Children's Personal Information Protection Rules and Guardians Instructions (Overseas Version)
Any child participating in online activities should obtain the prior consent of the guardian. If you are a child under the age of 14, or you are a minor according to any applicable law, please be sure to inform your guardian to read this notice with you, and before you use our products and services and submit personal information, seek for your guardian's consent and guidance.
Taobao (or "we") are well aware of the importance of protecting the personal information security and privacy of children under the age of 14. This “Children’s Personal Information Protection Rules and Guardians Instructions” (hereinafter referred to as the “Instructions”) seeks to explain our processing rules and other related matters when we collect and use children's personal information with reference to Taobao’s product functions and services (hereinafter collectively referred to as “our product functions and services”) set out in the “Taobao Basic Function Privacy Policy (Overseas Version”) (hereinafter referred to as the “Privacy Policy”)..
Please note that in most circumstances, we cannot identify and will not be able to determine whether the personal information collected and processed is children's personal information. We will not actively collect children's personal information, and we will collect and process users' personal information in accordance with the Privacy Policy. To the extent that it comes to our attention that the personal information collected and processed is children’s personal information, then the following rules apply.
Special Instructions for Guardians:
You, as a parent or other guardian of your child (collectively, "guardian"), please thoroughly read and understand this notice before you or your children use our product functions and services. In particular, the terms marked in bold, underline or red should be read with emphasis. After confirming that you fully understand and agree to all the terms, you can start using or allow the children under your guardianship to use them.
Your understanding and cooperation are necessary for us to protect your child's personal information and privacy. In order to safeguard your children's legitimate rights and interests, we hope you can help us to ensure that your child uses our product functions and services with your consent and guidance, and on the basis of this, submit necessary personal information to us. We will take special measures to protect the personal information of children obtained by us in accordance with this notice. If you do not agree with the contents of this notice, please ensure that the children under your custody immediately stop accessing/using our products and services.
Special Instructions for Children:
This notice applies to the collection, storage, use, transfer, sharing and disclosure of children's personal information through the Internet to users who choose to use the service functions provided by Taobao outside the mainland of People's Republic of China. If the mobile phone number you use and/or your IP address, shipping address, third-party account you use to log in to Taobao, etc. are located outside mainland China, this notice shall be applicable to you. Unless expressly provided otherwise, if there is a conflict between the terms of this Children’s Personal Information Protection Rules and Guardians Instructions (Overseas Version) and the Privacy Policy, the terms of this Children’s Personal Information Protection Rules and Guardians Instructions (Overseas Version) will take precedence over the relevant conflicting terms of the Privacy Policy.
After you have read this notice, if you have any questions about this notice or matters related to this notice, you can contact us through the feedback channels listed in section "VII, how to contact us" and we will reply as soon as possible.
This note will help you understand the following:
I.
How We Collect and Use Children's Personal Information
II.
How We Share, Transfer and Publicly Disclose Children's Personal Information
III.
How We Store Children's Personal Information
IV.
How We Protect Children's Personal Information
V.
How to Manage Children's Personal Information
VI.
Modifications to this Note
VII.
How to Contact Us
I. How We Collect and Use Children's Personal Information
1) We will strictly fulfill our obligations and responsibilities of children's personal information protection as required by laws and regulations, following the principles of due necessity, informed consent, clear purpose, safety assurance, and legal use, and obtaining the consent of the guardian before we collect and use children's personal information. When you actively provide us with children's personal information as part of you or your children’s use of our products or services, such as photos, videos or other information of children that you share in the information posting function (if any) provided by us, you agree to our collection and use of children's personal information in accordance with the contents of this Notice.
2) We may collect and use your or your children's personal information for the purpose of providing you or your children with our products and services, such as providing or recommending a personalized display (see Privacy Policy (ii) Display Information About Goods or Services) and provide security for your account. Please refer to the specific purpose of use, the scope of personal information collected, and the consequences of refusing to provide the corresponding information in the Privacy Policy chapter II Collection and Use of Information for a more detailed explanation.
3) We will also automatically collect your or your children's personal information through Cookies, SDK and other similar technologies. For details, please refer to the "Privacy Policy (viii) Other Additional Services Provided to You". If we need to collect and use children's personal information beyond the above scope, we will obtain the consent of the guardian.
4) Exceptions to Authorized Consent
To the extent permitted by applicable laws and regulations, the collection of children's information does not require the authorization of their guardians in the following situations:
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The collection of children’s information is in connection with our performance of our obligations under laws and regulations;
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The collection of children’s information is related to public security, public health, major public interests;
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The collection of children’s information is related to criminal investigation, prosecution, trial and execution of judgment, etc;
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The collection of children’s information is for the protection of children's life, property and other vital rights and interests, but it is difficult to obtain the consent of the guardian;
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The information collected is made available to the public by the child or guardian on his or her own;
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Children’s Information is collected from information that is legally publicly disclosed;
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The information collection is necessary for entering into and performing relevant agreements or other written documents with you or your children;
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The information collection is necessary to maintain the safe and stable operation of our products and services, such as detecting and handling failures of our products and services;
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The information collected has been de-identified or anonymized;
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Other circumstances stipulated by laws and regulations.
