Thank you for using Huawei's APIs, other developer services, and associated software (collectively referred to as "APIs"). When accessing or using our APIs, you shall be deemed that you agree to the terms below and the Huawei Developer Service Agreement. If the APIs you use may involve additional terms, you shall agree to and comply with the additional terms as prompted. Otherwise, you cannot use the APIs. If there is a conflict between the terms in the Agreement and additional terms applicable to the APIs, the effect of the additional terms shall prevail. Collectively, we refer to the terms below, any additional terms, terms in the accompanying documentation, and any applicable policies and guidelines as the "Agreement." You agree to comply with the Agreement and that the Agreement controls your relationship with us. Please read all the terms carefully. If you use the APIs as an interface to, or in conjunction with other Huawei products or services, then the terms for those other products or services also apply.
The Agreement is a supplement to the Huawei Developer Service Agreement. Any terms not stipulated in this Agreement shall be subject to the relevant terms in the Huawei Developer Service Agreement, including but not limited to the signing entity, distribution area, applicable laws, and settlement of disputes.
We may refer to "Huawei" as "we", "our", or "us" in the Agreement.
The terms defined in the Agreement shall have the same meanings as those defined in the Huawei Developer Service Agreement unless otherwise specified in the Agreement. The definitions of the following terms shall apply:
"APIs" refer to the open application programming interfaces provided by Huawei.
"API services" refer to the services provided by Huawei under the Agreement when you use one or more APIs.
"Additional terms" refer to supplementary terms to the Agreement for the business attribute of a given API.
"End users" or "Users" refer to all consumers who use application services provided by developers.
“Data Controller” refer to a natural person, legal entity, public institution, government agency, or other institutions that, by itself or in conjunction with others, determine the purposes and means of processing Personal Data.
“Data Processor” refer to a natural person, legal entity, public institution, government agency, or other institutions that process Personal Data on behalf of a Data Controller.
“Personal Information” or “Personal Data” refer to any information relating to an identified or identifiable natural person (data subject). An identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. Personal Data includes a natural person's email address, telephone number, biometric information (such as a fingerprint), location data, IP address, health care information, religious belief, social security number, marital status, etc.
1.1 Acceptance of the Terms
You may not use the APIs and may not accept the Agreement if (a) you are not of legal age or have no behavioral competencies to form a binding contract with Huawei, or (b) you are a person barred from using or receiving the APIs under any applicable laws.
1.2 Developer
If you are using the APIs on behalf of an entity, you shall represent and warrant that you have authority to bind that entity to the Agreement and by accepting the Agreement, you are doing so on behalf of that entity (and all references to "you" in the Agreement refer to that entity).
If you are an individual developer and using the APIs, you shall represent and warrant that you accept and carefully read the Agreement until you understand all the terms and conditions in this Agreement that you are liable for or may derogate from your rights. Otherwise, you may not use our APIs.
1.3 Registration
You shall acknowledge that you have agreed to the Huawei Developer Service Agreement and registered a Huawei developer account when you start to register your products and use the APIs. You shall provide your accurate and complete information (including your email address, contact person, phone number, and residential address) as prompted on the Huawei developer account platform so that Huawei can contact you.
You understand and agree that any registration information you give to Huawei shall be authentic, accurate, and effective. You shall inform us promptly of any updates.
If you have not used your developer account or API service account for 12 consecutive months, Huawei has the right to close your account and reclaim your account rights as well as relevant resources.
1.4 Subsidiaries and Affiliates
Huawei has subsidiaries and affiliated legal entities around the world. These companies may provide APIs for you on behalf of Huawei, and the Agreement will also govern your relationship with these companies.
1.5 Integrity and Effectiveness of the Agreement
The Agreement contains the body of the Agreement and all the rules, notices, and bulletins that Huawei has released or will release regarding the APIs (hereinafter referred to as "rules"). All rules are an integral part of the Agreement and have the same legal effect as the body of the Agreement.
Huawei has the right to develop and revise the Agreement and/or various rules as required. Any changes to the Agreement will be published on the API website, with the update time specified. Unless otherwise specified by compulsory requirements in laws and regulations, the revised Agreement and rules shall take effect upon notification or publication and become part of this Agreement.
If you do not agree to the changes, stop using the relevant APIs immediately. If you continue to use the APIs, it is deemed that you agree to the revised Agreement and rules and agree to comply with them. If you do not agree to the terms regarding given APIs, but the terms regarding the other APIs are not affected, it is deemed that you still agree to the unaffected terms regarding the other APIs.
2.1 Your End Users
You shall require your end users to comply with (and not knowingly enable them to violate) applicable laws, regulations, and the Agreement.
2.2 Compliance with Laws, Third-Party Rights, and Other Huawei Terms of Service
You shall comply with all applicable laws, regulations, and third-party rights (including but not limited to laws regarding the import or export of data or software, privacy, and local laws). You may not use the APIs to encourage or promote illegal activities or violation of third-party rights. You may not violate any other terms of service with Huawei (or its affiliates).
2.3 Permitted Access
You shall only access (or attempt to access) an API by the means described in the documentation of that API. If Huawei assigns you developer credentials (for example, client IDs), you shall use them with the applicable APIs. You may not misrepresent or mask either your identity or your API client's identity when using the APIs or your developer account.
2.4 API Limitations
Huawei will set and enforce limits on your use of the APIs (for example, limiting the number of API requests that you may make or the number of users you may serve), in our sole discretion. You shall agree to, and not attempt to circumvent, such limitations.
2.5 Open Source Software
Some of the software required by or included in our APIs may be offered under an open source license. Open source software licenses constitute separate written agreements. For certain APIs, open source software is listed in the documentation of the APIs. To the limited extent, the open source software license expressly supersedes the Agreement. The open source license instead sets forth your Agreement with Huawei for the applicable open source software.
2.6 Feedback
If you provide feedback or suggestions about our APIs, then we (and those we allow) may use such information without obligation to you.
2.7 Non-Exclusivity
The terms are non-exclusive. You shall acknowledge that Huawei may develop products or services that may compete with your API client or any other products or services.
