular natural person or reflect the activities of a particular natural person, either alone or in combination with other information. Personal sensitive information refers to Personal Information that once divulged, illegally provided or abused may endanger personal and property safety, and easily lead to damage to personal reputation, physical and mental health or discriminatory treatment. The Personal Information involved in the Terms includes basic information (including personal name, date of birth, gender, address, race or nation, contact information, religious belief, political opinions, e-mail address, WeChat ID, Weibo account, etc.); personal identification information (Including ID card, passport, driver's license, social security card, etc.), medical and health information, genetic information, sex life and sexual orientation information, personal biometric information (including voiceprints, facial recognition features, etc.); network identification information (including Personal Information Subject account number, password, IP address, personal digital certificate, etc.); personal property information (including transaction and consumption records, savings, securities and other financial account information, balances, coupons, redemption codes and other virtual property information); address book; consignee's name, delivery address, consignee’s contact number, payer’s account and/or mobile phone number, order-related delivery information, personal Internet records (including browsing records, software use records, and click records); personal common device information (including hardware model, device MAC address, operating system type, software list unique device identification code (information describing the basic situation of personal common devices, such as IMEI/Android ID/IDFA/OPENUDID/GUID, SIM card IMSI information, etc.)); personal location information (including itinerary information, precise location information, whereabouts trajectory, etc.); among them, the wordings in bold are the personal sensitive information involved, and Personal Information of Children under fourteen (including) belongs to personal sensitive information.
- Personal Information Subject: means the natural person identified by or associated with the Personal Information.
- Children: means the minors under the age of fourteen. Although local laws and customs have different definitions of Children, We treat anyone under the age of fourteen as a child. “Minor” means a natural person under the age of eighteen.
- Express Consent: means the behaviors of the Personal Information Subject who volunteers to make papery or electronic statements in written or oral form, etc., or to take affirmative actions to explicitly authorize specific processing of his/her Personal Information. Note: affirmative actions include actions that Personal Information Subject volunteers to tick, click "agree", "register", "send", "call", fill in or to provide, etc..
- Services: means the various tools or services provided by the Company to users and other tools or services newly added from time to time under the Terms, including but not limited to products and services like instant messaging, online media, Internet value-added, interactive entertainment, financial payments, advertising, etc., and the specific services are subject to the actual provided by the Company.
- Service Provider: means other enterprises, organizations and individuals engaged by the Company to perform certain functions on behalf of the Company, such as sending letters, e-mails, short messages, WeChat messages, clearing repeated information in the user list, providing markets assistance, conducting internal audits, data analysis, and research to improve the Services provided by the Company.
- Control: means the ability to directly or indirectly influence the management of the mentioned company, whether through ownership, voting shares, contracts, or other methods recognized by the laws.
- Platform Rules: including all the rules, interpretations, announcements, etc. that have been released and will be released subsequently in all Platform Rules channels as well as the various rules, implementation rules, product process descriptions, announcements, etc. released by each platform in communities, forums, and help centers.
- JW China: means JW (Cayman) Therapeutics Co. Ltd and any other legal entities directly or indirectly controlled by it and incorporated and to be incorporated from time to time in the future under the laws and regulations of China (including Hong Kong, Macau, and Taiwan), including but not limited to JW Therapeutics (Shanghai) Co., Ltd., JW Therapeutics R&D (Shanghai) Co., Ltd., JW Therapeutics (Suzhou) Co., Ltd. and Shanghai Mingju Biotechnology Co., Ltd., etc.. JW China has the right to adjust the member of it from time to time in accordance with the development of its business.
Article 2 Contracting Subject
- The Terms are concluded by you and the Platform operator jointly, and the Terms have the effect of contracting both to you and the Platform operator.
- The Platform operator refers to the legal entity who operates the Platform. You can check the license information published on the Platform at any time to determine the entity that performs the Terms with you. Under the Terms, the Platform operator may be changed according to the adjustment of the Platform’s business, and the changed Platform operator will perform the Terms with you and provide you with Services. The change of the Platform operator will not affect your rights and interests under the Terms. The Platform operator may be added due to the provision of new Platform Services. If you use the newly-added Platform Services, it shall be deemed that you agree to perform the Terms with the newly-added Platform operator. In the event of disputes, you can determine the subject of your performance and the party to the dispute based on the specific Services you use and the specific behavioral object that affects your rights and interests.
- You confirm that, before you start to use the Platform Services, you shall have the civil capacity required by the laws of the People's Republic of China that is compatible with your behaviors. If you are not equipped with the aforementioned civil capacity to adapt to your behaviors, you and your guardian shall bear all the consequences arising therefrom in accordance with the laws. In addition, you also need to ensure that you are not the objects of trade restrictions, economic sanctions, or other laws and regulations limits imposed by any country, region or international organization, nor are you the direct or indirect provider of funds, goods or services to such objects, otherwise you should stop using the Platform Services, and you also understand that the violation of the foregoing requirements may cause you to be unable to register and use the Platform Services normally.
