MARK
PRIVACY POLICY
Last Modified on July 7, 2020
Please read this privacy policy carefully, as it contains important information on who we are, how and
why we collect, store, use, and share personal information, your rights in relation to your personal
information and on how to contact us and supervisory authorities if you have a complaint.
1. Who we are
People Sharing Streetart Together Limited (“PSST”, “we”, or “us”) collects, uses, and is responsible for
certain personal information about you, as part the “MARK” app (the “Service”).
For those in the European Union, we are regulated under the General Data Protection Regulation which
applies across the European Union (including in the United Kingdom) and we are responsible as
controller of that personal information for the purposes of those laws.
2. Public Information
When you use the Service, your username and Shared Information (defined in Section 3 below) may be
publicly viewable by others who use the Service. We recommend you do not use your real name or
other information that may be used to personally identify you as part of your username. This
information may be used to make unwanted contact with you by third parties.
Also, because the Service uses your device’s raw camera feed, for your own safety and privacy, you
should avoid taking videos or photographs in any private spaces or of other people.
We are not responsible for your username or the manner in which it may be used by third parties. Also,
you should exercise caution with all Shared Information, and we recommend you do not publicly post any
personal information that may be used to identify or contact you when using the Service.
3. The Personal Information we collect
Information collected by us: In providing the Service, we collect the following personal information
either automatically or when you voluntarily provide it to us:
•
Your name and email address are collected when you sign up for our mailing list, contact us about
a Service-related issue or support ticket, fill out a survey or send feedback, or enter a contest or
sweepstakes on the Service (your “Contact Information”). The legal basis for collecting this
information is to fulfill a contract with you, under GDPR Art. 6 (1) (b).
•
Your name, country of residence, gender, date of birth, username, character name, password, and
other information that help us confirm your access to your account when you sign up for an
account on the Service (your “Account Information”). Creating an account is required to use the
Service. The legal basis for collecting this information is to fulfill a contract with you, under
GDPR Art. 6 (1) (b).
•
Your location, whether collected from your device’s GPS or other location information, or from
your IP address or other identifier (your “Location Information”). The legal basis for collecting
this information is to fulfill a contract with you, under GDPR Art. 6 (1) (b).
•
Your raw camera feed recordings are collected from your device (your “Camera Information”).
The legal basis for collecting this information is to fulfill a contract with you, under GDPR Art. 6
(1) (b).
•
Any shared content you post, message, or otherwise share with other users publicly through the
Service (your “Shared Information”). This can include any interactions with other users on our
player forums, message boards, news feeds, status updates, posting public comments to users’
status updates, sending messages or invitations to other users, chatting with other users, and
posting photos, etc. The legal basis for collecting this information is to fulfill a contract with you,
under GDPR Art. 6 (1) (b).
•
If you make a purchase on the Service, we may collect certain payment information, such as your
name, credit card number, phone number, etc., and information about what purchases (your
“Purchase Information”). The legal basis for collecting this information is to fulfill a contract
with you, under GDPR Art. 6 (1) (b).
•
Certain technical information about your device and other information, such as your I device’s
make and model, configuration information, unique device identifiers ("Device ID"), device
tokens, its operating system version, language, time zone, device carrier, is collected when you
use the Service (your “Technical Information”). The legal basis for collecting this information is
to fulfill a contract with you, under GDPR Art. 6 (1) (b).
•
When you use the Service, we automatically collect information about your usage, including
progress, scores, achievements and interactions with other users (your “Usage
Information”). The legal basis for collecting this information is our legitimate interest, under
GDPR Art. 6 (1) (f).
Information shared with us by third parties: Sometimes we collect information about you from third
parties, such as Apple and Google. We may combine such information with information we collect from
you directly. This information is collected:
•
when you download or purchase our mobile apps via the Apple App Store, Google Play Store, or
other stores, we may collect information about your download or purchase;
•
when you sign in to the Service with a social media account, such as Facebook or Twitter, we
gather basic profile information like your name, screen name, gender, age, profile photo, and
friends list.
Note that if you log into our Services using any third party’s services, you promise that your access and
use of such features in connection with our Services will comply with the applicable Terms of Use and
Privacy Policy of that third party.
4. How we use your Personal Information
We use your personal information as follows:
•
Operation of the Service: In order to operate the advertised features of the Service, including
location-based Augmented Reality contests and activities, operating public forums and
messaging, and other aspects of the Service, PSST may use any of the information collected from
you above.