2.8 Charging Standards and Payment Policies
The charging standards and payment policies publicized by Huawei for the APIs shall prevail.
3.1 API Clients
The APIs are designed to help you enhance your websites and applications ("API client(s)"). You shall agree that Huawei may monitor the use of the APIs to ensure quality, improve products and services, and verify your compliance with the Agreement. This monitoring may include Huawei's access to and use of your API client, for example, identifying security issues that may affect Huawei or its users. You may not interfere with this monitoring. Huawei may use any technical means to overcome such interference. Huawei may suspend access to the APIs by you or your API client without notice if we reasonably believe that you are in violation of the Agreement.
3.2 Security
You shall make commercially reasonable efforts to protect user information collected by your API client, including personally identifiable information ("PII"), from unauthorized access or use. The protection standard shall be higher than or equal to Huawei's privacy protection standard. You shall promptly report to your users any unauthorized access or use of such information to the extent required by applicable laws.
3.3 Ownership
Huawei grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to install, copy, and use the APIs or third-party applications only when you use the APIs based on your applications, provided that you comply with the terms and conditions in the Agreement.
Huawei does not acquire ownership in your API client, and by using our APIs, you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs.
3.4 User Privacy and API Clients
You shall comply with all applicable privacy laws and regulations including those applying to Personal Information. You shall provide and adhere to a privacy policy for your API client that clearly and accurately describes to users of your API client what user information you will collect and how you will use and share such information (including for advertising) with Huawei and third parties.
4.1 API Prohibitions
When using the APIs, you may not (or allow those acting on your behalf to):
(a) Sublicense an API for use by any third party. Consequently, you may not create an API client that functions substantially the same as the APIs and offer it for use by third parties.
(b) Perform an action with the intent of introducing to Huawei products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
(c) Defame, abuse, harass, stalk, or threaten others.
(d) Interfere with or disrupt the APIs or the servers or networks providing the APIs.
(e) Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements.
(f) Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable laws.
(g) Use the APIs for any activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems).
(h) Remove, obscure, or alter any Huawei terms of service or any links to or notices of those terms.
4.2 Confidential Matters
Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API client. You shall keep your credentials confidential and make reasonable efforts to prevent and discourage other API clients from using your credentials. Developer credentials may not be embedded in open source projects.
In the course of cooperation, one party (the "Receiving Party") shall keep confidential the trade secrets obtained from the other party (the "Disclosing Party"), and may not disclose such secrets to any third party without prior written consent of the Disclosing Party. In addition, the Receiving Party shall warrant that its employees who have access to trade secrets keep the secrets confidential. Otherwise, the Receiving Party shall be liable for any losses incurred to the Disclosing Party. This clause of confidentiality shall survive the termination of the Agreement.
The behavior of employees, shareholders, and consultants of any party shall be deemed as the behavior of this party. Except for fulfilling the purposes of the contract, for any violation and disclosure of the trade secrets of the disclosing party, the party shall be held accountable and be liable for such violation.
5.1 Content Accessible Through Our APIs
Our APIs contain some third-party content (such as text, maps, images, videos, audio, or software). Any and all persons who make such content available shall take full responsibility for said content. We may review content from time to time to determine whether it is illegal or violates our policies or terms, and we may also remove or refuse to display content. Huawei and the third party shall assume their respective responsibilities for possible disputes, to the extent prescribed and agreed by applicable laws and regulations. Huawei shall not be held accountable for the accuracy or political stance of any third-party content. You understand that the APIs provide content interfaces only. You may determine whether to use the content within your control scope. Huawei shall not be liable for any and all losses caused by third-party content.
Content accessible through our APIs may be subject to intellectual property rights, and, if so, you may not use the content unless you are licensed to do so by the owner of that content or are otherwise permitted by law. Your access to the content provided by the APIs may be restricted, limited, or filtered in accordance with applicable laws, regulations, and policies.
5.2 Submission of Content
Some of our APIs allow the submission of content. Huawei does not acquire any ownership of any intellectual property rights in the content that you submit to our APIs through your API client, unless otherwise specified in the Agreement. For the sole purpose of enabling Huawei to provide, secure, and improve the APIs (and the related service(s)) and only in accordance with the applicable Huawei privacy policies, you give Huawei a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to use the content submitted, posted, or displayed to or from the APIs through your API client. Before you submit content to our APIs through your API client, you shall ensure that you have any and all rights (including the necessary rights from your end users) required to grant us the license.
5.3 Retrieval of Content
When a user's non-public content is obtained through the APIs, you may not expose that content to any other users or third parties without explicit opt-in consent from that user.
5.4 Data Portability
Huawei supports data portability. For as long as you use or store any user data that you obtained through the APIs, you agree to enable your users to export their equivalent data to other services or applications of their choice in a way that is substantially as fast and easy as exporting such data from Huawei products and services, subject to applicable laws, and you agree that you will not make that data available to third parties who do not abide by this obligation.
5.5 Prohibitions on Content
Unless expressly permitted by the content owner or by applicable law, you may not, and may not permit your end users or others acting on your behalf to, perform the following operations with the content returned from the APIs:
Scrape data, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;
Copy, translate, modify, and create derivative work, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party;
Misrepresent the source or ownership; or
Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of materials.
6.1 Brand Features
"Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party. Unless otherwise specified, the Agreement does not grant either party any right, title, or interest in or to the other party's brand features. All your use of Huawei's brand features (including any goodwill associated therewith) shall inure to the benefit of Huawei.
6.2 Publicity
You may not make any statement regarding your use of an API, which suggests partnership with, sponsorship by, or endorsement by Huawei, without Huawei's prior written consent.
6.3 Promotional and Marketing Use
In the course of promoting, marketing, or demonstrating the APIs you are using and the associated Huawei products, Huawei may produce and distribute incidental depictions, including screenshots, videos, or other content from your API client, and may use your company or product name. You grant us any and all rights required to fulfill the preceding purposes.
Your API client can obtain HUAWEI ID account data such as the user’s name and avatar only based on user’s prior authorization. The obtained user data may not be transferred or used for any other products except for the cooperation products. When a user cancels such authorization, Huawei will no longer provide such data to you and you shall delete all data relating to that user, unless there are applicable legal grounds for continuing the processing of the user’s data.