Article 3 Disclaimer of Intellectual Property
- Unless We otherwise declare, all rights (including copyright, the rights of trademark, patent, trade secret and other related rights) of the names, texts, icons, pictures, photos, audios, videos, charts, color combinations, layouts, etc. of all products or Services in the Platform belong to JW China. Without the written permission of the Company, no one can share, duplicate, copy, sell, resell, access, transmit, upload, store, publicly display, change, modify, translate, compile, link or in other ways to use the contents or Services of the Platform or any part thereof for any commercial purpose, nor shall such contents or Services or any part thereof be removed from copyright, trademark or any other proprietary mark, or transferred to another person or “Mirror” to another server. If there is any need for use, you must obtain the Company's prior written authorization.
- We do not make any guarantee for the accuracy, legality, reliability, completeness, timeliness, applicability or immediacy of the contents, software, texts, graphics, tools, links or communication information involved in the Platform.
- For the convenience of visitors, the Platform may contain links to other platforms which are not affiliated with the Company that We consider useful. The Terms do not apply to any platform not owned by the Company. We are not responsible for the contents and behaviors of any third-party platform.
Article 4 Content and Modification, Interruption and Termination of the Services
- The Services provided by the Platform are various, you can visit or log in to the Platform to browse for details.
- Some of the Services on the Platform are only for professionals. You agree that We use the Personal Information you provide for identity verification to verify whether you are professional.
- We have paid a lot of costs for the Services provided by the Platform to you, except for the fee-based services explicitly stated on the Platform, the Services provided to you by the Platform are currently free of charge. If We charge you a reasonable fee in the future, We will take a reasonable approach and notify you through the statutory procedures within a reasonable time limit in advance and in the manner agreed in the Terms to ensure that you have the full right to choose.
- The equipment (such as mobile phones, tablets and other related devices access to the Internet or mobile network) and the fees (such as phone and Internet charges paid for the Internet access, cell phone charges for mobile network access) required for your use of the Platform and related Services shall be borne by you.
- In view of the particularity of the network services, you agree that the Company has the right to change, interrupt or terminate part or all of the Services (including charged Services) at any time without prior notice. The Company does not need to bear any responsibility to you or any third party. The Company does not make any guarantee that the Services will not be interrupted, nor does it guarantee that the immediacy, safety and accuracy of the Services.
- You agree that if you have not used the Platform for a long time, the Company has the right to freeze your account and password or terminate your use of the Platform and related Services (or any part of the Services) based on its own consideration, as well as to remove and delete any contents you generated on the Platform and related Services. You acknowledge and agree that, if your account, related information and documents are closed or deleted, the Company shall not be responsible for you or any third party.
Article 5 Register, Use and Management of the Account
- When you fill in the information as prompted on the registration page and/or use a third-party account to authorize login, after reading and agreeing on the Terms as well completing all registration and/or login procedures, you can obtain an account of the Platform and log in to use the Platform and related Services. The Platform only allows each user to use one Platform account. If there is evidence to prove or We judge that you have improper registration or misuse of multiple Platform accounts in accordance with the Platform Rules, the Platform can take measures such as freezing or closing accounts, canceling orders, refusing to provide the Services, etc. If the Platform and related parties suffer losses, you shall also be liable for compensation. If you are a patient and obtain a unique identification code based on your special identity, you can also log in to the Platform through the identification code and enjoy the Services provided by the Company.
- You are responsible for keeping your account and password; you understand and agree that you shall be legally responsible for all activities and events conducted with your account. If your account or password is illegally used by any third party due to hacking or your proactive disclosure or negligence in custody, the Company will not bear any responsibility, and you shall seek compensation from the infringer through judicial, administrative and other remedies. If you find any illegal use of the accounts or there exist security breaches, please notify the Company immediately and authorize the Company to synchronize the necessary information to the third-party Service Provider. You understand that it takes reasonable time for the Company to take actions on any of your requests, and that the actions taken by the Company at your request may not be able to avoid or prevent the formation or expansion of the consequences of infringement. The Company shall not liable for any responsibility except for the Company's statutory faults.
- You shall not transfer or lend your account and password to others for use in any way, otherwise the Company has the right to hold you accountable for a breach of contract, and the resulting responsibilities and consequences shall be borne by you.
- In order to facilitate your better use of various Services of the Platform and protect your account security, the Company may require you to complete real-name authentication in accordance with the relevant laws and regulations.
- When using the Platform and related Services, you shall provide your information (including your name, e-mail address, WeChat ID, contact number, contact address, etc.) accurately and completely according to the prompts page of the Platform to facilitate the Company or other users to contact you. You understand and agree that, you are obliged to maintain the authenticity, accuracy and validity of the information you provide.
- The ownership of the Platform accounts belongs to the Company. After you complete the registration application procedures, you will obtain the right to use the Platform account. The nickname, profile picture and other information you set shall not violate the national laws and regulations and the relevant Platform Rules, nor exist illegal, infringing, or bad information. If the Company discovers or a third party complains that you use false information to defraud the account registration, login, or your profile picture, nickname and other information contains illegal, infringing or bad information, the Company has the right to directly require to make corrections within a time limit, suspend the use, cancel the account, withdraw the account permissions and other measures.