•
Newsletters: PSST may use your Contact Information or Account Information to send you
commercial or marketing messages, including newsletters and email communications about our
products or services.
•
Technical Support: PSST uses Contact Information, Account Information, Technical
Information, Usage Information, and any other information you provide us about your device or
yourself, as needed, to provide you with technical support for the Service.
•
Contests and Sweepstakes: PSST may offer you the chance to participate in contests, surveys,
and other Service feedback. We may use your Contact Information and Account Information for
these purposes.
•
Surveys and Feedback: PSST may offer you the chance to participate in surveys and other
Service feedback. We may use your Contact Information to receive and process any surveys and
feedback, in order to improve the Service.
•
Analytics and Service Improvements: We use your Usage Information, Technical Information,
Location Information, and Account Information to collect and analyze gameplay and user data in
order to improve the Service.
Who we share your Personal Information with: We share your Personal Information with certain third
parties as part of our operation of the Service. This data sharing enables us to provide you with the
Service in the optimal way.
Some of those third-party recipients may be based outside the European Economic Area — for further
information, including how we safeguard your personal data when this occurs, see their individual privacy
policies linked to above and the section entitled “Transfer of your Information out of the EEA,” below.
We share your Personal Information with the following third parties:
•
Google Play Services: The Service runs on Google Play Services for AR (ARCore), which is
provided by Google LLC and governed by the Google Privacy Policy, which you can view here.
Your Camera Information will be shared with Google LLC for these purposes.
•
Chat: We use Sendbird to manage chat functionality on the Service. Your Shared Information,
Contact Information, and Account Information may be shared with them for these purposes. You
can view their privacy policy here.
•
Mapping and Location-based Functionality: We use Mapbox to manage mapping, GPS, and
other location-based functionality on the Service. Your Location Information may be shared with
them for these purposes. You can view their privacy policy here.
Additionally, the Service uses your Camera Information and your device’s sensor data (info about
physical properties and your device’s sensor feed, such as the Inertial Measurement Unit). This
helps with positioning your device relative to the world, as you create and share art with others.
This data is packaged into a video file and shared with Google to help improve the multiuser
localization technology. You can view the Google privacy policy here.
•
Firebase: We use Google’s Firebase service to analyze user behavior and improve the Service.
Your unique User ID and your Account Information will be shared with Google for these
purposes. You can view the Google privacy policy here.
•
Other Sharing: We will share your personal information if we have a good faith belief that (i)
access, use, preservation or disclosure of such information is reasonably necessary to satisfy any
applicable law, regulation, legal process, such as a court order or subpoena, or a request by law
enforcement or governmental authorities, (ii) such action is necessary to detect, prevent, or
otherwise address fraud, security or technical issues associated with the Service, or (iii) such
action is appropriate to protect PSST’s or its employees’, clients’, or users’ rights, property, or
safety.
We will not share your personal information with any other third party.
How long your Personal Information will be kept: We will keep your Personal Information for the
length of time required to provide you with the Service, unless a longer retention period is required or
permitted by law. Afterwards, we delete all aforementioned data in our possession within a reasonable
timeframe. We do not verify the correctness of personal data that we collect or you provide.
Please note that some data may be retained, if necessary to resolve disputes, enforce PSST user
agreements, and comply with technical and legal requirements and constraints related to the security,
integrity, and operation of the Service.
Children’s Privacy: We do not knowingly collect any personal information from children under the age
of 13, nor do we allow them to create accounts, sign up for newsletters, make purchases, or browse the
Service. In addition, we may limit how we collect, use, and store some of the information of EU users
between 13 and 16. PSST takes children’s privacy seriously and encourages parents to play an active role
in their children’s online experience at all times. We urge parents to instruct their children never to give
out their real names, addresses, or phone numbers, without parental permission, when online. If you have
any concerns about your child’s personal information, please contact us at contact@mark.app.
“Do Not Track” Signals: Because there’s not yet a consensus on how companies should respond to web
browser-based or other “do not track” mechanisms yet, we do not respond to web browser-based do not
track signals.
5. Transfer of your Information out of the EEA
PSST is based in Hong Kong. No matter where you are located, you consent to the processing, transfer
and storage of your information in and to Hong Kong, the U.S., and other countries where our third-party
service providers are located, in accordance with the privacy policies of third parties with whom we share
your personal information. The laws of Hong Kong, the U.S., and these other countries governing data
collection and use may not be as comprehensive or protective as the laws of the country where you live.
If you would like further information, please contact us (see “How to contact us” below).