Your API client can obtain Game Service data, such as the player’s ID, rankings, achievements, purchases, and stats of the player within your game based on the user’s prior authorization. You mustn’t use the Game Service data of the users to display it to other users without the users’ authorization. When a user cancels such authorization, Huawei will no longer provide such data to you and you shall delete all data relating to that user, unless there are applicable legal grounds for continuing the processing of the user's data.
By using our APIs, you are the Data Controller of the Personal Information obtained from Huawei as part of Huawei services, including, for the disclosed account and payment data. If you are located outside of the EU in a country not recognized by the European Union Commission as providing an adequate level of protection for personal data and your signing entity under Huawei Developer Service Agreement is Aspiegel Ltd, you shall conform to the Data Transfer Agreement (controller-to-controller) as provided in Attachment A to apply to such personal data disclosures from Aspiegel to you. If your signing entity under Huawei Developer Service Agreement is HUAWEI Service (Hong Kong) Co., Limited and distribution area of your API client is not Russia, and your data receiving servers are located outside of Singapore, you shall conform to the Data Transfer Agreement as provided in Attachment B to apply to such personal data disclosures from HUAWEI Service (Hong Kong) Co., Limited to you.
In relation to services provided by Huawei, where you are collecting end user personal data directly from users as Data Controller, Huawei processes such Personal Information as your Data Processor in accordance with theAppGallery Connect Data Processing Addendum, which is an integral part of this Agreement and the Huawei Developer Service Agreement.
You undertake to protect the personal data of all end users. Your products and services shall respect the privacy of users and comply with applicable data protection laws and regulations. If you process any personal data relating to the end users you shall notify end users about the collection of personal data and provide a clear and conspicuous notice to end users that accurately describes how you collect, use and protect the personal data.
You undertake to ensure that the personal data of end users is only collected and used for the limited purpose which is deemed to be necessary and with the explicit prior consent of end users (when explicitly required by applicable law) and only retained for the minimum necessary period. Personal data or sensitive personal data in your possession shall be kept safe and secure from any actual or potential abuses.
8.1 Termination
The Agreement is a supplement to the Huawei Developer Service Agreement. Unless otherwise specified, the Huawei Developer Service Agreement shall prevail. The Agreement shall be deemed terminated on the same day when either party terminates the Huawei Developer Service Agreement.
You may stop using our APIs at any time with or without notice. If you desire to terminate the Agreement, you shall provide Huawei with prior written notice. The Agreement is deemed as officially terminated after being acknowledged by Huawei within a reasonable period of time. Upon termination of the Agreement, you shall stop your use of the applicable APIs. Huawei reserves the right to terminate the Agreement with you or discontinue the APIs or any portion or feature thereof or your access thereto for any reason and at any time without liability or other obligation to you.
8.2 Your Obligations After Termination
Upon any termination of the Agreement or discontinuation of your access to an API, you shall immediately stop using that API, cease the use of Huawei Brand Features, and delete any cached or stored content that was permitted by the cache header under chapter 5 herein. Huawei may independently communicate with any account owner whose account(s) is/are associated with your API client and developer credentials to provide notice of the termination of your right to use an API.
8.3 Surviving Provisions
When the terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to sections 4.2, 5, 8, 9, and 10 herein.
9.1 Warranties
Unless otherwise specified in the Agreement, Huawei does not make any specific promises about the APIs. For example, we do not make any commitments about the content accessed through the APIs, the specific functions of the APIs, or their reliability, availability, or ability to meet your needs.
Some jurisdictions provide certain warranties, like the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. Unless otherwise specified in the Agreement, to the extent permitted by law, we exclude all warranties, guarantees, conditions, representations, and undertakings.
9.2 Limitation of Liability
When permitted by law, Huawei shall not be held accountable for lost profits, revenues, or data; financial losses; or indirect, special, consequential, exemplary, or punitive damages. Huawei shall not be liable for any losses (direct or indirect) or damages to others after you use the APIs.
You understand and agree that Huawei shall not be liable for any failure to save, modify, delete, or store your information, data generated by your products, or any third-party information.
To the extent permitted by law, the total liability of Huawei for any claim under the Agreement, including for any implied warranties, is limited to the amount you paid us to use the applicable APIs within six months prior to the event giving rise to the liability.
In all cases, Huawei shall not be liable for any expense, loss, or damage that is not reasonably foreseeable.
9.3 Indemnification
Unless prohibited by applicable laws, if you are a developer, you shall defend and indemnify Huawei, and its affiliates, directors, officers, employees, and users against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal affairs. The reasons for litigation include but are not limited to the reasons agreed in the Huawei Developer Service Agreement and additional terms, and the following reasons:
a.Your or your end users' misuse or illegal use of the APIs, or your violation of the applicable laws and regulations relating to the APIs;
b.Your violation or your end users' violation of the Agreement or other applicable agreements;
c.Any content or data imported into or used with the APIs by you, those acting on your behalf, or your end users;
d.Any representations or warranties you make with respect to any aspect of any third-party service, software, or report;
e.Any claim made by any third party, directly or indirectly, against you or the third party for the use of APIs or the results generated (such as content, reports, software, etc.);
f.Your violation of your privacy compliance and cyber security obligations to any third party.
For claims made by any third party to Huawei or to you and Huawei, you shall cooperate with Huawei under Huawei's justifiable requirements to a reasonable extent. Huawei and its affiliates reserve the exclusive right to defend and control the matters relating to Huawei's rights and obligations in any matters subject to indemnification by you.
9.4 Procedure for Handling
You understand and agree that Huawei has the right to check for your violations based on the knowledge of ordinary or non-professional personnel. You irrevocably accept the results and evidence of any violations (including but not limited to the electronic evidence collected by Huawei and/or its affiliates through technical means) regarding Huawei APIs. After Huawei takes action against your violations according to the Agreement and applicable rules, you shall not be exempted from the legal liabilities that you shall bear.
