SMART KEYBOARD PRIVACY NOTICE

1. OUR APPROACH TO PRIVACY

1.1 popIn, Inc. Floor 39, Roppongi Forest Garden, 6-10-1 Roppongi, Minato-ku, Tokyo ("POPIN", "we", "our" or "us") is committed to respecting your privacy. This privacy notice sets out how we collect, store, process, transfer, share and use information that identifies or is associated with you ("personal information")

1.2 POPIN operates a service, which we make available through an application available for download on your device (the "Smart Keyboard App"), that allows you to create customised keyboards on your device (your "Smart Keyboard"), and to send emojis, stickers and GIFs (the "Smart Keyboard Service").

1.3 This privacy notice applies to the Smart Keyboard Service. Please ensure that you have thoroughly read and understood this privacy notice before accessing or using the Smart Keyboard Service.

2. WHO IS RESPONSIBLE FOR THE USE OF YOUR PERSONAL INFORMATIONPERSONAL INFORMATION

POPIN may use proprietary software licensed to it by third party entities for the purpose of login, stability analysis and data statistics. As a result of the use of such software, your personal information may also be collected and processed by Meta, Google, and Appsflyer in accordance with their own policies regarding privacy which you can access below:

(a) Meta, Inc. (to access Meta’s privacy policy click here)

(b) Google, Inc. (to access Google’s privacy policy click here)

While using the aforementioned software, the third parties that license this software may be an independent entity from us. We would advise you to inspect their privacy policies beforehand.

POPIN is the controller of the personal information we hold about you in connection with your use of the Smart Keyboard Service. This means that we determine and are responsible for how your personal information is used.

3. HOW WE PROCESS PERSONAL INFORMATION AND ON WHICH BASIS

3.1 How we process Personal Information depends on how you interact with us and which functionalities you decide to use. We will only collect, store, transfer, share, disclose, and use your Personal Information which are relevant for specific purposes, depending on your choice of our functionalities. This means that we will process the following data:

(a) Information you submit into the search fields. For example, we will offer the most relevant results to you based on the words and phrases you enter into the search fields. The search fields include search bar and gif, emoji search.

(b) If you choose a personalised theme for your Smart Keyboard. If you choose a personalised theme for the Smart Keyboard and upload to the platform of the Smart Keyboard, we will process information such as the background picture, text colour, font and any custom skins or other features that you choose for your Smart Keyboard.

(c) Your preferences and settings. We may collect information such as your settings regarding data sharing, the use of specific functions (including the Key Sounds function), and the level of access that you grant POPIN to your device.

(d) Information collected from third party apps, such as third party app development and analytics platforms. We may collect information from third party apps. This information may include your IP address, statistics regarding your use of the Smart Keyboard and Smart Keyboard Service and any crashes or problems experienced while using the Smart Keyboard and Smart Keyboard Service.

(e) Usage information collected automatically. We may collect usage information automatically for the purpose of improving your input experience (such as the accuracy of input, performance optimization) and for the purpose of solving problems (such as crash, flash back, lag, etc). For example, information about your device and its software and about the way you use the Smart Keyboard Service and Smart Keyboard, such as the type of device, physical dimension, division ration, CPU type, memory capacity, operating system version, version of the Smart Keyboard Service and Smart Keyboard, keyboard type and typing performance when using the Smart Keyboard Service and Smart Keyboard, crash information (such as defects that occurred), and unique ID for each Smart Keyboard.

3.2 We provide you with an option to opt-out from many of these functions via the settings of either your device (microphone use) or the Smart Keyboard App. If you opt-out, we will be no longer able to access the personal data relating to the part of the Smart Keyboard Service that you opted-out from. However, please note that if you opt-out we will also no longer be able to provide you with that part of the Smart Keyboard Service.

When you exercise your option to opt-out from any of these functions by toggling a feature ‘off’ in the settings, a written communication on your behalf will automatically be sent to POPIN and will be constituted as withdrawal of consent from sharing the corresponding information necessary for the functionality. You may start using the functions again by toggling the feature ‘on’ in the settings, which will automatically send a written communication on your behalf to POPIN and will be constituted as express consent for collection and use of the data required for the functionality as per the terms of this Privacy Notice and the Terms of Use.

3.3 The table in the Annex sets out more information about what Personal Information may be transferred to POPIN and the purposes and lawful bases for such transfers.

3.4 We may anonymise and aggregate any of the Personal Information we collect (so that we can no longer identify you, directly or indirectly). We may use anonymised information for purposes that include testing our IT systems, research, data analysis, improving the Smart Keyboard Service and developing new products and features. We may also share such anonymised and aggregated information with others.