- You shall update the information provided by you in a timely manner to meet the timely, detailed, accurate and effective requirements. All the original information entered will be used as registration information. The Company is not responsible for any problems and consequences caused by the untrue registration information you provide. In the case where the laws clearly stipulate that the Company as Platform Services Provider shall verify part of the users’ information, the Company will check and verify your information from time to time in accordance with the laws, and you shall cooperate to provide the latest, true, complete and effective information.
If the Company fails to contact you pursuant to the information you provided last time, or you fail to provide information in a timely manner as required by the Company, or the information you provide is obviously untrue, or the administrative and judicial authorities verify that the information you provide is invalid, you shall be liable for all the losses and adverse consequences caused to yourself, others and the Company. The Company may issue you a notice of inquiry or request for rectification, and require you to re-authentication until suspending or terminating providing part of or all of the Services to you.
Article 6 Your Rights and Obligations
- You can choose not to provide certain information, although you are required to provide information when using the Platform Services. When you update the information, We usually keep a copy of the original information on file. You represent and warrant that you have corresponding and legal rights to the information you release through the Platform and assume all the responsibilities for such information. Such information shall be regarded as non-confidential information, and We do not assume any type of obligations for such information. We can monitor, review and decide on our own to modify or delete any information you release on the Platform at any time, or request you to delete or modify it.
- The intellectual property, right of portrait and other rights of the non-personal information such as texts, pictures, videos, audios and the like except Personal Information, that you provide, release and form when using the Platform Services, will not be transferred due to the behaviors such as uploading, publishing, etc.. Unless We otherwise declare, within the scope permitted by law, you grant us a non-exclusive license without geographical restrictions for free use (including storage, use, copying, revision, editing, publishing, display, translation, and distribution of the above information or production derivative works, incorporating the above-mentioned information into other works with known or later developed forms, media or technologies, etc.) and the right to sub-license the third party to use, as well as the right to obtain evidence and file lawsuits against third-party infringing behaviors in our own name.
- In order to facilitate your use of the related Services of JW China, you authorize us to transmit or share the information provided and formed during the process of your account registration and use of the Platform Services within JW China.
- You are obliged to use the various Services provided by the Company to users in accordance with the procedures, rules and requirements stipulated by the Company. If you have any objections to the Services, you can contact the Company for timely resolution.
- You agree to accept the relevant information that the Company sends to you via the Platform push, e-mails, short messages, WeChat messages or other forms. If you do not want to receive our notifications by the Platform push, e-mails, short messages, WeChat messages or other forms, you can cancel or unsubscribe through the Platform or by changing the settings of the device system you use to log in to the Platform. However, even if you do not want to receive the terms and conditions and other legal documents sent by us, the Terms (including the updated versions) will still apply to your use of the Platform, and you are responsible for reading the Terms carefully to learn about the relevant contents and updates.
- You can access and correct your Personal Information by visiting [Me-Personal Information] by yourself (if any). If you are unable to access and correct such Personal Information through the above method, you can contact us by e-mail at any time, and We will respond to your request for access and correction within 30 days.
- Under the circumstances stipulated by the laws or the Terms, if you access and correct certain Personal Information which makes us unable to fulfill legal or ethical obligations, or be unable to investigate, file protection or legal claims, or cause the disclosure of Personal Information of the third party, or cause a breach of contract, or cause the disclosure of trade secrets or other proprietary business information belonging to us or a third party, your ability of access or correction will be restricted.
- You can cancel your account either through self-consultation with customer service (if any) or through submitting a cancellation application in the feedback section (if any). We will stop providing you with the products and/or Services after you cancel your account. After the cancellation is finished, We will delete your Personal Information or anonymize it as soon as possible in accordance with the requirements of the laws and regulations, unless otherwise stipulated by the laws and regulations.
- In the following situations, you can request us to delete the Personal Information:
a. if our handling of the Personal Information violates the laws and regulations;
b. if We collect and use your Personal Information without your authorization or consent;
c. if our handling of the Personal Information violates our agreement with you;
d. if you no longer use our Services, or you cancel your account;
e. if We no longer provide the Services to you.
- After you submit the request of deleting the Personal Information, We may not delete it in the backup system immediately but will delete your Personal Information when the backup system is updated. In some cases, if We need to retain the Personal Information in accordance with the laws or regulations, or to continue to manage the Services requested by you, or to ensure that We respect your preferences, or to use it for other necessary business purposes, We may not be able to delete some of your Personal Information.
- In order to ensure the safety of use, We may first ask you to provide relevant materials to verify your personal identity, for example, ask you to provide the written materials, or to verify your identity in other ways before processing your request.
- For those requests that are unreasonably repeated, or may require excessive technical means (for example, need to develop new systems or fundamentally change current practices), or may bring risks to the legitimate rights and interests of others, or to be very unrealistic (for example, involving information stored in the backup system), We may refuse such requests.