How We Share, Transfer and Publicly Disclose Children's Personal Information
1) We keep children's personal information strictly confidential and share children's personal information only in accordance with the instructions and your explicit authorization and consent. In order to improve the efficiency of information processing, reduce the cost of information processing or improve the accuracy of information processing, we may entrust our competent affiliates or other professional organizations to process children's personal information on our behalf. Please see the Privacy Policy III. Partners Involved in the Use of Data and the Transfer and Disclosure of Personal Information.
2) If it is necessary to share children's personal information to a third party for the purposes described in this Notice, we will evaluate the legality, legitimacy and necessity of the third party's collection of children's personal information. We will require third parties to take measures to protect children's personal information and strictly comply with relevant laws, regulations and regulatory requirements. We will require third parties who receive children's personal information to abide by strict confidentiality obligations and take effective confidentiality measures, prohibit them from using such children's personal information for purposes without the authorization of children and their guardians, and require the entrusted company to fulfill the following obligations in accordance with the law:
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Process children's personal information in accordance with the provisions of laws and administrative regulations and our requirements;
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Assist us in responding to requests from guardians of children;
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Take measures to ensure information security, and in the event of a child's personal information leakage security incident, notify us of the incident in a timely manner;
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Delete children's personal information in a timely manner when the entrustment is terminated;
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Prohibit sub-entrustment;
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Other obligations to protect children's personal information that should be performed in accordance with the law.
In addition, we will obtain your consent for such sharing to the extent required by applicable laws and regulations, or confirm that the third party has obtained your consent.
How We Store Children's Personal Information
1) We will store and process children's personal information in strict accordance with the provisions of Privacy Policy V. Retention of Information, but we may transfer children’s personal information overseas in accordance with the cross-border transfer requirements in Section V of the Taobao Basic Function Privacy Policy (Overseas Version).
We will ensure that the protection of children's personal information is not lower than the level specified in this Notice through contracts and other forms.
2) We will only retain children's personal information for as long as necessary to achieve the purposes described in this Notice, unless there is a mandatory retention period requirement by law. For how we determine the storage period of children's personal information, please refer to the Privacy Policy V.(I) Retention Period. If we terminate the service or operation, we will stop collecting children's personal information in a timely manner, and at the same time, we will comply with the relevant laws and regulations to notify the guardian in advance, and delete or anonymize the personal information of children after the termination of the service or operation, except as otherwise provided by laws and regulations or regulatory authorities.
IV. How We Protect Children's Personal Information
We attach great importance to the privacy and security of children and take all reasonable and feasible measures to protect children's personal information:
1) Permission Control: wetake technical measures to record and control the processing of children's personal information by our staff to avoid illegal copying and downloading of children's personal information.
2) We have established Emergency Plans for Children's Personal Information Security Incidents. We regularly organize relevant internal personnel to conduct emergency response training and emergency drills to enable them to master job responsibilities and emergency response strategies and procedures. If there is a child's personal information security incident, we will promptly inform children and their guardians of the basic situation and possible impact of the security incident, the measures we have taken or will take, the suggestions for children and their guardians to prevent and reduce risks independently, and the remedial measures for children and their guardians in accordance with the requirements of laws and regulations. We will promptly inform the children and their guardians of the event by means of App push notification, email/short message, etc. When it is difficult to inform affected children individually, we will issue relevant warning information in a reasonable and effective way. At the same time, we will also report the processing of children's personal information security incidents in accordance with the requirements of local regulatory authorities.
V. How to Manage Children's Personal Information
You or your children can communicate with us through the channels listed in the Privacy Policy VIII. Contact Us to request the deletion of the following personal information of children:
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Collecting, storing, using and providing children's personal information in violation of the provisions of laws and administrative regulations or the agreement between both parties;
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Collecting, storing, using and providing children's personal information beyond the scope of the purpose or the necessary period;
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You withdraw your consent;
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You or your children terminated the use of the product or service by means of cancellation.
VI. Modifications to this Notice
We may modify the terms of this Notice in accordance with the update of our products and services and the relevant requirements of laws and regulations. Such modifications form part of this Notice, and the latest modified version is displayed onSpecific Page. Due to large number of users, we will also provide more prominent notices for material changes (including publicity through the website or the front page of the client, and even provide you with pop-up prompts). For details, please refer the Privacy Policy VI. Update of Privacy Policy.
VII. How to Contact Us
If you and your children have any questions about this Notice, or have any complaints or comments about the processing of children's personal information, please contact us through the following channels. We will reply to your request, questions, comments or suggestions within fifteen working days after verifying the identity of the guardian and/or child:
1) If you have any questions, comments or suggestions about the contents of this Notice, you can contact us through Taobao customer service;
2) We have also set up a full-time personal information protection department, and have set up/appointed a Data Protection Officer (DPO) for Taobao under the Privacy Policy. You can contact the DPO through【pip.tmw@service.alibaba.com】(please indicate that it is related to [Taobao privacy] and explain the specific facts). Please note that we may not respond to questions that are not related to the Privacy Policy or your personal information rights.
3) This Instructions shall be governed by the laws of the People’s Republic of China. Lawsuit may be brought over disputes arising from or related to any terms or conditions of this Instructions to the people's court with jurisdiction in the place where the defendant is located.