6. EU Residents - Your Rights
Under the laws of some jurisdictions, including the General Data Protection Regulation in the EEA, you
have a number of important rights with regard to your Personal Information.
•
By law, you can ask us what information we hold about you, and you can ask us to correct it if it
is inaccurate. If we have asked for your consent to process your personal data, you may withdraw
that consent at any time.
•
If we are processing your personal data for reasons of consent or to fulfill a contract, you can ask
us to give you a copy of the information in a machine-readable format so that you can transfer it
to another provider.
•
If we are processing your personal data for reasons of consent or legitimate interest, you can
request that your data be erased.
•
You have the right to ask us to stop using your information for a period of time, if you believe we
are not doing so lawfully.
•
Finally, in some circumstances, you can ask us not to reach decisions affecting you using
automated processing or profiling.
If you would like to exercise any of those rights, please email us at contact@mark.app. We may ask for
additional verification information, such as your username and other information required to be sure that
you are the owner of that data.
7. California Residents – Your Rights
If you are a California resident, beginning on January 1, 2020, the California Consumer Privacy Act
(CCPA) gives you the following rights:
Right to Know: You can ask us what personal data we hold about you and request a copy of the
information. This information includes:
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The categories of personal information we have collected about you.
•
The categories of sources from which we collect the personal information.
•
The business or commercial purpose for collecting your personal information.
•
The categories of third parties with whom we share that information.
•
The specific pieces of personal information we have collected about you.
Right to Delete: You can request that your personal information be erased. However, there are some
exceptions to this right, in situations where we:
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Need to complete the transaction for which the personal information was collected, provide a
good or service that you requested, or that is reasonably anticipated within our ongoing business
relationship with the consumer, or to otherwise perform a contract between us.
•
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or
prosecute those responsible for that activity.
•
Debug to identify and repair errors that impair existing intended functionality.
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Exercise free speech, ensure the right of another consumer to exercise their right of free speech,
or exercise another right provided for by law.
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Need to comply with the California Electronic Communications Privacy Act pursuant to Chapter
3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
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Engage in public or peer-reviewed scientific, historical, or statistical research in the public
interest that adheres to all other applicable ethics and privacy laws, when the businesses’ deletion
of the information is likely to render impossible or seriously impair the achievement of such
research, if the consumer has provided informed consent.
•
Enable solely internal uses that are reasonably aligned with the expectations of the consumer
based on the consumer’s relationship with us.
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Need to comply with a legal obligation.
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Otherwise use your personal information, internally, in a lawful manner that is compatible with
the context in which you provided the information.
Right to Opt Out: PSST does not sell any of your personal information for any purposes.
Other Rights: In addition to the rights above, you also have the right to request certain information about
our disclosure of personal information to third parties for their own direct marketing purposes during the
calendar year preceding your request. This request is free and may be made only once a year.
You also have the right not to be discriminated against for exercising any of the rights of California
residents listed in this section.
If you would like to exercise any of the rights listed above, please contact us at the addresses below in the
section entitled “How to contact us.”
8. Keeping your Personal Information secure
We have taken steps to put appropriate security measures in place to prevent personal information from
being accidentally lost, or used or accessed in an unauthorized way.
For example, we limit access to your personal information to those who have a genuine business need to
know it. Those processing your information will do so only in an authorized manner.
We also have procedures in place to deal with any suspected data security breach. We will notify you and
any applicable regulator of a suspected data security breach where we are legally required to do so.
9. Resolving Disputes
We hope that we can resolve any questions or concern you raise about our use of your Personal
Information. Please contact us via the methods listed below in the section entitled “How to contact us” to
let us know about any of your questions or concerns, and we will get back to you to resolve the issue.
If you are an EU citizen, the General Data Protection Regulation also gives you right to lodge a complaint
with a supervisory authority, in particular in the European Union (or European Economic Area) state
where you work, normally live, or where any alleged infringement of data protection laws occurred.
10.Changes to this Privacy Notice
This privacy notice was last updated on July 7, 2020.
We may change this privacy notice from time to time. When we do, we will inform you via email to the
email address you have provided us with through your account, or by posting a message about the change
on the Service.
11.How to contact us
Please contact us if you have any questions about this privacy notice or the information we hold about
you.
If you wish to contact us, you can do so by email to contact@mark.app, through a “contact us” form on
the Service, or by postal mail to 12/F., Yat Chau Building, 258-262 Des Voeux Road Central, Sheung
Wan, Hong Kong.
