Privacy Policy

Last Updated: April 25, 2022

Welcome to CapCut (the “Platform”). The Platform is provided and controlled by Bytedance Pte. Ltd. (“we” or “us”).

We are committed to protecting and respecting your privacy. This privacy policy (the “Policy”) sets out the basis on which any information we collect from you, or that you provide to us, will be processed by us, including how we may use, process, share and/or transfer your personal data. Please read this Policy carefully to understand our practices regarding your information and how we will handle it before accessing or using the Platform or the services. By accessing or using the Platform and our related websites, services, applications, products and/or content available on the Platform (collectively, the “Services”), you acknowledge that you have read and understood the practices described in this Policy, and hereby consent to us collecting, using, processing, disclosing or transferring your personal data in accordance with this Policy. If you do not agree with this Policy, you should not access or use the Platform or Services.

We may provide different versions of the Platform, Therefore, some of the features described in this Policy may not be provided in the version of the Platform you are using.

Please note that “Jurisdiction - Specific Supplemental Terms” at the end of this Policy may apply to you depending on the jurisdiction from which you are accessing and using the Platform and/or the Services, which are deemed to be incorporated into this Policy by reference.

For the purposes of this Policy, unless the context otherwise requires, “you” and “your” means you, the user of the Services, and “information” means information which we collect about you or which is provided to us by you, including your personal data.

SUMMARY

What information do we collect about you?

We collect and process information about you when you register for an account, upload content to the Platform (where such features are available), interact with the Services, or in accordance with our request. We may also collect information about you through automated means when you access our Platform or use the Services. These include technical and behavioural information about your use of the Services. We may still collect information about you if you interact with the Platform without creating an account.

How will we use the information about you?

We use your information to provide the Platform and Services to you and to improve, develop and administer the Platform and Services. We use your information to, among other things, ensure your safety. Where appropriate, we will also use your information to serve and measure personalized advertising and promote the Platform.

Who do we share your information with?

We may share your information with third party service providers who help us to deliver the Platform, send notifications to you, or conduct analysis, or with any member of our group to improve the Platform, allow you to access other services provided by such member of our group, or for internal business purposes. Where and when required by law, we will share your information with law enforcement agencies or regulators, and with third parties pursuant to a legally binding court order.

How long do we keep hold of your information?

We retain your information for as long as it is necessary to provide you with the Services and fulfil our contractual obligations and rights in relation to the information involved. Where we do not need your information in order to provide the Services to you, we retain it only as long as we have a legitimate business purpose in keeping such data or where we are subject to a legal obligation to retain the data. We will also retain your information if we believe it is or will be necessary for the establishment, exercise or defence of legal claims.

How will we notify you of any changes to the Policy?

We will use commercially reasonable efforts to generally notify all users of any material changes to this Policy through a notice on the Platform. However, you should look at this Policy regularly to check for any changes. We will also update the “Last Updated” date at the top of this Policy, which reflects the effective date of such changes to this Policy. Your continued access to or use of the Platform or the Services after the date of the updated Policy constitutes your acceptance of the updated Policy and how we may collect, use, process, disclose or transfer your information pursuant to such updated Policy. If you do not accept the updated Policy, you must stop accessing the Platform or using the Services.

  1. The types of information we collect

We collect and use the following information about you:

Information you choose to provide.

Information we collect automatically. We may collect the following information about you:

Information we obtain from other sources. We may receive information about you from other sources, including through third-party services providers or partners. For example, if you access third-party services through the Platform or Services or share information about your experience on the Services with others, we may collect information from these third-party services. If you choose to register to use the Platform using your social media network account details (e.g. Facebook) or account details with other third parties (e.g. Apple), you will provide us or allow your social network or such third parties to provide us with your username, public profile, your liked songs on that social network, etc.

  1. Cookies

“Cookies” are small files which, when placed on your device, enable us to collect certain information, including personal data, from you in order to provide certain features and functionality. We and our service providers and business partners use Cookies to collect data and recognize you and your device(s) on the Platform and elsewhere across your different devices. We do this to measure the traffic and functionality of our website. By accessing or using the Platform and Services, you consent to our use of Cookies. You may be able to refuse or disable Cookies. Please note that if you choose to refuse, disable, or delete Cookies, some of the functionality of the Platform or some of the Services may no longer be available to you. To learn more about cookies please see our Cookies Policy.