4. HOW LONG WE WILL STORE YOUR PERSONAL INFORMATION

4.1 We will usually store the Personal Information we collect about you for no longer than necessary for the purposes set out in the Annex, including for the purposes of our legitimate business interests and in satisfying any legal or reporting requirements.

4.2 To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and the applicable legal requirements.

5. RECIPIENTS OF PERSONAL INFORMATION

We may share and disclose your Personal Information with the following (as required in accordance with the purposes set out in the Annex):

(a) Our affiliates. We may share Personal Information with other entities owned by or under common ownership with POPIN in any jurisdiction to provide, develop and improve the Smart Keyboard Services and to determine products and services that may be of interest to you.

(b) Service providers and advisors. We may share your Personal Information with third party vendors and other service providers. In particular, such services may include professional services, such as legal and accounting services, payment processing, mailing, email or chat services, fraud prevention, web hosting, or analytic services. Any such service providers will – by appropriate data processing agreements – be bound only to process Personal Information on our behalf and under our instructions, unless such service providers act as independent or joint controllers.

(c) Purchasers and third parties in connection with a business transaction. Your Personal Information may be disclosed to third parties in connection with a transaction, such as a merger, asset or share sale, reorganisation, financing, change of control or acquisition of all or a part of our business, in addition to bankruptcy, liquidation and similar actions. In such cases we may transfer or disclose your Personal Information to the limited extent necessary to the applicable third party.

(d) Law enforcement, regulators and other parties for legal reasons. We may share your Personal Information with third parties as required by law or if we reasonably believe that such action is necessary: (i) to comply with the law, or to comply with the reasonable requests of law enforcement and other government agencies; (ii) to detect and investigate illegal activities and breaches of agreements, including our Terms of Service (iii) to protect the security or integrity of our Smart Keyboard Service; and/or (iv) to exercise or protect the claims, rights and property of POPIN , or the rights, property or personal safety of its users or others.

(e) Otherwise with consent. We may disclose your Personal Information to certain other third parties with your explicit consent.

6. STORING AND TRANSFERRING YOUR PERSONAL INFORMATION

6.1 Storage of Data, Security and Transfers. We implement appropriate physical, technical and organisational measures to protect your Personal Information that we collect, store, transfer, use and share/disclose against accidental or unlawful destruction, loss, alteration, and unauthorised disclosure or access.

All data that we collect, both Personal Information and non-Personal Information, will be stored by our cloud hosting provider on secure servers in Mumbai, India. Please note that although we implement and ensure measures to protect your Personal Information, no websites, internet transmissions, computer systems or wireless connections are absolutely secure. We will never send you unsolicited emails or contact you by phone requesting your account ID, password, credit or debit card information or national identification numbers. Some non-Personal Information we collect may be transferred to and processed in countries outside of India, namely to counties where we and/or our third-party service providers have operations. By using the Smart Keyboard Service and agreeing to the terms of use and this privacy notice, you hereby consent to such transfer of data. In the event of such a transfer, please note that different countries or regions may offer different levels of data protection. We will take measures to ensure that the data we collect is processed in accordance with this privacy notice and applicable laws. This means that we will ensure that: (i) data is transferred to countries recognised as offering an equivalent level or a better level of protection as compared to the level of protection in the country you are located; and (ii) the transfer is made pursuant to appropriate safeguards, and the information is processed and stored as per the reasonable security practices and procedures mandated by the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 or any other law pertaining to protection of data in force in India at the relevant time.

In the event that any Personal Information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose Personal Information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

6.2 If you wish to enquire further about the safeguards used, please contact us using the details set out at the end of this privacy notice.

7. YOUR RIGHTS IN RESPECT OF YOUR PERSONAL INFORMATION

7.1 In accordance with applicable privacy law, you have the following rights in respect of your Personal Information that we hold:

(a) Right of consent or refusal to give consent: Before we start collecting your Personal Information, you have the right to refuse to grant us consent. We shall collect, store, transfer, share/disclose and use your Personal Information only upon receiving express consent in writing from you. You can give your consent for our collection and processing of your Personal Information upon clicking the ‘I Agree’ option, which is made with this Privacy Policy. Similarly, you may choose to refuse to give your consent upon clicking the ‘I Refuse’ option, which is made available with this Privacy Policy. You understand that once you click on the ‘I Agree’ option, this will amount to you granting us your consent in writing, for the collection and usage of your Personal Information in accordance with this Privacy Policy.

Further, you also certify that by clicking ‘I Agree’, each Personal Information that you provide to us is correct, accurate, recent, and valid.

