Effective Date: 2024/ 11/ 27
Privacy Policy of OverTheHand Co., Ltd.
OverTheHand Co., Ltd. ("Company" or "we") respects your personal information and is committed to protecting it. To this end, we have prepared this Privacy Policy to explain how we collect, use, and share your information. This Privacy Policy is designed to help you make informed decisions when visiting or using our services, and we recommend that you review it carefully. If you are under 19 years of age (or the age of majority in your jurisdiction), please ensure that your parent or legal guardian reviews this document.
We periodically review this Privacy Policy to reflect changes in our operations, privacy practices, and/or services, as well as updates to applicable laws and regulations ("Applicable Laws") in jurisdictions where we operate. We reserve the right to amend this Privacy Policy at any time by posting a revised version on this page, with an updated βEffective Date,β without prior notice. You acknowledge and agree that we have provided you sufficient notice of any amendments by posting them on this page. If we make material changes to our privacy practices, we will use reasonable efforts to inform you promptly.
Additionally, you acknowledge and agree that your continued use of our services constitutes your acceptance of the current and future revisions to this Privacy Policy. If you do not agree to the current or any future revisions to the Privacy Policy, you must discontinue your access and/or use of the services. This Privacy Policy, as updated from time to time, supplements and forms part of our Terms of Service. Terms not defined in this Privacy Policy shall have the meanings given in the Terms of Service.
1. Personal Information We Collect
"Personal Information" refers to information related to an identified or identifiable individual. Information such as your email address, Internet Protocol (IP) address, or other details that can directly or indirectly identify you are generally considered Personal Information. We collect your Personal Information through three main methods:
a) Information you directly provide to us;
b) Information automatically collected during your use of the services; and
c) Information collected from third parties.
a) Information Collected Directly from You:
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Account Information: We may collect information you provide when creating an account (e.g., email address, phone number, password).
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Communication Information: We may collect information you share when contacting us via email, chat, or website forms for support, feedback, or other purposes.
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Survey Information: We may collect information about you when you participate in surveys, contests, promotions, or marketing campaigns.
To generate and animate your avatar, we may access your device's camera and use facial expression tracking technology. However, we do not collect, store, or record any images or facial tracking data from your device's camera. All image or facial tracking data remains on your device and is used solely for runtime animation purposes.
b) Information Automatically Collected During Use of Services:
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Usage Information: We may collect details about your interaction with the services, such as the duration and frequency of use, content viewed, and actions taken.
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Content Information: We may collect content you create using the services, including customized avatars.
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Technical Information: We may collect device and network details like device model, operating system, IP address, system language, browser, and referring site. Diagnostic and performance logs, such as crash reports, may also be collected.
We, our service providers, and/or business partners may use cookies, flash cookies, web beacons, and similar technologies to collect the above information.
c) Information Collected from Third Parties:
We may receive information about you from third parties (e.g., when others share information about you through support inquiries or feedback).
d) Verification Information:
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Purpose: For providing services, obtaining legal guardian consent, and complying with applicable laws, the following information may be collected:
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Utilized By: OverTheHand
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Identification and member management, service provision, and member comparison.
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Name, date of birth, gender, nationality, ID, phone number, email, and unique identification value (CI).
2. Childrenβs Privacy
This service is not directed to individuals under the age of 14 or the minimum age applicable in your jurisdiction, and we do not knowingly collect Personal Information from such individuals. If we become aware that a minor under the specified minimum age has created an account or used the service, please contact us at cs@overthehand.com so we can take appropriate steps to restrict access and remove their information from our records as quickly as possible.
3. Use of Collected Personal Information
We may use your Personal Information for the following purposes:
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To provide the services you request.
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To analyze how you interact with the services.
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To maintain and improve the content and functionality of the services.
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To provide personalized content during your use of the services.
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To develop new products and services.
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To provide customer support and respond to inquiries, feedback, or questions.
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To diagnose and resolve technical issues with the services.
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To send marketing and promotional materials.
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To promote the services through marketing campaigns.
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To send administrative information related to the services (e.g., updates to terms or policies).
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To enforce the Terms of Service and other policies.
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To detect, prevent, and address misuse, fraud, or illegal activities.
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To comply with legal and regulatory obligations.
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To protect our rights and interests during legal and administrative proceedings.
We will not use your Personal Information for materially different, unrelated, or incompatible purposes without prior notice.
4. Provision and Entrustment of Personal Information
We do not share your Personal Information with third parties except in the following circumstances:
(a) with third parties as described in this Privacy Policy;
(b) to the extent required by applicable laws;
(c) where we are obligated to disclose such information;
(d) where sharing is necessary for our legitimate interests;
(e) to the extent consistent with the Terms of Service and/or other agreements with you; or
(f) based on your request or consent.
Without limiting the generality of the foregoing, we may share your Personal Information with the following third parties as part of the processing purposes described in Section 3 above:
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Service Providers, Business Partners, and Professional Advisors:
We may share your Personal Information with third parties with whom we have service agreements to fulfill business operations, such as facial expression tracking services, web hosting services, email newsletter services, or customer support services. These third parties access, process, and/or store your Personal Information in accordance with our instructions. We take commercially reasonable steps to ensure these parties acknowledge the confidentiality of your Personal Information, respect your data protection rights, and comply with all applicable data protection laws.
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Government Authorities or Legally Required Third Parties:
We may share your Personal Information with law enforcement, regulatory authorities, courts, government agencies, or third parties if we have a good faith belief that such disclosure is reasonably necessary to comply with applicable laws, legal processes, or enforceable government requests; to detect, prevent, report, or address fraud, illegal activities, security issues, or technical issues; or to protect the rights, property, or safety of our company, users, or others as permitted or required by law.