- When you use the Platform and related Services, you must abide by the relevant laws and regulations of the People's Republic of China. You shall not use the Platform and related Services to conduct any illegal or improper activities, or disrupt the operation and order of the Platform and related Services. You shall ensure that you do not engage in the following behaviors, including but not limited to:
a. making, copying, publishing, disseminating or transmitting the information containing one of the following contents in other ways:
Ø opposing the basic principles determined by the Constitution Law or the laws and regulations;
Ø endangering national security, leaking national secrets, and subverting national power;
Ø destroying national unity;
Ø damaging to national honor and interests;
Ø inciting ethnic hatred, ethnic discrimination, and destroying ethnic unity;
Ø destroying the national religious policy and disseminating cults and feudal superstition;
Ø spreading rumors, disrupting social order, and destroying social stability;
Ø spreading obscenity, pornography, gambling, violence, homicide, terror or instigating crime;
Ø insulting or slandering others, infringing the legal rights of others;
Ø inciting illegal assemblies, associations, parades, demonstrations, gathering crowds to disrupt social order;
Ø acting in the name of illegal civil organizations;
Ø containing false, harmful, intimidating, infringement of the privacy of others, harassment, infringement, slander, vulgar, obscene, or other morally objectionable contents;
Ø containing other contents restricted or prohibited by Chinese laws, regulations, rules, statutes and any norms with legal effect.
b. not use the Platform and related Services to engage in the following activities:
Ø entering the computer information network or using the resources of computer information network without permission;
Ø deleting, modifying or adding the functions of computer information network without permission;
Ø deleting, modifying or adding data and application programs stored, processed or transmitted in the computer information network without permission;
Ø for whatever purpose, compiling, decompiling, reversing engineer or using built-in plug-in programs to damage the Platform security and data security;
Ø using plug-ins and/or program loopholes to gain benefits;
Ø posting fraud or false information by impersonating JW China;
Ø deliberately making, spreading computer viruses and other destructive programs, and existing other behaviors that endanger the security of the computer information network;
Ø the Company has reasonable grounds to suspect that you have other behaviors in violation of the laws and regulations, public order and good morals, as well as principles of good faith.
- You understand that your rights and interests may include or involve the products, functions or services provided by the third party (hereinafter referred to as the "Third-Party Content"). The Third-Party Content is set up to provide you with more complete and abundant rights and interests and has achieved the legal authorization of the third party. The third party is the actual provider of the Third-Party Content, and if you accept the products, functions or services provided by the third party, please understand that the relevant agreements and/or rules concerning the Third-Party Content are concluded between you and the third party, and the Company has no right to provide use authorization, services guarantee and user support for the Third-Party Content in the Terms. Based on the professionalism and independence of the services or contents provided by the Company and the third party separately, if you have any questions or requests in the process of using the Third-Party Content, you can directly contact the third party. In case of disputes arising from your use of the Third-Party Content, including but not limited to disputes arising from the quality of products or services, you shall resolve through direct negotiation with the third party. In order to continuously improve your user experience, you understand that the Third-Party Content included in the user’s rights and interests may be added or reduced, and the newly-added Third-Party Content will also apply the provisions of this article after it has been notified to you in advance by the notification method agreed in the Terms. If you have any objections, you can contact us through the contact information publicized in the Terms. In order to provide you with better Services, the Company will provide your limited relevant information to the third party based on the specific authorization you provide to the third party in the agreement with the third party and the Terms, as well as in accordance with the principle of necessity and minimum of the content that the third party provides to you. If you do not want a third party to obtain your information, you can stop using the Third-Party Content, and the Company will stop transmitting your information to the third party.
- In order to adapt to the development of the Internet and meet the needs of a large number of users’ demands for efficient and high-quality Services, you understand and agree that We can regulate the procedures and standards for the determination of a breach of contract in the Platform Rules. For example, We can determine whether you constitute a breach of contract based on the relationship between your user data and massive users' data; you are obliged to provide sufficient evidence and reasonable explanations for your data anomalies, otherwise, it will be deemed a breach of contract. In this regard, the Company has the right, depending on the nature of your behaviors, to take measures including but not limited to deleting the content of the published information, suspending the use license, terminating the Services, restricting use, recycling the account, and requiring to hold legal responsibilities. For malicious registration of the account of the Platform or using the account of the Platform to conduct illegal activities, disrupting, harassing, deceiving other users, and other violations of the Terms, the Company has the right to take back his/her account. At the same time, the Company will cooperate and assist in investigations according to the requirements of the administrative and judicial departments.
- If the Company suffers from third-party claims, administrative penalties, etc. as a result of your breach of the Terms or your reasons, you shall compensate the Company for the losses and/or expenses incurred, including litigation/arbitration fees, reasonable attorney fees, investigation and evidence collection fees, etc. If your personal behaviors cause damages to the Company’s goodwill, the Company has the right to require you to eliminate the impact through reasonable means.
Article 7 How We Collect, Use, Share and Publicly Disclose Your Personal Information
- We will follow the principles of fairness, lawfulness and necessity, and for the purposes described in the Terms, collect and use the Personal Information that you volunteer to provide in the course of using the Services or generated by using the Company's products and/or Services. If We want to use your Personal Information for other purposes not specified in the Terms, or to use the collected information for other purposes based on specific purposes, We will inform you in a reasonable manner and ask for your Express Consent again before using it.