(b) Right of access. You have the right to obtain access to your Personal Information that we collect, store, transfer, share/disclose and use. This includes the right to obtain:

(i) confirmation of whether we are processing your Personal Information;

(ii) information about the categories of Personal Information we are processing, the purposes for which we process your Personal Information and information as to how we determine applicable retention periods;

(iii) information about the categories of recipients with whom we may share your Personal Information and if those recipients are located in third countries; and

(iv) a copy of the Personal Information we hold about you.

(c) Right of portability. You have the right, in certain circumstances, to receive a copy of the Personal Information you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your Personal Information to another person.

(d) Right to rectification. You have the right to obtain rectification of any inaccurate, outdated, or incomplete Personal Information we hold about you without undue delay by contacting us as set out in Section 16. However, you understand and agree that we do not hold any responsibility towards the accuracy or authenticity of the user data which you have submitted or we have collected through your use of the Smart Keyboard service.

(e) Right to erasure. You have the right to require us to erase your Personal Information without undue delay if the continued processing of that Personal Information is not justified.

(f) Right to restriction. You have the right to require us to limit the purposes for which we collect, store, transfer, share/disclose and use your Personal Information (for example, where the accuracy of the personal data is contested by you), for a period of time that enables us to verify the accuracy of that personal data.

(g) Right to object. You also have the right to object to any collection, storage, transfer, share/disclosure and usage of your Personal Infromation based on our legitimate interests, at any time, where your objection is raised on grounds relating to your particular situation. Should you decide to object to the collection, storage, transfer, share/disclosure and usage of your Personal Infromation, we will stop the collection, storage, transfer, share/disclosure and usage of your Personal Information upon your request, unless we are required to such disclosure your Personal Information for the purpose of the enforcement of the applicable laws and regulations by the basis of a lawful request from an authorized governmental official. You can object to direct marketing activities or to our Grievance Officer as provided in the Section 15 below, for any reason at any time.

(h) Right to withdraw consent. We do not need your consent for all of the processing activities we undertake. However, if we rely on your consent as the lawful basis for our processing (as identified in the Annex), and you have provided such consent for the processing of your Personal Information, you have the right to withdraw your consent at any time. If you withdraw your consent this will not affect the lawfulness of our use of your Personal Information before your withdrawal. You can withdraw your consent to the processing of your Personal Information, the basis of which is set out in the Annex, by updating your settings of your device (microphone use) and prohibiting any further collection or processing of your personal data or in Smart Keyboard App, by following the process laid down in Clause 3.2 of this Privacy Notice. If you withdraw your consent, we may no longer be able to provide you with the corresponding feature of the Smart Keyboard Service, except in the cases where you make use of the opt-out option as explained above under "Personal Information processed locally by the Smart Keyboard Service on your device".

7.2 If you wish to exercise one of these rights, please contact us using the contact details at the end of this privacy notice.

7.3 Due to the confidential nature of data processing we may ask you to provide proof of identity when exercising the above rights.

7.4 Right to lodge a complaint. You also have the right to lodge a complaint to a competent data protection authority. If you are based in the European Union, information about how to contact your local data protection authority is available here. If you are based in the United Kingdom, your local data protection authority is the Information Commissioner's Office, which can be contacted here. If you are based in the Philippines, your local data protection authority is the National Privacy Commission, which can be contacted here.

8. INTEREST-BASED ADVERTISING

8.1 We participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your input and use of the Smart Keyboard Service. We may share, or we may permit third party online advertising networks and other third party service providers, to collect information about your use of the Smart Keyboard Service.

8.2 These third parties may collect (or we may share) mobile identifiers such as your Google Advertising ID, as well as your device's IP address, information about your use of the Smart Keyboard Service, and information about which advertisements you have seen or clicked on.

8.3 We and our third-party partners mentioned above use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.

8.4 You may be able to limit the use of these identifiers for interest-based advertising on a particular device through the settings on your device, by selecting “opt out of interest based ads” (Android). You may also be able to opt-out of some, but not all, interest-based ads served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.

8.5 To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit:

a) the Network Advertising Initiative’s ("NAI") online resources, at http://www.networkadvertising.org/choices;

b) the Digital Advertising Alliance’s ("DAA") resources at www.aboutads.info/choices; and/or

c) Your Online Choices at www.youronlinechoices.eu.

8.6 Please note that opting-out of receiving interest-based advertising through online resources from the NAI, DAA or Your Online Choices will only opt you out from receiving interest-based ads on that device, but you may still receive interest-based ads on your other devices. You would need to perform the opt-out on each device that you use.