If Huawei proves that your behavior is obviously abnormal compared with common API users and the abnormality is associated with violations, you are suspected of violations. You are obliged to provide evidence within the agreed timeline to reasonably explain your behavior. Otherwise, Huawei has the right to make reasonable judgment and take one or more of the following measures:
a. Block, suspend, and delete data, algorithms, models, and information, or disconnect links.
b. Require you to replace and modify the content immediately.
c. Restrict and discontinue your use of Huawei APIs and related services (including but not limited to suspending some of the services, reclaiming relevant resources, and restricting operations of your account).
d. Terminate your use of Huawei APIs and applicable services.
e. Take other measures that Huawei considers appropriate.
10.1 Modification
We may modify the Agreement or any portion of it, for example, based on the changes to the applicable laws or changes to our APIs. You should read the Agreement regularly. We will post notices on modifications to the Agreement within the documentation of each applicable API, to this website, and/or in the Huawei developer console. Changes will not apply retroactively and will become effective no sooner than 30 days after they are posted. But changes addressing new functions for an API or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for an API, you should discontinue your use of that API. Your continued use of the API constitutes your acceptance of the modified term.
Huawei may send notices to you about matters regarding the Agreement via bulletin on the website, or about major changes and other notices via email or internal message. Such notices are deemed to be delivered to the specified recipients upon sending, and may be referred to and be deemed as binding and conclusive evidence in the event of disputes.
You agree to receive emails and messages from Huawei and its affiliates, including but not limited to messages about your rights and interests. You may send an email to developer@huawei.com to inform Huawei of your refuse to further messages. However, Huawei does not bear any liabilities incurred by your failure to unsubscribe or opt out from such messages. You may opt in to receive marketing and promotional emails from Huawei and its affiliates when registering a developer account.
Huawei reserves the right to adjust, add, or remove services and/or features from this website or Huawei app store at its own discretion. Unless otherwise specified, new services and/or features shall be governed by this Agreement.
10.2 General Legal Terms
We each agree to the Agreement in the English language. If we provide a translation of the Agreement, we do so for your convenience only and the English Agreement will solely govern our relationship. The Agreement does not create any third-party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Agreement will limit either party's ability to seek injunctive relief. We are not liable for any failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Agreement and Huawei does not take action immediately, this does not mean that Huawei is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this shall not affect any other terms. For information about how to contact Huawei, please visit our contact page.
If any part of the Agreement is deemed as invalid by a court or other competent authorities, any other provisions shall not be affected and shall continue to be binding and enforceable upon both parties to the maximum extent permitted by applicable laws.
Without Huawei's written consent, you may not transfer or distribute the obligations under this Agreement or transfer the rights regarding the applicable APIs.
Huawei reserves the right to distribute or otherwise transfer any of the rights or obligations under this Agreement at its own discretion.
You may not publicly state, exaggerate, or imply that there is any form of partnership between you and Huawei, including but not limited to cross-ownership, business contacts, or other forms of partnerships, or claim that you have been officially recognized by Huawei.
Both parties agree that confirmation, reception, and other operations by electronic means will have the same legal effect as if traditional hand-written signatures had been affixed hereto. You agree that you have the ability to retain this Agreement either by printing or saving it by other lawful means.
Standard contractual clauses for the transfer of personal data from the Community to third countries (controller to controller transfers)
Data transfer agreement
Between
Name of the data exporting organisation: Aspiegel Limited
Address: 1F, Simmonscourt House, Simmonscourt Road, Dublin 4, D04 W9H6, Ireland. Registration number 561134
hereinafter “data exporter”
And
Developer who signed Huawei Developer Service Agreement with data exporter and part of the Agreement
hereinafter “data importer”
each a “party”; together “the parties”.
Definitions
For the purposes of the clauses:
a) “personal data”, “special categories of data/sensitive data”, “process/processing”, “controller”, “processor”, “data subject” and “supervisory authority/authority” shall have the same meaning as in Directive 95/46/EC of 24 October 1995 (whereby “the authority” shall mean the competent data protection authority in the territory in which the data exporter is established);
b) “the data exporter” shall mean the controller who transfers the personal data;
c) “the data importer” shall mean the controller who agrees to receive from the data exporter personal data for further processing in accordance with the terms of these clauses and who is not subject to a third country’s system ensuring adequate protection;
d) “clauses” shall mean these contractual clauses, which are a free-standing document that does not incorporate commercial business terms established by the parties under separate commercial arrangements.
The details of the transfer (as well as the personal data covered) are specified in Annex B, which forms an integral part of the clauses.
I. Obligations of the data exporter
The data exporter warrants and undertakes that:
a) The personal data have been collected, processed and transferred in accordance with the laws applicable to the data exporter.
b) It has used reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses.
c) It will provide the data importer, when so requested, with copies of relevant data protection laws or references to them (where relevant, and not including legal advice) of the country in which the data exporter is established.
d) It will respond to enquiries from data subjects and the authority concerning processing of the personal data by the data importer, unless the parties have agreed that the data importer will so respond, in which case the data exporter will still respond to the extent reasonably possible and with the information reasonably available to it if the data importer is unwilling or unable to respond. Responses will be made within a reasonable time.
e) It will make available, upon request, a copy of the clauses to data subjects who are third party beneficiaries under clause III, unless the clauses contain confidential information, in which case it may remove such information. Where information is removed, the data exporter shall inform data subjects in writing of the reason for removal and of their right to draw the removal to the attention of the authority. However, the data exporter shall abide by a decision of the authority regarding access to the full text of the clauses by data subjects, as long as data subjects have agreed to respect the confidentiality of the confidential information removed. The data exporter shall also provide a copy of the clauses to the authority where required.