  1. How we use your information

We will use the information we collect about you in the following ways:

  1. How we share your information

This section sets out how we may share your information with third parties.

Service Providers

We may share your information with our service providers (whether in or outside your country) in order to provide you with the Platform and Services for the purposes as set out in this Policy, including with:

Our Corporate Group

We may share your information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, or companies that we control, are controlled by or under common control, and our service providers and strategic business partners, in each case in or outside your country, for the purposes set out in this Policy, as permitted by applicable law. We may also share your information to assist in the improvement and optimization of the Platform, or for our internal business purposes.

Third Party Social Network Service Providers

If you choose to register to use the Platform with your other social network account details or other third party platform account details or choose to link your Platform account with other social network accounts, you will provide us or allow your social network service provider to provide us with your username and public profile for that social network account. We will likewise share certain information with the relevant social network such as app ID, access token and the referring URL.  Where you opt to share User Content you created or uploaded on the Platform to other social media platforms, your User Content, username and accompanying text (if any) will be shared on such platforms.

Advertising and analytics partners

We may share information collected through your use of our Platform (such as mobile identifiers and your device’s IP address, and related information about your inferred location and use of the Platform) with our advertising partners. These partners help us deliver relevant advertising across our Platform and on other platforms. This information is typically collected through cookies and similar tracking technologies. We may also share aggregate information about how those ads have performed to help those advertisers measure the effectiveness of their advertising campaigns.

Law Enforcement

We may share your information with law enforcement agencies, public authorities or other organizations if legally required to do so, or if we have a good faith belief that such use is reasonably necessary to:

Sale or merger

We may also disclose your information to third parties:

In this case, we will ensure that the terms of the Policy are observed and will inform you in advance if the transfer implies any change to these terms.

Finally, we may share information with third parties with your consent or at your direction.

Third-party content

The Platform and Services may contain links to content maintained by third parties who we do not control. We are not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by this Policy.

  1. Where we store your information

The information about you that we collect from you may be transferred to, and stored at, a destination inside or outside of your country, for the purposes as described in the Policy. We will take reasonable steps to secure your information and treat it in accordance with this Policy. Where we transfer any personal data out of the country where you live, including for one or more of the purposes as set out in this Policy, we will do so in accordance with the requirements of applicable data protection laws, including by entering into data transfer agreements with the recipient to ensure your personal data is accorded an adequate level of protection.

  1. Your choices and rights

On some versions of the Platform, you can access and edit most of your profile information by signing into your account, and you may also be able to control how you use the Platform by visiting your in-app settings, including to decide whether you see certain types of interest-based advertising on the Platform. You may also be afforded rights in your country under applicable laws such as the ability to access your data, delete your data, and potentially others. If you have any questions on how to use the settings or want to know about any rights with regard to your personal data you may have in the country where you live, please contact us at capcut.support@bytedance.com.

  1. The security of your information

We will take reasonable steps to secure your information and treat it in accordance with the Policy. Although we will do our best to protect your information, we cannot guarantee the security of your information transmitted through the Platform. We have put in place technical and organizational measures that we will amend and update from time to time to improve the overall security of our systems.

  1. Data retention

We retain your information for as long as it is necessary to serve the purpose(s) for which such information was collected, including to provide you with the Platform or the Services. Where we do not need your information in order to provide the Platform or the Services, we retain it only for so long as we have a legitimate business or legal purpose in keeping such information. However, there are occasions where we are likely to keep this information for longer in accordance with our legal obligations or where it is necessary for the establishment, exercise or defence of legal claims.

After you have terminated your use of our Platform or Services, we may store your information in an aggregated and anonymized format. Notwithstanding the foregoing, we may also retain any information as reasonably necessary to comply with our legal obligations, allow us to resolve and litigate disputes, and to enforce our agreements.

  1. Information relating to children

The Platform is not directed at or suitable for use by children under the age of 13 or equivalent minimum age in the relevant jurisdiction (“relevant age”). Users under the relevant age are not allowed to use the Platform. If we become aware that personal information has been collected from a person under the relevant age, we will delete the user’s information in accordance with applicable law. If you believe that we may have information about or collected from a child under the relevant age, please contact us at capcut.support@bytedance.com.

