PRIVACY POLICY

Last updated: 23 Apr 2022

Thank you for using PONS.ai! We are dedicated to protecting your personal data with the utmost integrity, and aim to collect as little information about you as operationally possible, while providing you with the best global arts and culture social shopping experience on mobile.

This policy sets out the basis on which Pons Company Limited (Company Number 2708064; registered in Hong Kong SAR) (together with our subsidiaries, our holding company, subsidiaries of our holding company from time to time, collectively called “Pons Company Limited” or “we”) collects personal data from you and how we process such data. By visiting and/or using our website https://www.pons.ai (our “Site”), mobile application, web application, artificial intelligence (AI) applications and other applications (collectively our “App”), you accept and consent to the practices set out below.

For our users in the European Union (EU), we are GDPR (General Data Protection Regulation) compliant.

 

1 Collection of information

1.1 For the purposes outlined in Clause 2, we may collect and process the following information about you:

(a) Information you explicitly give us, which may include your full name, username, bio, description, profile image, email address, physical addresses (delivery, ship from and billing addresses), phone number, social media handle (e.g. Instagram), website, VAT number, product data in text and images, and certificate of authenticity image) by filling in forms on our Site or App, or by corresponding with us (by phone, email or otherwise), for example:

(i)  when you register for an account with us on our Site or App;

(ii)  when you report any problem to us;

(iii)  when you use certain features on our Site or App;

(iv)  when you request any support from us; or

(v)  when you complete any survey or questionnaire we send you.

(b) Information automatically collected when you use our Site or App, for example:

(i) standard technical information, including the Internet protocol (IP) address used to connect your computer to the Internet and your log-in information, user agent information (including browser type and version, operation system, platform), time of usage and time zone setting; and

(ii) details of any product purchases and likes you made on our App; and

(iii) details of any event / content likes you made on our App.

1.2 We only retain personal data for as long as it is necessary. Data may be archived as long as the purpose for which the data was used still exists.

2 Uses made of the information

2.1 We use information held about you for the following purposes:

(a)  providing, improving and developing our services;

(b)  researching, designing and launching new features or products;

(c)  presenting content and information in our Site and App in the most effective manner for you and for the device you use;

(d)  providing you with notifications, alerts, updates, materials or information about our services or other types of information that you requested or signed up to;

(e)  collecting overdue amounts;

(f)  in any part of the world;

(g)  responding or taking part in legal proceedings, including seeking professional advice;

(h)  for direct marketing purposes (please see further details in Clause 2.2 below);

(i)  communicating with you and responding to your questions or requests; and

(j)  purposes directly related or incidental to the above.

2.2 We intend to use your personal data in direct marketing (i.e. offering or advertising products or services by sending the relevant information directly to you). We require your consent specifically for this purpose and you may opt out any time. For the purpose of this clause:

(a)  the personal data that may be used in direct marketing are those that you provide to us or we collect from you under Clause 1.1 above;

(b)  the type of services or products that may be offered or advertised will be works of art, cultural merchandises, events and content;

(c)  the relevant information may be sent to you by email and in-app notifications;

(d)  you may opt out any time by emailing us at support@pons.ai. We will cease to send you marketing information without charge.

2.3 Any images taken/uploaded through the 'AI VISION' or 'AI ART FILTER' feature of our App will not be stored in our database. Our AI models only take them as inputs, and output predictions (e.g. images and/or videos) that you can view in-app. For production purposes (e.g. providing you with your AI ART FILTER output), your data may be accessible in the filesystem. You can delete content by contacting support@pons.ai. Any request to delete your content may be subject to a small administrative fee to meet our cost in processing your request. 

2.4. Any product and certificate of authenticity images uploaded through the 'Sell' feature will be stored in our database for as long as it is necessary in order to give all users the ability to recognise your products through the 'AI VISION' feature and to see your certificate of authenticity image displayed in the 'Product' screen. You have the right to request their removal from our database (see Clause 8).

2.5. Participation in the Patrons ranking is automatically opted-in for all users to provide a fun and exciting social arts & culture digital experience. You have the right to request us to remove you from the Patrons ranking (see Clause 8).