- You can choose to register your own account to use the Platform Services. When registering or logging in, the information you need to provide may include: your profile picture, name, valid mobile phone number, ID/passport number, e-mail address, occupational information, province, city you located at and other related information. If you agree to register or log in, you shall be deemed to have authorized us to collect your Personal Information and use it within a reasonable range to improve our Services.
- We will use the information you provide to recommend popular science information, messages, contents or Services that you may be interested in or that We consider are closely related to you, such as providing you with the access links of other websites and programs or software other than our Platform; providing you with relevant medical information about our products and/or Services or the treatment fields We are involved in; pushing the progress information of the production, quality inspection and delivery of customized products and/or Services to specific users. When you search for and view by using our Services, or when you use the Platform Services or access the Platform pages, the Platform may automatically receive and record your information, including your Services log information (such as IP address, browser type, operator, user identity, length of attention, used language, date and time of visit, duration of visit, activity, active period, content tendency, browsing history), device information (such as device model, operating system version, device settings, unique device identifiers, device environment and other software and hardware feature information), information about the location of the device (including the authorized GPS location, WLAN access point, Bluetooth, base station and other sensor information) and the information you submit to us through the Platform, including any comments, opinions, suggestions, ideas, notes, illustrations, graphics, concepts or other information and data, and may use non-personal information for our business purposes, such as data analysis, auditing, fraud detection and prevention, perfecting, updating or improving our Services, etc..
- In order to comply with the laws, to protect the personal and property safety of you or other users or the public from damages, to better prevent security risks such as fishing websites, fraud, network vulnerabilities, computer viruses, network attacks, network intrusions, and to more accurately identify the violations of the laws and regulations or rules in relevant agreements, We will judge the risk of your account in a commercially reasonable method by analyzing your account information, device information, Services log information and shared information obtaining under your authorization or in accordance with the laws alone or comprehensively, and by recording some of your network usage habits, your commonly used software information, and URLs that We consider to be risky. This does not include selling, renting, sharing or otherwise disclosing personally identifiable information for profit in violation of the commitments made in the Terms.
- We may collect information about medical and health professionals who register and use the Platform through public or third-party information sources in order to verify their professional qualifications and identities. In some cases, We may use the information provided by a third party to augment our existing user database. Some of the information may be Personal Information, such as mobile phone numbers.
- Your information is an important part of our business, and We will not resell it to others. We will only share specific information within JW China.
- The Service Provider has access to user information necessary to perform their duties, but cannot use such information for any other purposes. We will have a strict agreement with the Service Provider on the data protection measures, so that it will process the accessible Personal Information in accordance with our entrusted purpose, service description, the Terms and any other relevant confidentiality and security measures.
- Except as otherwise provided in the Terms, when your information may be shared or disclosed to a third party, you will be notified, and you will have the opportunity to choose not to share such information with a third party. If We use your information for other purposes not specified in the Terms, or use information collected for a specific purpose for other purposes, We will obtain your consent in advance.
- If the information you provide contains the Personal Information of other users, you need to ensure that you have obtained legal authorization before providing such Personal Information to us.
- The purpose of collecting users’ information is to provide users with the Services and improve the quality of the Services, in order to achieve this purpose, We will use users’ information for the following purposes:
a. providing users with our products and/or Services, as well as maintaining, improving these products and/or Services;
b. recommending to users the content that may be of interest to users, including but not limited to sending users the products and Services information, or displaying personalized third-party promotional information to users through the Platform, or sharing information with JW China and its cooperation partners with users’ consents so that they can send information about their products and services to users;
c. We may use the users’ Personal Information to prevent, detect, investigate fraud, safety-endangering, illegal behaviors or that violates the agreements, policies or rules of JW China, in order to protect the legal rights and interests of users, other users or us;
d. We may combine the Personal Information from a certain Service with information from other Services to provide users with more personalized Services use;
e. other purposes permitted by users.
- We will not sell or rent any of users’ information to a third party for marketing purposes. We will only share users’ information with the third party under the following circumstances:
a. sharing under statutory circumstances: We may share your Personal Information with the external party in accordance with the laws and regulations, litigations, dispute resolution needs, or requirements of the administrative and judicial authorities in accordance with the laws;
b. sharing with Express Consent: after obtaining your Express Consent, We will share your Personal Information with other parties;
c. sharing the users’ Personal Information within JW China: in order to provide you with better products and/or Services, your Personal Information may be shared with our management company and/or the designated third-party Service Provider. We will only share necessary Personal Information and are bound by the purpose stated in the Terms. If We intend to share your personal sensitive information or change the purpose of using and processing Personal Information, We will ask for your authorization and consent again;
d. necessary sharing when to provide you with the products and/or Services you need: Only by sharing the users' information with third-party Service Provider can provide the users with the Services;
e. if the user violates the relevant Chinese laws, regulations, rules or policy documents, We need to disclose to a third party;
f. safeguarding the legitimate rights and interests of JW China or other users.