II. Obligations of the data importer
The data importer warrants and undertakes that:
a) It will have in place appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.
b) It will have in place procedures so that any third party it authorises to have access to the personal data, including processors, will respect and maintain the confidentiality and security of the personal data. Any person acting under the authority of the data importer, including a data processor, shall be obligated to process the personal data only on instructions from the data importer. This provision does not apply to persons authorised or required by law or regulation to have access to the personal data.
c) It has no reason to believe, at the time of entering into these clauses, in the existence of any local laws that would have a substantial adverse effect on the guarantees provided for under these clauses, and it will inform the data exporter (which will pass such notification on to the authority where required) if it becomes aware of any such laws.
d) It will process the personal data for purposes described in Annex B, and has the legal authority to give the warranties and fulfil the undertakings set out in these clauses.
e) It will identify to the data exporter a contact point within its organisation authorised to respond to enquiries concerning processing of the personal data, and will cooperate in good faith with the data exporter, the data subject and the authority concerning all such enquiries within a reasonable time. In case of legal dissolution of the data exporter, or if the parties have so agreed, the data importer will assume responsibility for compliance with the provisions of clause I(e).
f) At the request of the data exporter, it will provide the data exporter with evidence of financial resources sufficient to fulfil its responsibilities under clause III (which may include insurance coverage).
g) Upon reasonable request of the data exporter, it will submit its data processing facilities, data files and documentation needed for processing to reviewing, auditing and/or certifying by the data exporter (or any independent or impartial inspection agents or auditors, selected by the data exporter and not reasonably objected to by the data importer) to ascertain compliance with the warranties and undertakings in these clauses, with reasonable notice and during regular business hours. The request will be subject to any necessary consent or approval from a regulatory or supervisory authority within the country of the data importer, which consent or approval the data importer will attempt to obtain in a timely fashion.
h) It will process the personal data, at its option, in accordance with:
i. the data protection laws of the country in which the data exporter is established, or
ii. the relevant provisions of any Commission decision pursuant to Article 25(6) of Directive 95/46/EC, where the data importer complies with the relevant provisions of such an authorisation or decision and is based in a country to which such an authorisation or decision pertains, but is not covered by such authorisation or decision for the purposes of the transfer(s) of the personal data, or
iii. the data processing principles set forth in Annex A.
Data importer to indicate which option it selects:
iii the data processing principles set forth in Annexe A
Initials of data importer:
i) It will not disclose or transfer the personal data to a third party data controller located outside the European Economic Area (EEA) unless it notifies the data exporter about the transfer and
i. the third party data controller processes the personal data in accordance with a Commission decision finding that a third country provides adequate protection, or
ii. the third party data controller becomes a signatory to these clauses or another data transfer agreement approved by a competent authority in the EU, or
iii. data subjects have been given the opportunity to object, after having been informed of the purposes of the transfer, the categories of recipients and the fact that the countries to which data is exported may have different data protection standards, or
iv. with regard to onward transfers of sensitive data, data subjects have given their unambiguous consent to the onward transfer
III. Liability and third party rights
a) Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law.
b) The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).
IV. Law applicable to the clauses
These clauses shall be governed by the law of the country in which the data exporter is established, with the exception of the laws and regulations relating to processing of the personal data by the data importer under clause II(h), which shall apply only if so selected by the data importer under that clause.
V. Resolution of disputes with data subjects or the authority
a) In the event of a dispute or claim brought by a data subject or the authority concerning the processing of the personal data against either or both of the parties, the parties will inform each other about any such disputes or claims, and will cooperate with a view to settling them amicably in a timely fashion.
b) The parties agree to respond to any generally available non-binding mediation procedure initiated by a data subject or by the authority. If they do participate in the proceedings, the parties may elect to do so remotely (such as by telephone or other electronic means). The parties also agree to consider participating in any other arbitration, mediation or other dispute resolution proceedings developed for data protection disputes.
c) Each party shall abide by a decision of a competent court of the data exporter’s country of establishment or of the authority which is final and against which no further appeal is possible.
VI. Termination
a) In the event that the data importer is in breach of its obligations under these clauses, then the data exporter may temporarily suspend the transfer of personal data to the data importer until the breach is repaired or the contract is terminated.
b) In the event that:
i. the transfer of personal data to the data importer has been temporarily suspended by the data exporter for longer than one month pursuant to paragraph (a);
ii. compliance by the data importer with these clauses would put it in breach of its legal or regulatory obligations in the country of import;
iii. the data importer is in substantial or persistent breach of any warranties or undertakings given by it under these clauses;
iv. a final decision against which no further appeal is possible of a competent court of the data exporter’s country of establishment or of the authority rules that there has been a breach of the clauses by the data importer or the data exporter; or
v. a petition is presented for the administration or winding up of the data importer, whether in its personal or business capacity, which petition is not dismissed within the applicable period for such dismissal under applicable law; a winding up order is made; a receiver is appointed over any of its assets; a trustee in bankruptcy is appointed, if the data importer is an individual; a company voluntary arrangement is commenced by it; or any equivalent event in any jurisdiction occurs
then the data exporter, without prejudice to any other rights which it may have against the data importer, shall be entitled to terminate these clauses, in which case the authority shall be informed where required. In cases covered by (i), (ii), or (iv) above the data importer may also terminate these clauses.
c) Either party may terminate these clauses if (i) any Commission positive adequacy decision under Article 25(6) of Directive 95/46/EC (or any superseding text) is issued in relation to the country (or a sector thereof) to which the data is transferred and processed by the data importer, or (ii) Directive 95/46/EC (or any superseding text) becomes directly applicable in such country.
d) The parties agree that the termination of these clauses at any time, in any circumstances and for whatever reason (except for termination under clause VI(c)) does not exempt them from the obligations and/or conditions under the clauses as regards the processing of the personal data transferred.
VII. Variation of these clauses
The parties may not modify these clauses except to update any information in Annex B, in which case they will inform the authority where required. This does not preclude the parties from adding additional commercial clauses where required.
VIII. Description of the Transfer
The details of the transfer and of the personal data are specified in Annex B. The parties agree that Annex B may contain confidential business information which they will not disclose to third parties, except as required by law or in response to a competent regulatory or government agency, or as required under clause I(e). The parties may execute additional annexes to cover additional transfers, which will be submitted to the authority where required. Annex B may, in the alternative, be drafted to cover multiple transfers.
DATA PROCESSING PRINCIPLES
1. Purpose limitation: Personal data may be processed and subsequently used or further communicated only for purposes described in Annex B or subsequently authorised by the data subject.
2. Data quality and proportionality: Personal data must be accurate and, where necessary, kept up to date. The personal data must be adequate, relevant and not excessive in relation to the purposes for which they are transferred and further processed.
