In the course of and for the performance of our “Cluster” service (the “Service”), Cluster, Inc. (the “Company”, “we”, “our” or, “us”) processes various kinds of information about our consumers who use the Service (“consumer”, “you”, or “your”). We recognize the importance of data protection for our consumers and establish this Privacy Policy for the Service (this “Policy”) to provide you with our data protection policy and your rights concerning your personal information. Please read this Policy carefully to understand our views and practices regarding your personal information and our processing of your personal information.
1. Information We Collect
We collect information that identifies, relates to, describes, references, and is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, we will collect, and have collected in the last twelve (12) months, the following categories of Personal Information from our consumers:
| Category | Examples |
|---|---|
| A. Identifiers. | Real name, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name or other similar identifiers. |
| B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | Name, address and credit card number, or other financial information. |
| C. Commercial information | Records of services purchased. |
| D. Internet or other electronic network activity information. | Information on your interaction with an application or advertisement. |
| E. Audio, electronic, visual, or similar information | Voice records and profile pictures. |
We obtain your Personal Information listed above directly or indirectly from you in our relationship with you, including, without limitation, when you: (i) make your personal account for the Service; (ii) link your social media account with your personal account for the Service; (iii) access or use the Service; and (iv) communicate with us for inquiries about the Service.
2. Use of Personal Information
We may use the Personal Information for one or more of the following business purposes indicated below:
- to provide the Service and enable consumers’ efficient use of the Service;
- to process details regarding consumers’ use of the Service;
- to process and administer consumers’ personal accounts and registrations for the Service;
- to provide various services of corresponding with consumers (including notifying consumers of changes to the Service);
- to process details of Personal Information that consumers voluntarily provide on the Service;
- to perform, monitor and enforce contracts concluded between consumers and the Company;
- to conduct research and analysis, and develop our services;
- to provide notification of information related to the Service and our other products; and
- to serve advertisements to consumers on our applications based on the use of the Service and/or on third-party sites and applications.
We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated or incompatible purposes without providing you notice thereof.
3. Disclosure of Personal Information
We may disclose your Personal Information to a third party for business purposes or commercial purposes. When we disclose Personal Information to service providers or contractors for business purposes or commercial purposes, we enter into a contract that describes such purposes and requires the service providers or contractors to keep such Personal Information confidential and to not use the same for any purpose except for performing the contract.
4. Sale or Sharing of Personal Information
We may sell or share your Personal Information to a third party for business or commercial purposes. As explained further below, you have the right to opt-out of the sale or sharing of your Personal Information at any time by submitting a verifiable request to us. We do not knowingly sell or share Personal Information about consumers under the age of 16.
Under the California Privacy Laws (as defined below), “sale” is defined broadly and includes the transfer of Personal Information by a business to a third party for valuable consideration (even if there is no exchange of money), and “share” is defined broadly and includes the communication of Personal Information by a business to a third party for cross-context behavioral advertising.
In the preceding twelve (12) months, we have sold the following categories of Personal Information to the following categories of third parties:
5. Children and Parents
As used in this Section, the term “child” or “children” means those under the age of 13, and the term “parent” includes legal guardians.
Our Services are intended for a general audience and are not targeted at children. We do not knowingly collect, use or share any Personal Information about children without verifiable parental consent or as permitted by law. If you are a parent and you believe your child has provided us with Personal Information, please contact us and request that your child’s information be deleted from our system. If we learn that we have inadvertently collected Personal Information from children, we will deactivate the relevant account(s) and take reasonable measures to promptly delete such Personal Information from our records.
6. Your Rights and Choices under Applicable Law
Depending on your jurisdiction, you may have several rights in relation to our processing of your Personal Information in accordance with applicable law, which may include, the right to request access to, correct or delete your Personal Information. They may also include the ability to opt-out of receiving notifications, promotions, offers or other advertising from us.
If you are a California resident, the California Consumer Privacy Act of 2018 and the California Privacy Rights Act of 2020 (collectively the “California Privacy Laws”) provide specific rights regarding Personal Information to consumers who are residents of California. The following parts of this Section describe your rights and explain how to exercise those rights under the California Privacy Laws.