  1. Complaints

In the event that you wish to make a complaint about how we process your personal information, please contact us in the first instance at capcut.support@bytedance.com and we will endeavour to deal with your request as soon as possible. This is without prejudice to your right to launch a claim with the relevant data protection authority or follow the dispute process provided in the Terms of Service.

  1. Changes

We will use commercially reasonable efforts to generally notify all users of any material changes to this Policy, such as through a notice on our Platform. However, you should look at this Policy regularly to check for such changes. We will also update the “Last Updated” date at the top of this Policy, which reflects the effective date of such changes to this Policy. Your continued access to or use of the Platform and/or Services after the date of the updated Policy constitutes your acceptance to the updated Policy. If you do not consent to the updated Policy, you must stop accessing or using the Platform and Services.

Unless otherwise explicitly stated under this Policy, if there is any inconsistency among different language versions, the English version shall prevail.

  1. Contact

Questions, comments and requests regarding this Policy are welcomed and should be addressed to:

CapCut, Bytedance Pte. Ltd.

Email: capcut.support@bytedance.com

Address: 1 Raffles Quay, #26-10, South Tower, Singapore 048583

SUPPLEMENTAL TERMS – JURISDICTION SPECIFIC

In the event of a conflict between the provisions of the Supplemental Terms – Jurisdiction Specific that are relevant to your jurisdiction from which you access or use the Services, and the rest of the Policy, the relevant jurisdiction’s Supplemental Terms – Jurisdiction Specific will supersede and control.

United States

If you are using our Services in the United States, the following additional terms apply:

California Privacy Rights

If you are a California resident, you may request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. Our products do not support Do Not Track requests at this time.

Pursuant to the California Consumer Privacy Act (“CCPA”), California residents ,subject to verification, may request to see what personal information we have collected about them over the past 12 months, including the categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, the categories of third parties with which the information was shared, and the specific pieces of personal information collected about them. If you are a California resident, you may also request that we delete your personal information subject to certain exceptions. Consistent with California law, if you choose to exercise either of these rights, we will not charge you different prices or provide different qualities of services unless those differences are related to your information. Please submit your request via the following method:

capcut.support@bytedance.com

We do not sell personal information to third parties for purposes of the CCPA. We may permit third parties to collect personal information through our Services and share each of the categories of personal information described above with third parties for business purposes. These business purposes are described above and include providing advertising on our products and services and elsewhere based on users’ online activities over time and across different sites, services, and devices (so-called “interest-based advertising”) and website and online service analytics. The information practices of these third parties are not covered by the Policy.

EEA, Switzerland and UK

If you are using the Services in the EEA, Switzerland or the UK (the “European Region”), the following additional terms apply:

International data transfers

If you normally reside in the European Region, the personal data that we collect from you will be further transferred to, and stored at, a destination outside of the European Region (for instance, to our service providers and partners). These transfers are made pursuant to appropriate safeguards, such as standard data protection clauses adopted by the European Commission, If you wish to enquire further about these safeguards, please contact us at capcut.support@bytedance.com.

Your rights

You have the following rights:

Before we can respond to a request to exercise one or more of the rights listed above, you may be required to verify your identity or your account details.

Please send an e-mail to us if you would like to exercise any of your rights capcut.support@bytedance.com.

If you are based in the United Kingdom, our designated GDPR representative is:

Cosmo Technology Private Limited

2 Temple Back East

Temple Quay

Bristol

United Kingdom

BS1 6EG

If you are based in the EEA or Switzerland, our designated GDPR representative is:

Mikros Information Technology Ireland Limited

Mespil Business Centre

Mespil House

Sussex Road

Dublin 4

Ireland

Russia

What are legal grounds for data processing. When we process your personal data, we rely on your consent, performance of a contract, our legitimate interest and obligations to process personal data, when we so required by law.

By signing up and using the Platform, you consent to the processing of personal data in accordance with this Privacy Policy.

Where we store your personal data. Your personal data may be transferred from Russia to Singapore and stored in that location, outside of the country where you live.

Public profiles. We rely on your consent to public distribution of personal data, when your account settings are 'Public Profile'. You can change your profile to private by changing your settings to 'Private Account' in “Manage my account” settings.