3. Transparency: Data subjects must be provided with information necessary to ensure fair processing (such as information about the purposes of processing and about the transfer), unless such information has already been given by the data exporter.
4. Security and confidentiality: Technical and organisational security measures must be taken by the data controller that are appropriate to the risks, such as against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, presented by the processing. Any person acting under the authority of the data controller, including a processor, must not process the data except on instructions from the data controller.
5. Rights of access, rectification, deletion and objection: As provided in Article 12 of Directive 95/46/EC, data subjects must, whether directly or via a third party, be provided with the personal information about them that an organisation holds, except for requests which are manifestly abusive, based on unreasonable intervals or their number or repetitive or systematic nature, or for which access need not be granted under the law of the country of the data exporter. Provided that the authority has given its prior approval, access need also not be granted when doing so would be likely to seriously harm the interests of the data importer or other organisations dealing with the data importer and such interests are not overridden by the interests for fundamental rights and freedoms of the data subject. The sources of the personal data need not be identified when this is not possible by reasonable efforts, or where the rights of persons other than the individual would be violated. Data subjects must be able to have the personal information about them rectified, amended, or deleted where it is inaccurate or processed against these principles. If there are compelling grounds to doubt the legitimacy of the request, the organisation may require further justifications before proceeding to rectification, amendment or deletion. Notification of any rectification, amendment or deletion to third parties to whom the data have been disclosed need not be made when this involves a disproportionate effort. A data subject must also be able to object to the processing of the personal data relating to him if there are compelling legitimate grounds relating to his particular situation. The burden of proof for any refusal rests on the data importer, and the data subject may always challenge a refusal before the authority.
6. Sensitive data: The data importer shall take such additional measures (e.g. relating to security) as are necessary to protect such sensitive data in accordance with its obligations under clause II.
7. Data used for marketing purposes: Where data are processed for the purposes of direct marketing, effective procedures should exist allowing the data subject at any time to “opt-out” from having his data used for such purposes.
8. Automated decisions: For purposes hereof “automated decision” shall mean a decision by the data exporter or the data importer which produces legal effects concerning a data subject or significantly affects a data subject and which is based solely on automated processing of personal data intended to evaluate certain personal aspects relating to him, such as his performance at work, creditworthiness, reliability, conduct, etc. The data importer shall not make any automated decisions concerning data subjects, except when:
a) i. such decisions are made by the data importer in entering into or performing a contract with the data subject, and
ii. the data subject is given an opportunity to discuss the results of a relevant automated decision with a representative of the parties making such decision or otherwise to make representations to that parties.
or
b)where otherwise provided by the law of the data exporter.
DESCRIPTION OF THE TRANSFER
Data subjects
The personal data transferred concern the following categories of data subjects:
•Data subjects of the data exporter who have signed both the AppGallery and IAP user agreements and made In-App-Purchase;
•Data subjects of the data exporter who have signed both the AppGallery and IAP user agreements and have an active subscription within the importer service.
•Data subjects of the data exporter who have authorized the importer to access HUAWEI ID account information. Data subjects of the data exporter who have signed the AppGallery user agreement, enabled the Game Service feature and authorized the disclosure to the importer.
Purposes of the transfer(s)
The transfer is made for the following purposes:
•Allow the settlementbetween Exporter and Developer.
•Allow the management of an active subscription to the importer service.
•Allow the data subjects to log in on the importer application with their HUAWEI ID account.
•Allow the data subjects to use the Game Service features available on the importer application. Additionally, to allow the importer to improve its service when authorized by the data subjects.
Categories of data
The personal data transferred concern the following categories of data:
•Payment information except bank card informtaion, such as the order number, amount, subscription information (subscription ID), and currency.
•HUAWEI ID account information.
•Game Service data, such as player ID, rankings, achievements, purchases, player stats.
Recipients
The personal data transferred may be disclosed only to the following recipients or categories of recipients:
•Data importer
Sensitive data (if appropriate)
The personal data transferred concern the following categories of sensitive data:
N/A
Data protection registration information of data exporter (where applicable)
Not applicable
Additional useful information (storage limits and other relevant information)
Contact points for data protection enquiries
Data importer Data exporter
Place Data Protection Contact here EU_DPO@huawei.com
Standard contractual clauses for the transfer of personal data from Singapore to third countries (controller to controller transfers)
This Agreement is made and entered
Between
Name of data exporting organization: Huawei Services (Hong Kong) Co., Limited
Address: Room 03, 9/F, Tower 6, the Gateway, No. 9 Canton Road, Tsim Sha Tsui, Kowloon, Hong Kong.
Company registration number: 1451551
hereinafter “data exporter”
And
Developer who signed Huawei Developer Service Agreement with data exporter and part of the Agreement
hereinafter “data importer”
each a “party”; together “the parties”.
Definitions
For the purposes of the clauses:
(a) “individual”, “personal data”, “processing” shall have the same meaning as in Personal Data Protection Act (No. 26 of 2012) of Singapore;
(b) “Data Exporter” shall mean the organization who transfers the personal data;
(c) “Data Importer” shall mean the organization who agrees to receive in a country or territory outside Singapore the personal data transferred to it by or on behalf of the Data Exporter for processing in accordance with the terms of theses clauses;
(d) “Data Subject” shall mean the Data Subject that is particularly described in Annex B herein below;
(e) “clauses” shall mean these contractual clauses, which are a free-standing document that does not incorporate commercial business terms established by the parties under separate commercial arrangements.
(f) “PDPA” shall mean the Personal Data Protection Act (No. 26 of 2012) of Singapore.
The details of the transfer (as well as the personal data covered) are specified in Annex B, which forms an integral part of the clauses.
I. Obligations of the Data Exporter
The Data Exporter warrants and undertakes that:
(a) The personal data have been collected, processed and transferred in accordance with the relevant provisions of the applicable data protection law (and, where applicable, has been notified to the relevant authorities of the country where the Data Exporter is established).
(b) It has used reasonable efforts to determine that the Data Importer is able to satisfy its legal obligations under these clauses.
