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HomeIntellectual propertyPrivacy Policy

Learn more about Website Privacy Policy in China

A Privacy Policy is a legal document that outlines how an organization collects, uses, stores, and protects personal information. It serves to inform individuals about their rights regarding their data and ensures that the organization complies with relevant laws and regulations, such as China’s Personal Information Protection Law (PIPL). A well-drafted Privacy Policy is essential to build trust with clients, employees, and partners, while safeguarding the organization from potential legal issues. At Themis Partner, we understand the importance of protecting personal data and offer a comprehensive Privacy Policy that is easy to customize for your specific needs. Our Privacy Policy is available for download in Word format, drafted by our legal experts in both English and Mandarin, providing clear guidance for your business’s data protection practices.

Table of contents


What is a Privacy Policy in China?

A Privacy Policy is a crucial legal document that outlines how an organization collects, stores, uses, and shares personal data, ensuring transparency and trust with users. In China, the Personal Information Protection Law (PIPL) mandates that businesses handling personal data must have a Privacy Policy that complies with strict data protection regulations. This policy must clearly explain what data is being collected, the purpose for its collection, how it is protected, and how users can manage their information. The Privacy Policy should also inform users about their rights, such as data access, correction, and deletion. By adhering to the PIPL, businesses not only comply with legal obligations but also foster user trust by demonstrating accountability in data handling practices.

What is included in this Privacy Policy?

Our Privacy Policy contains several key clauses designed to ensure compliance with China’s Personal Information Protection Law (PIPL) and provide clarity on how personal data is processed by:

➤ Organization and Scope: This Privacy Policy covers the company’s responsibilities in China for collecting and processing personal data through the website. It does not apply to third-party sites.
➤ Information Collected: The document details the types of data collected, including personal information (name, email, etc.), demographic data (age, gender), technical data (IP address), and usage data (pages visited, actions taken), collected voluntarily or automatically.
➤ Purpose of Collection: Data is collected to improve services, communicate with users, fulfill orders, personalize content, and ensure legal compliance.
➤ Legal Basis for Processing: Data processing is based on user consent, contractual needs, legal obligations, or legitimate interests like security and analytics.
➤ Consent: Users consent to data collection by using the website, and can withdraw consent anytime. Parental consent is required for users under 21, and consent must be obtained for submitting others’ data.
➤ Data Retention: Personal data is retained as long as needed for legal or business purposes, and securely deleted when no longer needed.
➤ Data Security: The company implements security measures to protect data, including safeguards with third-party providers and response plans for breaches.
➤ Individual Rights: Users have rights to access, correct, delete, or restrict their data processing. Instructions on exercising these rights are provided.
➤ Third-Party Links and Services: The website may link to third-party services with separate privacy policies, and users are advised to review those policies before sharing data.
➤ Updates to the Privacy Policy: The Privacy Policy may be updated periodically, and significant changes will be communicated as required by law.
➤ Contact Information: Users can contact the company with questions or concerns about their personal data using the provided contact details.

Why is a Privacy Policy important in China?

1. Importance of a Privacy Policy in China

CleaA Privacy Policy is a critical tool for compliance with China’s Personal Information Protection Law (PIPL). The law sets strict guidelines on how businesses must collect, process, and store personal data, requiring explicit consent from users. By having a clear Privacy Policy in place, businesses can ensure that they are meeting legal obligations while safeguarding user privacy rights.

2. Building Trust Through Transparency

An effective Privacy Policy not only prevents legal risks, such as fines or reputational damage, but also fosters trust with customers. It provides users with a transparent understanding of how their data will be used and how they can manage or withdraw consent. In today’s digital age, businesses that prioritize data privacy and communicate it clearly through a Privacy Policy are better positioned to build lasting, positive relationships with their customers. For more information, refer to the Personal Information Protection Law of China.

How does China’s Privacy Policy comply with the PIPL?

Our Privacy Policy complies with the Personal Information Protection Law (PIPL) by adhering to the following key principles set forth by the law:

➤ Informed Consent: Users are required to provide explicit consent before their data is collected. This ensures that businesses respect the users’ right to control their personal information.
➤ Transparency: We clearly explain how data is collected, the purposes for which it will be used, and the legal basis for processing it. This transparency helps users understand how their data will be handled.
➤ Data Minimization: We ensure that we only collect the data necessary for the purposes stated in the Privacy Policy, in compliance with PIPL’s principle of data minimization.
➤ Security Measures: PIPL mandates that businesses implement appropriate security measures to protect personal data from unauthorized access, loss, or destruction. We employ industry-standard security practices to safeguard user data.
➤ User Rights: PIPL grants users the right to access, correct, delete, or restrict the processing of their personal data. Our Privacy Policy outlines how users can exercise these rights.
➤ Data Retention: The policy specifies that data will only be retained for as long as necessary for the stated purposes, and securely deleted when no longer required.
➤ Breach Notification: In the event of a data breach, we have established procedures to notify the relevant authorities and affected individuals as required by PIPL.

How does China’s Privacy Policy comply with the PIPL?