Brazil

If you are using our Services in Brazil, the following additional terms apply:

Exercise of data protection rights. Brazilian law provides certain rights to individuals with regard to their personal data. Thus, we seek to ensure transparency and access controls in order to allow users to benefit from the mentioned rights.

We will respond and/or fulfill your requests for the exercise of your rights below, according to the applicable law and when applicable, to the Brazilian General Data Protection Law - LGPD, once it comes into force:

a. confirmation of whether your data are being processed;

b. access to your data;

c. correction of incomplete, inaccurate or outdated data;

d. anonymization, blocking or erasure of data;

e. portability of personal data to a third party;

f. object to the processing of personal data;

g. information of public and private entities with which we shared data;

h. information about the possibility to refuse providing personal data and the respective consequences, when applicable;

i. withdrawal of your consent.

Verifying your identity. For your safety and to allow us to make sure that we do not disclose any of your personal data to unauthorized third parties, in order to verify your identity and guarantee the adequate exercise of your rights, we may request specific information and/or documents from you before we can properly respond to a request received concerning your data. All data and documents received from you in the process of responding to your requests will be used for the strict purposes of analyzing your request, authenticating your identity, and finally responding to your request.

Limitations to your rights. In certain situations, we may have legitimate reasons not to comply with some of your requests. For instance, we may choose not to disclose certain information to you when a disclosure could adversely impact our business whenever there is a risk of violation to our trade secrets or intellectual property rights. In addition, we may refrain from complying with a request for erasure when the maintenance of your data is required for complying with legal or regulatory obligations or when such maintenance is required to protect our rights and interests in case a dispute arises. Whenever this is the case and we are unable to comply with a request you make, we will let you know the reasons why we cannot fulfill your request.

In case of doubt about your privacy, your rights or how to exercise them, please contact us through the form "Contact". If you have any questions about the processing of your personal data, we would like to clarify them.

International Transfer of Data. We share your personal data globally with companies of our business group to carry out the activities specified in this Policy. We may also subcontract the processing of data involved in the Services or share your personal data with third parties located in other countries. Your personal data may therefore be subject to privacy laws other than those applicable in your country.

Whenever we transfer your personal data to third parties located in other countries, we will ensure that these companies comply with applicable data protection laws and we will take all measures that are reasonably necessary to ensure the existence of adequate safeguards to protect your personal data and to ensure that are processed safely.

Parental and Guardian Consent. If required by Brazilian data protection laws, (i) if you are over the age of 16 but under the age of 18, you can only use and register for an account with the assistance of your parent or legal guardian and you declare and represent that you had such assistance to use the Services and to agree to the Policy; (ii) if you are over the age of 13 but under the age of 16, you can only use and register for an account with the representation of your parent or legal guardian, and you must obtain the consent from your parent or legal guardian to the use of the Services and acceptance of this Privacy Policy.

Language. The Policy may have been prepared in the English language and in the Portuguese language. If you are a user located in Brazil, you shall refer to the Portuguese version, which shall prevail.

DPO. If you wish to contact the Data Protection Officer, please contact us: dpobrasil@bytedance.com

South Korea

If you are using our Services in South Korea, the following additional terms apply:

Data retention. We destroy personal data whose purpose of collection as consented to by you have been achieved, or whose periods of and use to which you consented to or which were provided in the Policy have expired; provided, however, we will continue to store your personal data for the following statutorily-prescribed periods, where applicable, including, but not limited to:

Destruction of Personal data. We destroy your personal data in a manner that renders it unrestorable by the relevant department.

Your Rights

Thailand

If you are using our Services in Thailand, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of this Policy, the following terms shall prevail.

Legal Basis. Subject to section entitled "2. How we use your information", we may rely on (1) contractual basis, for our initiation or fulfilment of a contract with you; (2) legal obligation, for the fulfilment of our legal obligations; (3) legitimate interest, for the purpose of our legitimate interests and the legitimate interests of third parties; (4) vital interest, for preventing or suppressing a danger to a person’s life, body, or health; and/or (5) public interest, for the performance of a task carried out in the public interest or for the exercising of official authorities.

If you fail to provide your personal data when requested, we may not be able to provide our Services to you.