8.7 Please note that opting out of interest-based advertising does not mean you will no longer see advertising on your device – it just means that adverts may no longer be tailored to your interests.

9. LINKS TO THIRD PARTY SITES

The Smart Keyboard Service may, from time to time, contain links to and from third party websites, including those of other users, our partner networks, advertisers, partner merchants, news publications, retailers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy notices and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those websites.

Notwithstanding on the above, please contact us at the details provided in Section 15 below if you find that the links to third party websites contain electronic information and/or electronic documents that are unlawful. We will, in our sole discretion and based on information made available to us, remove such links to third party websites in the Smart Keyboard App, Smart Keyboard, and Smart Keyboard Service.

10. OUR POLICY TOWARDS CHILDREN

The Smart Keyboard Service is not directly offered to any child as defined by applicable laws and regulations of each jurisdiction (a “Child” or “Children”). Our services offered in the Smart Keyboard Service is strictly not intended for Children and we do not knowingly collect or solicit Personal Information from Children. In the event that we learn that we have inadvertently collected Personal Information from a Child, we will delete that information as quickly as possible. If you believe that we might have any information from a Child, please contact us using the details at the end of the privacy notice.

11. CHANGES TO THIS PRIVACY NOTICE

We may update this privacy notice from time to time, and you should review this page carefully and periodically. When we change this privacy notice, we will update the "last modified" date at the end of this privacy notice, and we recommend you to carefully read this Privacy Notice from time to time. Changes to this privacy notice are effective when they are posted on this page.

12. NOTICE TO YOU

If we need to provide you with information about something, whether for legal, marketing or other business-related purposes, we will select what we believe is the lawful and most effective way to get in contact with you. We will usually do this through email or by placing a notice on the Smart Keyboard Service. The fact that we may send notices to you will not stop you from being able to opt-out of certain types of contact as described in this privacy notice.

13. ACKNOWLEDGMENT AND CONSENT

By accepting this Privacy Notice, you acknowledge that you have read and understood this Privacy Notice and you accept all of its terms and conditions. In particular, you agree and consent to us collecting, storing, transferring, sharing, disclosing, and using your Personal Information in accordance with this Privacy Notice.

You may withdraw your consent to any or all collection, storage, transfer, share, disclosure and usage of your personal information Personal Information at any time by giving us reasonable notice in writing by contacting us in the contact details set out in Section 15. Depending on the circumstances and the nature of the consent which you are withdrawing, you must understand and acknowledge that after such withdrawal of consent, you may no longer be able to use the Smart Keyboard App, Smart Keyboard, and Smart Keyboard Service. A withdrawal of consent by you may result in the termination of your account or of your contractual relationship with us, with all accrued rights and obligations remaining fully reserved. Upon receipt of your notice to withdraw consent for any collection, storage, transfer, share/disclosure and usage of your personal information Personal Information, we will inform you of the likely consequences of such withdrawal so that you can decide if indeed you wish to withdraw consent.

14. GRIEVANCE REDRESSAL

In case of any discrepancy or grievance regarding the information shared with us, you may address your concerns to our designated Grievance Officer:

Mr./Ms.: S hen

E-mail Address: smartkeyboardcontact@gmail.com

Contact Number: +818048082361

Address: FLOOR 39, ROPPONGI FOREST GARDEN, 6-10-1 ROPPONGI, MINATO-KU, TOKYO

We will provide confirmation of receipt of any complaint within seven (7) business days of receipt of the complaint. We will carry out an independent investigation into the complaint and may request verification on the complaint to relevant authorities within fourteen (14) business days of receipt of the complaint. We will provide notification to the relevant user in relation to the complaint on the electronic information and/or the electronic documents uploaded by such user within thirty (30) business days of receipt of the complaint, or if there is a determination that the electronic information and/or electronic documents submitted in the complaint are prohibited by the prevailing laws and regulations, then we will reject such complaint within thirty (30) business days of receipt of the complaint. If the electronic information and/or electronic documents submitted in the complaint is prohibited by the prevailing laws and regulations, we will proceed to delete/remove such electronic information and/or documents within thirty (30) business days as of the receipt of the complaint.

15. CONTACTING US

15.1 Please contact smartkeyboardcontact@gmail.com if you have any questions, comments and requests regarding this privacy notice.