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Corporate Transaction Counterparties:
If we engage in a corporate transaction, such as a merger, acquisition, restructuring, asset sale, bankruptcy, or dissolution, Personal Information may be included as part of the transferred assets. In such cases, we will use reasonable means to notify you (e.g., via email and/or prominent notice on our services) of the transaction.
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Other Users and the Public:
We may use your avatar and/or user content for marketing campaigns to promote the services. Additionally, if you use your avatar outside the services in accordance with the Terms of Service, your avatar and/or user content may become visible to the public.
5. International Transfer of Personal Information
By accessing and using our services, you understand and agree that your Personal Information may be stored and processed in South Korea or other countries where we, our service providers, business partners, or professional advisors maintain facilities. You agree that your Personal Information may be transferred to jurisdictions that may not offer the same level of data protection as your jurisdiction of residence.
6. Information Security
You acknowledge and agree that you are responsible for using the services at your own risk. We take reasonable administrative, technical, and physical safeguards to protect your Personal Information from unauthorized access, disclosure, alteration, or destruction. However, no security measures are completely secure, and we cannot guarantee that your Personal Information will not be subject to unauthorized access, loss, misuse, or alteration.
You also play an important role in protecting your Personal Information. When creating an account, choose a sufficiently long and complex password, do not disclose it to third parties, and notify us immediately if you become aware or have reason to believe that your Personal Information is no longer secure. Additionally, we are not responsible for circumvention of privacy settings or security measures included in the services or third-party services.
7. Retention and Destruction of Personal Information
We retain your Personal Information only for as long as necessary to fulfill the purposes outlined in this Privacy Policy. When we determine that your Personal Information is no longer necessary for its original purpose, we securely destroy or anonymize it. Even if you decide to close your account, we may retain your Personal Information to the extent required to comply with legal, regulatory, accounting, or tax reporting obligations or to establish, exercise, or defend legal claims.
8. Your Choices Regarding Personal Information
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Account Information and Closure:
You may access and edit certain account information by logging into your account. If you no longer wish to use the services, you may close your account. However, as outlined in Section 7, we may retain your Personal Information even after account closure if necessary to comply with legal or other obligations or to establish, exercise, or defend legal claims.
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Promotional Emails:
You may opt out of receiving marketing, promotional, or advertising emails by using the βunsubscribeβ link included in such emails. Please note that opting out of promotional emails does not affect your ability to receive emails regarding account security, updates to terms or the Privacy Policy, or other non-promotional communications.
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Cookies:
We, our service providers, or business partners may use cookies and similar technologies to collect your Personal Information. You may set your browser to remove or reject cookies before accessing and/or using the services. However, please note that certain features of the services may not function properly without cookies.
9. Links to Third-Party Websites
The services may contain links to third-party websites, applications, or plugins. Please note that by following these links, the respective third parties may collect or share your Personal Information, and they may have their own privacy policies. We do not control the privacy settings or practices of these third parties and are not responsible for any privacy or data practices of third-party websites, applications, or plugins accessed through links on our services.
You acknowledge and agree that we are not liable for your use of or interaction with third-party websites, applications, or plugins accessed via links from our services. The inclusion of such links does not imply endorsement or review by us of those sites. For information on third-party privacy practices and policies, please contact the respective third-party services directly.
10. Contact Us
If you have any questions or concerns about our privacy practices or need assistance in exercising your rights as a data subject, please contact us at cs@overthehand.com. To protect your Personal Information and ensure security, we may need to verify your identity before processing your request.
11. Global Policy
This Privacy Policy applies globally. However, if specific legal rights or prohibitions in certain jurisdictions take precedence, such rights or prohibitions will not be invalidated by this Privacy Policy. In such cases, the rights and obligations set forth in this Privacy Policy will apply, modified as necessary to comply with applicable local laws and regulations.
This document is originally written in Korean, with an English translation provided for reference. In the event of any conflict between the Korean original and the English translation, the Korean version will prevail to the extent permitted by the applicable laws in your jurisdiction.
Supplementary Provisions for Users Residing in South Korea
If you are using our services in South Korea, the following supplementary provisions apply. In the event of any conflict between these provisions and the main Privacy Policy, these provisions shall prevail.
a. Minors Under the Age of 14
This service is not intended for individuals under the age of 14 in South Korea, and we do not knowingly collect Personal Information from such individuals.
b. Notification of Revised Privacy Policy
If we revise this Privacy Policy, we will notify users of the revised policy along with the current policy, including the effective date and reasons for the changes. Notifications will be provided at least seven (7) days prior to the effective date and remain available until the day before the new policy takes effect.
For significant changes, notifications will be provided at least thirty (30) days in advance of the effective date, and individual notifications (e.g., via email) will be sent for such changes. If you do not express your objection to the revised Privacy Policy within the seven (7) or thirty (30) days, as applicable, you will be deemed to have consented to the revised terms.
c. Retention of Personal Information
In accordance with the Protection of Communications Secrets Act, we retain login records for three (3) months.
d. Rights of Data Subjects
You have the following rights regarding your Personal Information:
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The right to access your Personal Information held by us.
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The right to request the correction of inaccurate Personal Information or the deletion of your Personal Information.
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The right to request the suspension of processing of your Personal Information.
e. Delegation of Personal Information Processing
We may delegate the processing of your Personal Information to trusted third parties for specific purposes, as outlined in this Privacy Policy.
f. Personal Information Protection Officer
For inquiries about this Privacy Policy, our privacy practices, or to exercise your rights as a data subject, please contact the following Personal Information Protection Officer:
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Name: [Kim Sang-Hyo]
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Email: [cs@overthehand.com]
[The following serves as a starting point for additional GDPR-related provisions that may be added in the future.]