3 Disclosure of your information

We will keep your personal data we hold confidential but you agree we may provide information to:

(a)  any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in Schedule 1 of the Securities and Futures Ordinance (Cap. 571) of the Law of Hong Kong;

(b)  personnel, agents, advisers, auditors, contractors, financial institutions, and service providers in connection with our operations or services (for example staff engaged in the fulfilment of your order, the processing of your payment and the provision of support services);

(c)  our overseas offices, affiliates, business partners and counterparts (on a need-to- know basis only);

(d)  persons under a duty of confidentiality to us;

(e)  persons to whom we are required to make disclosure under applicable laws and regulations in any part of the world; or

(f)  actual or proposed transferees of our operations (or a substantial part thereof) in any part of the world.

4 Cookies

4.1 Our Site uses cookies to distinguish you from other users of the Site. This helps us to provide you with a good experience when you browse our Site and also allows us to improve our Site.

4.2 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree to the use of cookies. Cookies contain information that is transferred to your computer's hard drive.

4.3 We use persistent cookies and session cookies. A persistent cookie stays in your browser and will be read by us when you return to our Site or a partner site that uses our services. Session cookies only last for as long as the session (usually the current visit to a website or a browser session).

4.4 We may use the following cookies:

(a) Essential cookies – these cookies enable core functionality such as security, verification of identity and network management. These cookies can’t be disabled.

(b) Marketing cookies – these cookies are used to track advertising effectiveness to provide a more relevant service and deliver better ads to suit your interests.

(c) Functionality cookies – these cookies collect data to remember choices users make to improve and give a more personalised experience.

(d) Analytics cookies – these cookies help us to understand how visitors interact with our website, discover errors and provide a better overall analytics.

4.5  You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you do so, you may not be able to access all or parts of our Site.

4.6  We may use third-party web services on our Site. The service providers that administer these services use technologies such as cookies (which are likely to be analytical/performance cookies or targeting cookies), web server logs and web beacons to help us analyse how visitors use our Site and make the information displayed on it more relevant to your interests. The information collected through these means (including IP addresses) is disclosed to these service providers. These analytics services may use the data collected to contextualise and personalise the marketing materials of their own advertising network.

5 Third-party sites

Our Site, App or our communication with you may from time to time contain links to third-party websites over which we have no control. If you follow a link to any of these websites, please note that they have their own practices and policies. We encourage you to read the privacy policies or statements of these websites understand your rights. We accept no responsibility or liability for any practices of third-party websites.

6 Security

6.1 All information you provide to us is stored on our secure servers.

6.2  Any payment transactions will be encrypted using the blockchain or TLS/SSL technology with Stripe.

6.3  Where we have given you (or where you have chosen) a password or code that enables you to access certain parts of the Site or App, you are responsible for keeping this password confidential. We ask you not to share a password or code with anyone, and we have no access to your password whatsoever.

6.4  We restrict access to personal information to our employees, service providers and contractors on a strictly need-to-know basis and ensure that those persons are subject to contractual confidentiality obligations.

6.5  We review our information collection, storage and processing practices from time to time to guard against unauthorised access, processing or use.

6.6 Although our website is SSL/TLS secure, please note, however, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site or App; any transmission is at your own risk.

7 Data transfer

7.1 The data that we collect from you may be transferred to, and stored at, a destination outside Hong Kong. It may also be processed by persons referred to in Clause 3 above who operate outside Hong Kong SAR.

7.2 By submitting your personal data you agree to this transfer, storing or processing of data outside Hong Kong. We will take all steps reasonably necessary to ensure that your data is treated securely in accordance with this privacy policy.

8 Your rights

8.1  You have the right to:

(a) check whether we hold personal data about you;

(b) access or remove any personal data we hold about you;

(c) require us to correct any inaccuracy or error in any personal data we hold about you; and

(d) request to receive a copy of your data that is processed on our Site and/or App.

8.2  Any request under Clause 8.1 may be subject to a small administrative fee to meet our cost in processing your request. Please contact support@pons.ai.

9 Changes to our privacy policy

9.1 The Platform reserves the right to modify this policy at any time by posting the updated policy on our Site. If we make changes to this policy, we will post the revised policy on the Site and update the “Last Updated” date at the top of this policy. If you disagree with the revised policy, you may terminate this agreement with immediate effect. If you do not terminate your agreement within fourteen (14) calendar days from the date the revised policy become effective, your continued access to or use of the Site or App will constitute acceptance of the revised policy.

10 Contact us

10. If you have any questions, comments or requests regarding your personal data, please contact support@pons.ai.