15.2 This privacy notice was last modified on [M ay 29], 2024.

ANNEX – PERSONAL INFORMATION YOU SHARE WITH US

Category of Personal Information	How we may use the Personal Information	Legal Bases for Processing
Information you submit into the search fields, for example, we will offer the most relevant results to you based on the words and phrases you enter into the search fields. The search fields include search bar and gif, emoji search.	We use the data to offer the most relevant results to you.	The processing is necessary for the performance of a contract with you.
	We use this information to analyse your searches to identify services that may be of interest to you for the purposes of interest-based advertising, and to simplify how you use the Smart Keyboard Service and improve the functionality of the Smart Keyboard Service.	The processing is necessary for our legitimate interests, namely to provide interest-based advertising services to our partners and to develop and improve the Smart Keyboard Service.
If you choose a personalised theme for your Smart Keyboard. If you choose a personalised theme for the Smart Keyboard and upload to the platform of the Smart Keyboard, we will process information such as the background picture, text colour, font and any custom skins or other features that you choose for your Smart Keyboard.	We process this information so that you can upload personalised theme for your Smart Keyboard.	The processing is necessary for the performance of a contract with you.
Your preferences and settings. We will collect information relating to your preferences and settings, such as your settings with regard to data sharing, and the use of specific functions (including the Key Sounds function) and the level of access to your device that you grant to the Smart Keyboard Service.	We use this to ensure that we only collect data in accordance with your preference and settings.	The processing is necessary for the performance of a contract with you.
	We use the information to simplify how you use the Smart Keyboard Service and to improve the functionality of the Smart Keyboard Service.	The processing is necessary for our legitimate interests, namely developing and improving the Smart Keyboard.
Information collected from third party apps, such as third party app development and analytics platforms. Where we collect information from third party apps, this information may include your IP address, statistics regarding your use of the Smart Keyboard and Smart Keyboard Service and any crashes or problems experienced while using the Smart Keyboard and Smart Keyboard Service.	We use this information to resolve crash problems and other issues you may experience when using the Smart Keyboard Service.	The processing is necessary for our legitimate interests, namely to monitor and resolve issues with the Smart Keyboard Service and to improve the Smart Keyboard Service generally.
	We use this information to tailor the Smart Keyboard Service to you in order to optimise your experience when using the Smart Keyboard Service.	The processing is necessary for our legitimate interests, namely to tailor the Smart Keyboard Service to the user.
Usage information collected automatically. We may collect usage information automatically for the purpose of improving your input experience (such as the accuracy of input, performance optimization) and for the purpose of solving problems (such as crash, flash back, lag, etc). For example, information about your device and its software and about the way you use the Smart Keyboard Service and Smart Keyboard, such as the type of device, physical dimension, division ration, CPU type, memory capacity, operating system version, version of the Smart Keyboard Service and Smart Keyboard, keyboard type and typing performance when using the Smart Keyboard Service and Smart Keyboard, crash information (such as defects that occurred), and unique ID for each Smart Keyboard.	We use this information to provide custom, personalised content and information, including advertising presented by the POPIN group.	The processing is necessary for our legitimate interests, namely tailoring the Smart Keyboard Service to the user and serving targeted advertisements.
	We use this information to identify you across multiple devices.	The processing is necessary for our legitimate interests, namely tailoring the Smart Keyboard Service to the user and serving targeted advertisements.
	We use this information to ensure and monitor the effectiveness of the Smart Keyboard Service.	The processing is necessary for our legitimate interests, namely monitoring and resolving issues with the Smart Keyboard and the Smart Keyboard Service generally, and developing, maintaining or improving the Smart Keyboard Service.
	We use this information to monitor aggregate metrics such as the total number of visitors, traffic, usage, and demographic patterns on the Smart Keyboard Service for generating statistics.	The processing is necessary for our legitimate interests, namely monitoring and resolving issues with the Smart Keyboard and the Smart Keyboard Service generally, and developing, maintaining or improving the Smart Keyboard Service.
	We use this information to diagnose or fix technology problems.	The processing is necessary for our legitimate interests, namely monitoring and resolving issues with the Smart Keyboard and the Smart Keyboard Service generally, and developing, maintaining or improving the Smart Keyboard Service.
	We use this information to develop and enhance the Smart Keyboard Service.	The processing is necessary for our legitimate interests, namely developing, maintaining or improving the Smart Keyboard Service.
All of the above Personal Information.	We may process Personal Information to comply with legal obligations (such as tax and commercial obligations).	The processing is necessary for our compliance with legal obligations.
All of the above Personal Information.	We may process Personal Information to pursue or defend against legal claims, and to protect and defend our rights and property and the rights, property or personal safety of its users or others.	The processing is necessary for our legitimate interests, namely to pursue or defend against legal claims, and to protect and defend our rights and property and the rights, property or personal safety of its users or others.