- We will not transfer your Personal Information to any company, organization or individual, except in the following cases:
a. transfering with Express Consent: after obtaining your Express Consent, We will transfer your Personal Information to other parties;
b. when the Company undergoes the situation of merger, acquisition or bankruptcy liquidation, or other situations involving mergers, acquisitions or bankruptcy liquidation, in case of the transfer of the Personal Information is invovled, We will require the new enterprises, organizations or individuals that hold your Personal Information to continue to be bound by the Terms, otherwise We will require such enterprises, organizations and individuals to seek authorization and consent from you again.
- We will only publicly disclose your Personal Information under the following circumstances:
a. We may publicly disclose your Personal Information with your Express Consent or based on your active choice;
b. if We determine that you have violated the laws and regulations or seriously violated the relevant agreements and rules of the Platform, or to protect the personal and property safety of the Platform users or the public from infringement, We may disclose your Personal Information, including the related violation behaviors and the measures We have taken against you, either by the laws and regulations or after obtaining your consent.
- In the following situations, We can collect, use, share, transfer, and publicly disclose your Personal Information without your authorization consent, and We may not respond to your requests for correcting, deleting, canceling, withdrawing of consent and exacting such information:
u a. related to our fulfillment of obligations stipulated by the laws and regulations;
u b. directly related to national security and national defense security;
u c. related to public safety, public health, and major public interests;
u d. related to administrative law enforcement or criminal judicial activities, such as criminal investigation, prosecution, trial, and execution of judgments;
u e. to protect your or other individuals' life, property and other major legal rights and interests, but it is difficult to obtain the consent of the individual;
u f. the Personal Information collected is disclosed to the public by yourself or your guardian;
u g. collecting your Personal Information from legally publicly disclosed information, such as from legal news reports, government information disclosure, etc;
u h. necessary for signing and fulfilling the Terms according to your requirements (only limited to collection, use, and sharing);
u i. necessary to maintain the safe and stable operation of the products and/or Services provided by the Company, such as discovering and disposing of products or Services breakdown (only limited to collection, use, and sharing);
u j. necessary for legal news reports (only limited to collection, use, and sharing);
u k. necessary for academic research institutions to conduct statistical or academic research for the public interests, and when they provide academic research or description results to the public, the Personal Information contained in the results shall be de-identified (only limited to collection, use, and sharing)；
u l. other circumstances stipulated by the laws and regulations.
- Please be aware that, in accordance with the applicable laws, if We take technical measures and other necessary measures to process the Personal Information to prevent the data recipient from re-identifying specific individuals and recovering, or We may de-identify the collected information for research, statistical analysis and forecasting to improve our content and layout, provide products or Services support for business decision-making, and improve our products and Services (including the use of anonymous data for machine learning or model algorithm training), no notifying to or Express Consent from you is necessary for the use, sharing, transfer and public disclosure of the processed data.
- If you have any questions about the legal basis for our collection, use, sharing, and public disclosure of your Personal Information or require further information, please contact us through the contact information stated at the end of the Terms.
Article 8 How We Use Cookie and Similar Technologies
- In order to ensure the normal operation of the Platform, deliver a better user experience, and recommend content that may be of interest to you, We will store Cookies, Flash Cookies, or other local storage provided by the browser (or associated application) which usually contain identifiers, site names, and some numbers and characters (collectively, “Cookie”) on your computer or mobile device. With Cookie, the Platform can store data such as your access information or preferences.
- You are free to modify your Cookie acceptance or decline our Cookie if your browser or browser add-on allows. However, if you do this, your secure access to our Platform will be affected in some cases and you will probably need to change the user settings every time you visit our Platform.
- In addition to Cookie, We also use other similar technologies such as web beacons, pixel tags and ETags on our Platform. For example, the e-mail that We send to you might contain an address link to the content of our Platform. If you click the link, We will track it. This helps us understand your products or Services preferences, so that We can proactively improve the user service experience. Web beacons are usually transparent images embedded in websites or e-mails. Pixel tags in e-mails enable us to tell whether the e-mails have been opened. If you do not want your activities to be tracked in this way, you may unsubscribe from our mailing list at any time.
- An ETag is an HTTP header transmitted between your web browser and the web server, which may help replace the need for Cookie. ETags can help us avoid unnecessary server load, improve service efficiency, and save resources and energy. In addition, We may use ETags to record your identity so that We can better understand and improve our products or Services. Most browsers provide an option to clear the cached data, and you can perform data cleaning operations in the browser settings. But please note that if you stop using ETags, you may not enjoy a relatively better product or service experience.
Article 9 How We Protect Your Information Security
- We will use encryption technology, anonymization processing and related reasonable and feasible methods that are no less than those of industry peers used to protect users' Personal Information, and use security protection mechanisms to prevent users' Personal Information from malicious attacks. For example, in the process of information transmission, We use [https] to encrypt the information you enter, so as to strive to protect the security of your information.
- We carry out comprehensive security control of data by signing confidentiality agreements, monitoring and auditing mechanisms with information contacts to prevent unauthorized access, public disclosure, use, modification, damage or loss of your Personal Information.
