Contact Card Terms

1. What services are covered by these Contact Card Terms?

These terms ("Contact Card Terms") apply to your use of the contact card feature made available in the Platform that enables you to add details about your actual or prospective customers (in either case, a "customer"), such as name, surname, email address, phone number, date of birth, and any other information associated with that customer ("Customer Data") into customer contact cards in your Business Account (the "Contact Card Feature").

2. Your obligations when using the Contact Card Feature

When using the Contact Card Feature, including uploading Customer Data to the Contact Card Feature, you represent and warrant that:

you have all necessary rights and permissions to upload and use Customer Data in compliance with all applicable laws, regulations and industry guidelines, and to share Customer Data with TikTok for the purposes of providing the Contact Card Feature;
if you are providing Customer Data on behalf of another entity, you have the authority as agent to such entity to disclose and use the Customer Data on their behalf and will bind such entity to these Contact Card Terms. You also represent and warrant that, as agent to such entity, you have confirmed that the entity has all the necessary rights and permissions and lawful basis to disclose and use the Customer Data in compliance with all applicable laws, regulations and industry guidelines, as noted above;
your and our use of Customer Data that you upload to the Contact Feature is not in breach of any third party rights;
Customer Data does not relate to data about any Data Subject who has exercised an option, directly or indirectly, to opt out of having that data disclosed or used, as such disclosure or use is contemplated under these Contact Card Terms. The requirements of this provision also applies if you are providing Customer Data on behalf of another entity and the Data Subject has exercised their opt out rights, directly or indirectly, with that entity;
your processing of Customer Data as Controller shall at all times be in compliance with Applicable Data Protection Laws, which includes, without limitation, ensuring compliance with Data Subject rights, such as their right to be informed and their rights to deletion, access, accuracy, portability, objection and restriction of their Personal Data, to the extent each are applicable under the Applicable Data Protection Laws;
where you no longer have permission to use Customer Data, including where your customer requests deletion, or objects to the processing of their Customer Data, you shall be responsible for immediately removing that customer's Customer Data from the Contact Card Feature; and
your use of Customer Data for the purposes of communicating with your customers, including the sending of communications to customers, is in compliance with Applicable Data Protection Laws.

Unless we have your permission, are required to do so by law or receive the Customer Data independently of providing our Contact Card Feature to you, TikTok will not use the Customer Data except to provide services to you, and will not give access to or information about the Customer Data to third parties (other than service providers acting only on TikTok’s behalf for providing the services to you).

3. Restriction, suspension and termination

We may restrict, suspend or terminate your access to the Contact Card Feature or your Business Account at any time if we consider you, at our sole discretion, to have breached these Contact Card Terms, the Business Terms or Terms of Service.

We may modify, suspend or discontinue the Contact Card Feature at any time upon reasonable notice to you.

4. General

For the purposes of these Contact Card Terms, the following defined terms apply: “Applicable Data Protection Laws” means:if you reside in the European Economic Area or Switzerland or are otherwise subject to their laws, the EU Regulation 2016/679 (as updated, amended or suspended from time to time) (the "GDPR");If you reside in the United Kingdom or are otherwise subject to its laws, the GDPR as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 (as updated, amended or superseded from time to time) together with the Data Protection Act 2018; andAll other applicable laws related to data protection, eprivacy, privacy, or direct marketing.The terms "Controller", "Data Subject" "Personal Data", "Processor" and "processing" shall have the meanings given to them under Applicable Data Protection Laws. Where no such terms are used in an Applicable Data Protection Law, such terms shall be interpreted as being replaced in these Contact Card Terms by, if applicable, the substantially equivalent terms used in such Applicable Data Protection Law."TikTok", "we" or "us" means the TikTok company that you are contracting with (either TikTok Technology Limited, TikTok Information Technologies UK Limited, TikTok Inc. or TikTok Pte. Ltd.) as determined by the Terms of Service.
All capitalised terms used but not defined in these Contact Card Terms shall have the meaning set out in TikTok’s Terms of Service that are applicable to you based on where you reside (in each case, the “Terms of Service”) or, if you reside in the European Economic Area, Switzerland or the UK, the Business Terms of Service (the "Business Terms").
These Contact Card Terms form part of the Business Terms and, where the Business Terms do not apply to you, these Contact Card Terms form part of the Terms of Service.
To the extent any specific provision of these Contact Card Terms conflicts or is inconsistent with any terms in the Terms of Service or the Business Terms (in either case, as applicable) regarding your use of the Contact Card Feature, the specific provisions of these Contact Card Terms will prevail.

5. European-Specific Terms

This clause applies only to the extent the Applicable Data Protection Laws of the EEA, Switzerland or the United Kingdom apply.

Where Customer Data contains Personal Data that you process subject to Applicable Data Protection Laws ("Processed Data"), you are the Controller and TikTok processes this data on your behalf and as your Processor.

TikTok, acting as your Processor, shall:

process Processed Data only on your documented instructions, which shall be to process the Processed Data for the purpose of providing the Contact Card Feature (in which respect the subject-matter, duration, nature, and purpose of processing, as well as the categories of Data Subject, type of personal data and obligations and rights of the Controller are as set out in these Contact Card Terms).
implement appropriate technical and organisational measures to protect against unauthorised or unlawful processing of such Processed Data and against accidental loss or destruction of, or damage to, such Processed Data, having regard to the state of technological development, the nature, scope and context of the processing and the cost of implementing any measures;
ensure that any personnel we engage and authorise to process such Processed Data have committed themselves to confidentiality or are under an appropriate statutory or common law obligation of confidentiality;
assist you insofar as reasonably necessary (taking into account the nature of the processing and the information we have available), and at your cost and written request, in responding to any request from a Data Subject and in ensuring your compliance with your obligations under Applicable Data Protection Laws with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
notify you without undue delay on becoming aware of a personal data breach involving such Processed Data;
at your written direction, delete or return such Processed Data and copies thereof to you on termination of these Contact Card Terms, the Business Terms (for users that reside in the European Economic Area, Switzerland or the UK) and/or the Terms of Service unless we are required by applicable law to continue to process that Processed Data; and
maintain records to demonstrate our compliance with these provisions relating to processing the Processed Data on your behalf and allow for you or your designated auditor to carry out reasonable audits at your cost, for this purpose only and of such records only, on reasonable prior written notice of not less than thirty (30) days. Any such audit shall be at your sole expense.

You hereby provide your prior, general authorisation for us to:

appoint processors to process the Customer Data, provided that we shall: (A) ensure that the terms on which we appoint such processors comply with Applicable Data Protection Laws, and are consistent with the obligations imposed on us in connection with processing the Customer Data on your behalf; and (B) remain responsible for the acts and omission of any such processor as if they were our acts and omissions; and
transfer such Customer Data outside of the UK or EEA to other processors as required to facilitate the provision of the Contact Card Feature, provided that we shall ensure that all such transfers are effected in accordance with Applicable Data Protection Laws. You acknowledge that TikTok shall transfer Personal Data to processors pursuant to Processor to Processor Standard Contractual Clauses, but reserve the right to use alternative transfer means recognised by Applicable Data Protection Laws in the EEA, UK or Switzerland (such as an adequacy decision). In order to facilitate an efficient and coordinated service, all communication with subprocessors in connection with the Processor to Processor Standard Contractual Clauses will, to the extent possible, be co-ordinated and directed through TikTok Technology Limited and/or TikTok Information Technologies UK Limited (as applicable).