Parental and Guardian Consent. Subject to section entitled “9. Information relating to children”, our activities are not generally aimed at minors and we do not knowingly collect Personal Data from customers who are minors (those who have not reach the legal age (20 years of age or by marriage)) without their parental consent when it is required, or from quasi-incompetent persons and incompetent persons without their legal guardian's consent. If we learn that we have unintentionally collected personal data from any minor without parental consent when it is required, or from quasi-incompetent person or incompetent person without their legal guardians' consent, we will delete it immediately or continue to process such Personal Data if we can rely on other legal bases apart from consent. If you are under the age of 20, or if you are a quasi-incompetent persons or incompetent person, you declare that your parent or legal guardian has acknowledged to our Terms of Service and the Policy and you had the consent of your parent or legal guardian to use the Services if required.

Changes. Subject to section entitled "11. Changes", if you do not acknowledge to the updated Policy, you must stop accessing or using the Services.

Your Rights

Where we transfer and/or store your information. The section above entitled “5. Where we store your information” shall we be amended and restated in its entirety by the section quoted immediately below:

Where we transfer and/or store your information

Subject to section entitled “3. How we share your information”, the information that we collect from you may be transferred to Singapore and stored at Singapore, for the purposes as described in the Policy. By submitting your information, you agree to this transfer, storing or processing.

Language. Any local language translation (where applicable) of the Policy exists for reference purposes only, and only the English version shall take precedence. If there is any inconsistency between different versions, the English version shall prevail.

How we share your information. In addition to the existing section entitled “3. How we share your information”, if you agree to push notifications, we may also provide your device information to your operating system.

Indonesia

If you are using our Services in Indonesia, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of this Policy, the following terms shall prevail.

Accepting the Privacy Policy. By clicking checking the box or clicking the button “Accept” or “Agree” or continuing use of the Services and/or the Platform, you acknowledge that you have read and understood the practices described in this Policy, and hereby consent to us collecting, using, processing, disclosing or transferring your personal data in accordance with this Policy. If you do not agree with this Policy, you should not access or use the Platform or Services.

Information Relating to Children. The Platform is not directed at or suitable for use by children under the age of 14. If you access the Services or Platform and you are below 21 years of age, or are not married and are under guardianship, you represent and warrant that you have obtained consent from your parent(s) or legal guardian(s) unless you indicate otherwise. By consenting to this policy, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) all your actions in connection with your access to the Services; (ii) any fees or charges associated with your use of any of the Services (as applicable); (iii) your compliance with this policy; and (iv) ensuring that any of your participation in Services will not, in any event, result in any violation of applicable laws and regulations relating to child protections. If you do not have consent from your parent(s) or legal guardian(s) and your parent(s) or guardian(s) is not willing to open the account under their name, you must cease accessing the Services. You are not allowed to use the Platform or register an account on the Platform. If we become aware that personal data has been collected from a person under 21 years of age, or is not married and is under guardianship without any consent from their parents or legal guardian, we will delete this information and terminate the person’s account. If you believe that we may have personal data about or collected from a child under the age of 21 years old, please contact us at capcut.support@bytedance.com.

Right to Erasure. You have the right to ask us to delete personal data we hold about you by contacting us at capcut.support@bytedance.com:

Data Retention. We retain your information for as long as it is necessary to serve the purpose(s) for which such information was collected, including to provide you with the Platform or the Services. Where we do not need your information in order to provide the Platform or the Services, we retain it only for so long as we have a legitimate business or legal purpose in keeping such information. However, there are occasions where we are likely to keep this data for period of 5 years (or longer, if required) in accordance with our legal obligations or where it is necessary for our legal obligations, for the enforcement of our agreements, the establishment, exercise or defense of legal claims.

Language. This Policy has been prepared in the English language and Indonesian language. In the event of any inconsistency or different interpretation between the English text and Indonesian text, the English text shall prevail and the relevant Indonesian text shall be deemed to be automatically amended to conform with and to make the relevant Indonesian text consistent with the relevant English text. You acknowledge that you have read this Policy and understands its content and that this policy has been agreed freely and without duress. You acknowledge that you fully understand the language and the content of this Policy, and you agree that you will not use the provisions under Law of the Republic of Indonesia No. 24 of 2009 on Flag, Language, State Emblem and National Anthem, Presidential Regulation No. 63 of 2019 on Use of Indonesian Language or any other laws and regulations to invalidate this Policy.