- Although the above reasonable and effective measures have been taken and the standards required by the relevant laws and regulations have been complied with, please understand that due to technical limitations and various malicious methods that may exist, the Internet environment is not 100% safe, and We will do our best to ensure the security of any information you send to us, but We do not guarantee the comprehensiveness, reasonableness, effectiveness and suitability of the measures used to protect the information. Even if We do our best to strengthen security measures, but if our physical, technical, or management protection facilities are damaged, resulting in illegally authorized access, public disclosure, tampering, or destruction of information, resulting in damage to your legitimate rights and interests, We will not take the corresponding legal responsibilities. If you have reason to believe that your information is no longer secure, please contact us immediately in the manner disclosed in the Terms.
- Please be aware and understand that the system and communication network used by you to access our products and/or Services may have problems due to factors beyond our control. Therefore, We strongly recommend that you take active measures to protect the security of the Personal Information, including but not limited to using complex passwords, regularly changing passwords, as well as not disclosing your account password and related Personal Information to others.
- We will formulate emergency response plans, and immediately activate emergency plans when users’ information security incidents occur, striving to prevent the impact and consequences of these security incidents from expanding. In the event of a Personal Information security incident (such as leakage or loss) occurs, We will promptly inform you in accordance with the requirements of the laws and regulations: the basic situation and possible impact of the security incident, the disposal measures We have taken or will take, the suggestions that you can take precautions on your own and reduce risks, the remedial measures for you, etc. We will promptly inform you of the incident by e-mail, letter, telephone, push notification, etc. When it is difficult to inform everyone singly, We will take a reasonable and effective way to issue an announcement. At the same time, We will also proactively report the handling of the Personal Information security incidents in accordance with the requirements of the regulatory authorities.
Once you leave the Platform and related Services, browse or use other applets, mobile applications, software, websites, services and content resources, We will not have the ability and direct obligations to protect any Personal Information submitted by you on the applets, mobile applications, software, and websites other than the Platform and related Services, regardless of whether you log in, browse or use the above applets, mobile applications, software, or websites are based on links or guidance from the Platform.
Article 10 Location and Period of the Information Storage
- Information storage location: We abide by the laws and regulations and will store the Personal Information collected and generated in the People’s Republic of China. Currently, We will not transmit your Personal Information abroad. If there is a necessity to transmit the Personal Information abroad for providing you with the Services in the future, we will ensure that your Personal Information is adequately and equally protected as stored in the People's Republic of China and meets the requirements of the local laws and regulations. We will also follow relevant national regulations to obtain your Express Consent to the transmit of the Personal Information overseas, or implement security measures such as data de-identification before cross-border data transmission.
- Period: We will only retain your Personal Information for the period necessary to achieve the purpose stated in the Terms. After the necessary retention period is exceeded, We will delete or anonymize your Personal Information in accordance with the requirements of applicable laws and regulations, except as otherwise provided by the laws and regulations.
Article 11 Protection of the Minor
- In General, our products, contents and Services are mainly for adults. When a request for information about medicines is permitted by the laws, the individual requesting us to provide information about Children's medicines must be at least 18 years old. If you are under the age of 18, before using the Platform and related Services, please read carefully and fully understand the Terms with your legal guardian. In particular, you shall pay special attention to the article of Minor protection, and can use the Platform and related Services only after obtaining the consent of the legal guardian. Without the consent of the legal guardian, the Minor is not allowed to use the Platform Services, nor can he/she create their own accounts.
- We protect the Personal Information of the Minor in accordance with relevant national laws and regulations. We will only collect, use, share, transfer or publicly disclose the Personal Information of the Minor when permitted by the laws, with the Express Consent of the legal guardian, or for the necessity to protect the Minor.
- If We find that We have collected Children's Personal Information without the prior approval of verifiable parents or other guardians, We will try to delete the relevant information as soon as possible. If you are the legal guardian of a child, when you have any questions about the Personal Information of the child under your guardianship, please contact us through the contact information disclosed in the Terms.
Article 12 Limitation of Liability
- We perform the basic guarantee obligations in accordance with the laws, but We are not liable for breach of contract for the situations such as obstacles to performing the Term, performance defects, delays in performance, or changes in the content of performance and the like due to the following reasons:
a. force majeure factors such as natural disasters, strikes, riots, wars, epidemics, government actions, judicial administrative orders, etc.;
b. due to public service factors or third-party factors such as power supply failures, communication network failures;
c. in the case that We have managed in good faith, due to factors such as routine or emergency equipment and system maintenance, equipment and system breakdowns, network information and data security, etc.
- The information published on the Platform is general information for your reference only, and there may be risks and defects. We will try our best to protect your legal rights and good experience on the Platform by establishing relevant inspection and monitoring systems in accordance with the laws. At the same time, in view of the massive amount of information on the Platform, We cannot review the legitimacy, authenticity, and accuracy of the information one by one, and you shall judge this with caution. In case of further development of the Platform, the Company may release some information including medical conditions and treatment methods. Such information will only be used as basic knowledge to popularize. Under no circumstances will it replace professional medical guidance in any way, and should it be considered as part of medical advice or diagnosis. If for any reason, the content of the Platform or your reliance on the content of the Platform causes any loss or damage, We will not bear any legal responsibility. The content posted on the Platform does not mean that We agree with the relevant content, opinions, views or positions.