(c) It will provide the Data Importer, when so requested, with copies of relevant data protection laws or references or any requirements set out in any advisory or other guidelines issued from time to time by Personal Data Protection Commission of Singapore (“PDPC”) to them (where relevant, and not including legal advice).
(d) It will respond to enquiries from Data Subjects and the authority concerning processing of the personal data by the Data Importer, unless the parties have agreed that the Data Importer will so respond, in which case the Data Exporter will still respond to the extent reasonably possible and with the information reasonably available to it if the Data Importer is unwilling or unable to respond. Responses will be made within a reasonable time.
(e) It will make available, upon request, a copy of the clauses to Data Subjects who are third party beneficiaries under clause III, unless the clauses contain confidential information, in which case it may remove such information. Where information is removed, the Data Exporter shall inform Data Subjects in writing of the reason for removal and of their right to draw the removal to the attention of the authority. However, the Data Exporter shall abide by a decision of the authority regarding access to the full text of the clauses by Data Subjects, as long as Data Subjects have agreed to respect the confidentiality of the confidential information removed. The Data Exporter shall also provide a copy of the clauses to the authority where required.
II. Obligations of the Data Importer
The Data Importer warrants and undertakes that:
(a) It will have in place appropriate technical and organizational measures to provide a standard of protection ,that is comparable to the protection required by the PDPA and any requirements set out in any advisory or other guidelines issued from time to time by the PDPC, to the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.
(b) It will have in place procedures so that any third party it authorizes to have access to the personal data, including processors, will respect and maintain the confidentiality and security of the personal data. Any person acting under the authority of the Data Importer, including a data processor shall be obligated to process the personal data only on instructions from the Data Importer. This provision does not apply to persons authorized or required by law or regulation to have access to the personal data.
(c) It has no reason to believe, at the time of entering into these clauses, in the existence of any local laws that would have a substantial adverse effect on the guarantees provided for under these clauses, and it will inform the Data Exporter if it becomes aware of any such laws.
(d) It will process the personal data for purposes described in Annex B, and has the legal authority to give the warranties and fulfill the undertakings set out in these clauses.
(e) It will identify to the Data Exporter a contact point within its organization authorized to respond to enquiries concerning of the personal data, and will cooperate in good faith with the Data Exporter, the Data Subject and the authority concerning all such enquiries within a reasonable time. In case of legal dissolution of the Data Exporter, or if the parties have so agreed, the Data Importer will assume responsibility for compliance with the provisions of clause I(e).
(f) At the request of the Data Exporter, it will provide the Data Exporter with evidence of financial resources sufficient to fulfill its responsibilities under clause III (which may include insurance coverage).
(g) Upon reasonable request of the Data Exporter, it will submit its data processing facilities, data files and documentation needed for processing to reviewing, auditing and/or certifying by the Data Exporter (or any independent or impartial inspection agents or auditors, selected by the Data Exporter and not reasonably objected to by the Data Importer) to ascertain compliance with the warranties and undertakings in these clauses, with reasonable notice and during regular business hours. The request will be subject to any necessary consent or approval from a regulatory or supervisory authority within the country of the Data Importer, which consent or approval the Data Importer will attempt to obtain in a timely fashion.
(h) It will process the personal data, in accordance with:
(i) The data protection laws of Singapore, and the relevant regulations, provisions or other requirements issued by PDPC; and
(ii) The data processing principles set forth in Annex A.
(1) It will not disclose or transfer the personal data to a third party organization located outside Singapore unless with prior consent of the Data Exporter on the transfer and
(2) The third party organization processes the personal data in accordance with requirements prescribed under PDPA finding that the third party organization provide a standard of protection to personal data so transferred that is comparable to the protection under PDPA;
(3) Data subjects have been given the opportunity to object, after having been informed of the purposes of the transfer, the categories of recipients and the fact that the countries to which data is exported may have different data protection standards.
III. Liability and third party rights
(a) The Data Importer shall be liable to the Data Exporter for damages it causes by any breach of these clauses. Liability as between the parties is including but not limited to actual damage suffered and penalties imposed by government or local authority. The Data Importer shall be liable to Data Subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the Data Exporter under its data protection law.
(b) The parties agree that a Data Subject shall have the right to enforce as a third party beneficiary this clauses and clauses I(b), I(d), I(e), II(a), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the Data Importer or the Data Exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the Data Exporter’s country of establishment. In cases involving allegations of breach by the Data Importer, the Data Subject must first request the Data Exporter to take appropriate action to enforce his rights against the Data Importer, if the Data Exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the Data Subject may then enforce his rights against the Data Importer directly. A Data Subject is entitled to proceed directly against a Data Exporter that has failed to use reasonable efforts to determine that the Data Importer is able to satisfy its legal obligations under these clauses (the Data Exporter shall have the burden to prove that it took reasonable efforts).
IV. Law applicable to the clauses
These clauses shall be governed by the law of the Singapore.
V. Resolution of disputes with Data Subjects or the authority
(a) In the event of a dispute or claim brought by a Data Subject or the authority concerning the processing of the personal data against either or both of the parties, the parties will inform each other about any such disputes or claims, and will cooperate with a view to settling them amicably in a timely fashion.
(b) The parties agree to respond to any generally available non-binding mediation procedure initiated by a Data Subject or by the authority. If they do participate in the proceedings, the parties may elect to do so remotely (such as by telephone or other electronic means). The parties also agree to consider participating in any other arbitration, mediation or other dispute resolution proceedings developed for data protection disputes.
(c) Each party shall abide by a decision of a competent court of Singapore or of the authority which is final and against which no further no further appeal is possible.
VI. Termination
(a) In the event that the Data Importer is in breach of its obligations under these clauses, then the Data Exporter may temporarily suspend the transfer of personal data to the Data Importer until the breach is repaired or the contract is terminated.