(1) Right to Access Specific Information
You have the right to request that we disclose certain information to you about our collection, sharing, disclosure or use of your Personal Information over the past twelve (12) months from the time of your request. Once we receive and confirm your verifiable consumer request, we will disclose to you any or all of the following information:
- The categories of the Personal Information we have collected about you;
- The categories of the sources of the Personal Information we have collected about you;
- Our business or commercial purpose for collecting or selling such Personal Information;
- The categories of third parties to whom we sell or share such Personal Information;
- The categories of Personal Information sold by each third party who sold Personal Information;
- The categories of Personal Information disclosed for business or commercial purposes; and
- The specific pieces of Personal Information we have collected about you.
(2) Right to Request Deletion
You have the right to request that we delete any of your Personal Information that we have collected from you and retained, subject to certain exceptions. Upon receiving and confirming your verifiable consumer request, we will delete (and direct our service providers or contractors to delete) your Personal Information from our records, unless an exception applies.
We may deny your request for deletion if retaining the information is necessary for us or our service providers or contractors to:
- Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Debug products to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the rights of other consumers to exercise their free speech rights, or exercise other rights provided for by law;
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
- 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 deletion of the information may likely render impossible or seriously impair the achievement of the research, if you previously provided informed consent;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with legal obligations; or
- Engage in other internal and lawful uses that are compatible with the context in which you provided the Personal Information.
(3) Right to Request Correction of Inaccurate Personal Information
You have the right to request that we correct any of your inaccurate Personal Information that we have collected from you and retained, subject to certain exceptions. Upon receiving and confirming your verifiable request, we will correct (and direct our service providers or contractors to correct) your inaccurate Personal Information from our records, unless an exception applies.
We may deny your request for correction if retaining the information is necessary for us or our service providers or contractors to:
- Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
- Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for such activities;
- Debug products to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the rights of other consumers to exercise their free speech rights, or exercise other rights provided for by law;
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
- 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 deletion of the information may likely render impossible or seriously impair the achievement of the research, if you previously provided informed consent;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with legal obligations; or
- Engage in other internal and lawful uses that are compatible with the context in which you provided the Personal Information.
(4) Opt-Out Rights
You have the right to opt-out of the sale and sharing of your Personal Information that we have collected from you and retained.
To exercise your opt-out right under the California Privacy Laws, please visit our webpage.
(5) Non-Discrimination
We will not discriminate against California residents for exercising any of their rights under the California Privacy Laws. Moreover, unless permitted by the California Privacy Laws, we will not:
- Deny you goods or services;
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Provide you with a different level or quality of goods or services; or
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
(6) Exercising Rights under the California Privacy Laws
To exercise your rights under the California Privacy Laws to access, delete or correct your Personal Information as described above, please submit a verifiable consumer request to us by contacting us in the manner set forth in Section 10 (Contact Us).
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify that you are the person whose Personal Information we have collected or an authorized representative thereof (e.g. the account name, email address, etc.); and
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond thereto.
7．Retention Period
We retain your Personal Information for as long as needed in light of the purposes described in this Policy. The criteria used to determine our retention period include, without limitation: (i) the duration of our ongoing relationship with you; (ii) whether there is any legal obligation to which we are subject; and (iii) whether there is a need to perform a contract to which you are a party.
8．Review
We will review and improve the contents of the above items regarding the handling of your Personal Information as appropriate. When changes are made to this Policy, an update notice will be posted on the website and will be effective as of the date posted.
9．Use of YouTube API Service
We use YouTube API service for the comment integration function with YouTube Live. The YouTube API service is provided in accordance with Google's Privacy Policy and YouTube's Terms of Use. You are deemed to have agreed to the following terms of use by using the Service.
Please see below for YouTube's Terms of Use, YouTube API Service Terms of Use, and Google Privacy Policy.
Google Privacy Policy（https://policies.google.com/privacy?hl=en）
YouTube（https://www.youtube.com/t/terms）
YouTube API Service(https://developers.google.com/youtube/terms/api-services-terms-of-service)
10．Contact Us
If you have any questions or comments about this Policy or the ways in which we collect and use your Personal Information, or you wish to exercise your rights under the California Privacy Laws, please do not hesitate to contact us at:
- [e-mail address]： info@cluster.mu
Privacy Policy Last Updated and Effective: June 29th, 2023