- To the maximum extent permitted by the laws, JW China has not made any express or implied, statutory or other guarantees for its products and/or Services through the Platform, and shall not bear any legal responsibility. In particular, We do not make any representations or guarantees about whether your use of any content displayed on the Platform will infringe the rights of the third party, nor do We assume any legal responsibility; for the availability, stability, continuity, error-freeness, no viruses or other harmful factors of the Platform, We neither make any representations or guarantees, nor assume any legal responsibility.
Article 13 Commercial Bribery
If you provide employees or consultants of JW China with benefits in kind, cash, cash equivalents, labor services, tourism, etc., which are clearly beyond the scope of normal business negotiations, you may be deemed to have committed commercial bribery. In the event of the above situation, the Company can immediately terminate providing the Services to you and collect liquidated damages and/or compensation from you. These amounts are calculated based on the economic loss and loss of goodwill suffered by the Company due to your bribery.
Article 14 Association Processing
- If the Company terminates the Terms due to your serious breach of contract, for the purpose of maintaining the order of the Platform, JW China may take measures to suspend or even terminate the cooperation with you under other agreements, and notify you in the manner agreed in the Terms.
- If other agreements between the Company and you clearly stipulate that the situation of association processing for the cooperation with you under the Terms, the Company may, for the purpose of maintaining the order of the Platform, suspend or even terminate providing the Services upon receipt of instructions, and you shall be notified in the manner agreed in the Terms.
Article 15 Applicable Laws and Dispute Resolution
By using any of the Services of the Platform, you agree that the Terms and any disputes arising between you and the Platform shall be governed by the laws of the People's Republic of China. Any disputes or claims in any form related to your use of any of the Services of the Platform shall be submitted to the court of the registration place of the Platform operator for settlement.
Article 16 How to Apply and Update
- Since our Services and technologies are constantly updated and optimized with your and other demands, We may update the Terms from time to time and inform you of the specific content of changes when new Services and business processes change. We reserve the right to modify, add or delete part of the contents of the Terms at our own discretion. If We decide to change the Terms, We will post these changes on the Platform so that you can always be aware of our changes. Any changes or modifications will become effective when the Terms (including updated versions) are released. You start to use the Platform and related Services or continue to use the Platform and related Services after We update the Terms (We will prompt you to update them), which means you agree to the contents of the Terms (including updated versions) and agree us to collect, use, store, protect and share your relevant information in accordance with the Terms. The latest update date of the Terms is shown at the beginning of the Terms.
- To provide users with better Services and user experience, We may update the Platform from time to time. Please update the version of the Platform through a formal and legal application market and application store. If you update the version of the Platform through an abnormal channel, you will be responsible for the loss or impact caused.
Article 17 Miscellaneous
- Due to force majeure or other unexpected events, making the performance of the Terms impossible, unnecessary or meaningless, both parties shall not be liable. The force majeure mentioned in the Terms means objective circumstances that cannot be foreseen, unavoidable and cannot be overcome, including but not limited to wars, typhoon, floods, fire, lightning or earthquakes, strikes, riots, statutory diseases, hacker attacks, network viruses, technology controls of telecommunications department, government actions, or any other natural or man-made disasters.
- For the avoidance of disputes, you agree to use the data stored on the Company's server as the criterion for judging the data and technical issues involved in the Terms.
- The headings in the Terms are only for the convenience of reading and do not affect the meaning or interpretation of any provisions in the Terms.
- If any articles in the Terms are judged to be completely or partially invalid or not enforceable for any reason, the other articles of the Terms shall still be valid and enforceable.
- The Company’s non-exercise, failure to exercise in a timely manner, or inadequate exercise of the rights agreed in the Terms or in accordance with the laws shall not be regarded as a waiver of the rights, nor shall it affect the Company’ s future exercise of the rights.
- All the Company's notifications to users can be made through Platform announcements, e-mails, site messages, WeChat messages, mobile phone text messages, or regular mail transmission. The Company will send you notifications through the above contact methods, among which written notices sent electronically, including Platform announcements, sending text messages to the contact number you provided, sending e-mails to the e-mail address you provided, sending WeChat message to your WeChat ID, sending notification message, system messages to your account, etc., and such message and notification will be deemed to have been delivered after being successfully sent; written notices with paper carrier will be deemed to have been delivered on the fifth calendar day after mailed to the provided contact address. The content of the notice may have a significant beneficial or adverse impact on your rights and obligations, so please pay attention to it in time.
- The Terms are concluded in both Chinese and English. In case of any inconsistency between the two versions, the Chinese version shall prevail.
Article 18 How to Contact Us
If you have any questions about the Platform and related Services, please contact us in the following ways and give a full description, and We will try our best to solve them.
Company Name: JW Therapeutics (Shanghai) Co., Ltd.
Contact Phone: +86 21 50783699