(b) In the event that:
(1) The transfer of personal data to the Data Importer has been temporarily suspended by the Data Exporter for longer than one month pursuant to paragraph (a);
(2) Compliance by the Data Importer with theses clauses would put it in breach of its legal or regulatory obligations in the country of import;
(3) The Data Importer is in substantial or persistent breach of any warranties or undertakings given by it under these clauses;
(4) A final decision against which no further appeal is possible of a competent court of Singapore or of the authority rules that there has been a breach of the clauses by the Data Importer or the Data Exporter; or
(5) A petition is presented for the administration or winding up of the Data Importer, whether in its personal or business capacity, which petition is not dismissed within the applicable period for such dismissal under applicable law; a winding up order is made; a receiver is appointed over any of its assets; a trustee in bankruptcy is appointed, if the Data Importer is an individual; a company voluntary arrangement is commenced by it; or any equivalent event in any jurisdiction occurs
then the Data Exporter, without prejudice to any other rights which it may have against the Data Importer, shall be entitled to terminated these clauses, in which case the authority shall be informed where required. In cases covered by (i), (ii), or (iv) above the Data Importer may also terminate these clauses.
(c) Either party may terminate these clauses if (i) any Commission positive adequacy decision under Singapore PDPA 2012 (or any superseding text) is issued in relation to the country (or a sector thereof) to which the data is transferred and processed by the Data Importer, or any superseding text becomes directly applicable in such country.
(d) The parties agree that the termination of these clauses at any time, in any circumstances and for whatever reason (except for termination under clause VI(c) ) does not exempt them from the obligations and/or conditions under the clauses as regards the processing of the personal data transferred.
VII. Variation of these clauses
The parties may not modify these clauses except to update any information in Annex B, in which case they will inform the authority where required. This does not preclude the parties from adding additional commercial clauses where required.
VIII. Description of the Transfer
The details of the transfer and of the personal data are specified in Annex B. The parties agree that Annex B may contain confidential business information which they will not disclose to third parties, except as required by law or in response to a competent regulatory or government agency, or as required under clause I(e). The parties may execute additional annexes to cover additional transfers, which will be submitted to the authority where required. Annex B may, in the alternative, be drafted to cover multiple transfers.
DATA PROCESSING PRINCIPLES
1. Purpose limitation: Personal data may be processed and subsequently used or further communicated only for purposes described in Annex B or subsequently authorized by the Data Subject.
2. Data quality and proportionality: Personal data must be accurate and, where necessary, kept up to date. The personal data must be adequate, relevant and not excessive in relation to the purposes for which they are transferred and further processed.
3. Transparency: Data subjects must be provided with information necessary to ensure fair processing (such as information about the purposes of processing and about the transfer), unless such information has already been given by the Data Exporter.
4. Security and confidentiality: Technical and organizational security measures must be taken by the organization that are appropriate to the risks, such as against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, presented by the processing. Any person acting under the authority of the organization, including a processor, must not process the data except on instructions from the Data Exporter.
5. Rights of access, correction and objection: As provided under the PDPA, Data Subjects must, whether directly or via a third party, be provided with the personal information about them that an organization holds, except for requests which are manifestly abusive, based on unreasonable intervals or their number or repetitive or systematic nature, or for which access need not be granted under the law of the country of the Data Exporter. Provided that the authority has given its prior approval, access need also not be granted when doing so would be likely to seriously harm the interests of the Data Importer or other organizations dealing with the Data Importer and such interests are not overridden by the interests for fundamental rights and freedoms of the Data Subject. The sources of the personal data need not be identified when this is not possible by reasonable efforts, or where the rights of persons other than the individual would be violated. Data subjects must be able to have the personal information about the rectified, amended where it is inaccurate or processed against these principles. If there are compelling grounds to doubt the legitimacy of the request, the organization may require further justifications before proceeding to rectification, amendment. Notification of any rectification, amendment to third parties to whom the data have been disclosed need not be made when this involves a disproportionate effort. A Data Subject must also be able to object to the processing of the personal data relating to him if there are compelling legitimate grounds relating to his particular situation.
6. Data used for marketing purposes: Where data are processed for the purposes of direct marketing, effective procedures should exist allowing the Data Subject at any time to “opt-out” from having his data used for such purposes.
7. Automated decisions: For purposes hereof “automated decision” shall mean a decision by the Data Exporter or the Data Importer which produces legal effects concerning a Data Subject or significantly affects a Data Subject and which is based solely on automated processing of personal data intended to evaluate certain personal aspects relating to him, such as his performance at work, creditworthiness, reliability, conduct, etc. The Data Importer shall not make any automated decisions concerning Data Subjects, except when:
(a) (i) such decisions are made by the Data Importer in entering into or performing a contract with the Data Subject, and
(ii) the Data Subject is given an opportunity to discuss the results of a relevant automated decision with a representative of the parties making such decision or otherwise to make representations to that parties.
Or
(b) Where otherwise provided by the law of the Data Exporter.
DESCRIPTION OF THE TRANSFER
Data subjects
The personal data transferred concern the following categories of data subjects:
•Data subjects of the data exporter who have signed both the AppGallery and IAP user agreements and made In-App-Purchase;
•Data subjects of the data exporter who have signed both the AppGallery and IAP user agreements and have an active subscription within the importer service.
•Data subjects of the data exporter who have authorized the importer to access HUAWEI ID account information. Data subjects of the data exporter who have signed the AppGallery user agreement, enabled the Game Service feature and authorized the disclosure to the importer.
Purposes of the transfer(s)
The transfer is made for the following purposes:
•Allow the settlementbetween Exporter and Developer.
•Allow the management of an active subscription to the importer service.
•Allow the data subjects to log in on the importer application with their HUAWEI ID account.
•Allow the data subjects to use the Game Service features available on the importer application. Additionally, to allow the importer to improve its service when authorized by the data subjects.
Categories of data
The personal data transferred concern the following categories of data:
•Payment information except bank card informtaion, such as the order number, amount, subscription information (subscription ID), and currency.
•HUAWEI ID account information.
•Game Service data, such as player ID, rankings, achievements, purchases, player stats.
Recipients
The personal data transferred may be disclosed only to the following recipients or categories of recipients:
•Data importer
Sensitive data (if appropriate)
The personal data transferred concern the following categories of sensitive data:
N/A
Data protection registration information of data exporter (where applicable)
Not applicable
Additional useful information (storage limits and other relevant information)
Contact points for data protection enquiries
Data importer Data exporter
Place Data Protection Contact here datamanagement.hshk@huawei.com