➤ It addresses personal data collection by providing clear information about how an organisation collects and handles personal information.
➤ It outlines the types of data collected, such as names, contact details, or browsing information, and specifies the methods of collection, whether through website forms, cookies, or other means.
➤ The document also explains the purposes for which the data is collected, such as processing orders, improving services, or personalising experiences.
➤ It may include details on the legal basis for collecting data, such as consent or legitimate interest, as well as any applicable retention periods for the collected information.
➤ Additionally, it informs individuals about their rights regarding their personal data, including the right to access, rectify, or delete their information.

By addressing personal data collection, organizations provide individuals with transparency and control over their data, fostering trust and compliance with privacy regulations.

How does a Privacy Policy handle cross-border data transfers?

1. Cross-Border Data Transfers Under the PIPL

Under the Personal Information Protection Law (PIPL) in China, businesses must carefully consider the legal implications of transferring personal data outside of China. Our Privacy Policy outlines the conditions under which personal data may be transferred to other countries, ensuring compliance with all relevant regulations. This includes implementing security measures, obtaining explicit user consent, and confirming that the receiving country has an adequate level of data protection.

2. Ensuring Data Protection Compliance

Before transferring data abroad, we ensure that all third-party data processors involved adhere to the same stringent data protection standards mandated by the PIPL. Users are informed of any cross-border data transfers and retain the right to withdraw their consent at any time if they are uncomfortable with the transfer of their personal information. This approach ensures transparency and upholds the privacy rights of individuals under Chinese law.

What personal data does a Privacy Policy in China cover?

A Privacy Policy in China covers a broad range of personal data, including:

➤ Personal Information: This can include basic details such as names, contact information (e.g., email addresses), and phone numbers.
➤ Demographic Data: Information such as age, gender, location, and other characteristics that can help personalize services.
➤ Technical Data: This includes information such as IP addresses, device types, browser information, and other technical details collected automatically during website usage.
➤ Usage Data: Data about how users interact with the website, including pages visited, time spent on the site, and actions taken during their visit.

How does a Privacy Policy protect user data in China?

1. Data Protection and Security Protocols

A Privacy Policy in China outlines key measures to ensure the protection of user data in compliance with the Personal Information Protection Law (PIPL). These measures include the use of advanced security protocols such as encryption technologies, secure storage systems, and regular security audits. By implementing these practices, businesses can minimize vulnerabilities and ensure the integrity and confidentiality of user data. Additionally, third-party service providers that handle user data must also meet stringent data protection standards to maintain consistency in securing personal information.

2. Incident Management and Compliance with PIPL

In the event of a data breach, the Privacy Policy specifies clear procedures for incident management. These procedures include prompt action to address the breach and immediate notification to affected individuals as required by the PIPL. A well-defined response plan ensures that businesses are prepared to handle breaches efficiently and in full compliance with Chinese data protection regulations. This approach helps protect users’ personal information while ensuring that legal requirements are met during the process.

3. Data Retention and Deletion Practices

The Privacy Policy also emphasizes the importance of data retention practices. Personal data will only be stored for as long as necessary to fulfill its intended purpose, and it will be securely deleted when no longer needed. By adhering to these practices, businesses can ensure that user data remains protected throughout its lifecycle. Moreover, retaining only necessary data helps minimize the risks of unauthorized access or misuse. For more details, refer to the Personal Information Protection Law of China.

Do I need a Privacy Policy for my business in China?

1. Privacy Policy Requirements in China

In accordance with China’s Personal Information Protection Law (PIPL), businesses that collect, process, or store personal data must have a comprehensive Privacy Policy. This law applies to both domestic and foreign companies that handle the personal information of Chinese users. The Privacy Policy must clearly explain how personal data is collected, the purposes for which it is used, and the measures in place to safeguard the data.

2. Ensuring Transparency and Compliance

The Privacy Policy must be transparent and easily accessible to users, ensuring that they understand their rights and how their personal information is being handled. Companies should also include provisions related to data access, correction, and deletion rights, as well as any third parties with whom the data may be shared. For more details on PIPL and compliance, refer to the National People’s Congress of China.

What is the role of the Data Protection Officer in a Privacy Policy?

1. Role of the Data Protection Officer (DPO)

The Data Protection Officer (DPO) plays a critical role in ensuring that businesses comply with data protection laws, including the Personal Information Protection Law (PIPL) in China. The DPO is responsible for overseeing the company’s data handling practices, ensuring that privacy and security measures are adhered to, and advising on legal obligations regarding data protection.

2. Privacy Policy and Contact Information

A comprehensive Privacy Policy should include clear contact details for the DPO, allowing users to easily reach out with any concerns or requests regarding their personal data. This transparency ensures that businesses are responsive to data subject rights and maintains compliance with legal requirements related to personal information.

Conclusion: Why does a Privacy Policy matter in China?

A Privacy Policy is an essential document for any business operating in China or handling personal data from Chinese users. It helps ensure compliance with the Personal Information Protection Law (PIPL), protects user privacy, and builds trust. By including key clauses about data collection, purpose, consent, and security, businesses can safeguard both user data and their own interests. Regular updates to the Privacy Policy will ensure that it remains compliant with evolving laws and regulations, allowing businesses to navigate the complexities of data protection with confidence.

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