Privacy Policy

All contents on the website located at www. mitalk.com (the “Site”) is a copyrighted work belonging to Xiaomi Corporation (“Xiaomi”, “we” or “us”). Xiaomi provides you with MiTalk instant messenger (“MiTalk”), an application for instant communication and other services through mobile devices. In accordance with the law, we will collect, use, store and disclose your personally identifiable information under certain circumstances. The provisions below describe the way we do so.

  • 1. Collection of Personally identifiable information
    • 1.1 Personally identifiable information
      We collect, use, store and disclose personally identifiable information in order to create accounts, identify users, reply inquiries and emails, and serve you in other ways. The Site and MiTalk seek to serve you ever better by providing you with communication management and service, sending you news, surveys and such promotional information as discount and sale.
    • 1.2 Collect to serve
      You do not need to register a user account to browse the Site. If you wish to use more features of the Site, however, you must register and provide personally identifiable information at the registration webpage. You must represent and warrant:
      • 1.2.1 During registration, you will need to input your real name and mobile phone number.
      • 1.2.2 With your consent, MiTalk will analyze your handset address book to help you find friends using MiTalk. Through intensive and irreversible encrypted algorithm (converting the numbers collected into non-decodable data strings), MiTalk encrypts the information in your address book and match friends based on such encrypted information.
    • 1.3 Provided by users
      • 1.3.1 If you need to use more MiTalk features to access more services or more efficiently contact your friends, e.g. sharing MiTalk content on other websites.  You will need to complete your personal profile, including such personally identifiable information as your email address, gender, location, employer and schools.
      • 1.3.2 MiTalk will keep, with commercially reasonable efforts, the information you provide in confidence. With your consent, MiTalk will provide you with such services as news, information and version updates.
    • 1.4 MiTalk is a tool for users to send messages and other content. If you send messages and other content to another user, MiTalk servers will store such messages/content, and send such messages/content to that user. 
    • 1.5 Other ways for you to provide information
      We will collect your personally identifiable information in other ways, such as emails, downloads, purchase of products or services, user support, feedback and surveys. If you write your personally identifiable information into other open platforms, other users may learn about it.
    • 1.6 Other information of yours
      To make it easy for you to use the Site and MiTalk, our servers will collect information about your handsets, such as type, device ID, IP, time and location of visits, routing data sets, message sender and receipt data (not the message itself), and other records. We will use cookies and URL-like navigation data to collect the time and date of your visits, as well as information about your searches and views.
  • 2. Use of personally identifiable information
    • 2.1 Your personally identifiable information will not be used for other purposes unless it is not mentioned in this Privacy Policy or the update of this Privacy Policy fails to be communicated to you.
    • 2.2 Anonymous aggregate statistics that do not personally identify a MiTalk user will be kept and used by us for various purposes including analysis and reporting of usage patterns. MiTalk reserves the right to use and disclose anonymous aggregate statistics for any purpose and to any third party in its sole discretion.  
  • 3. Disclosure of Personally identifiable information
    • 3.1 Except for the limited disclosure contained in this Privacy Policy, we will properly store your personally identifiable information and will not disclose customer list.
    • 3.2 You hereby authorize us to disclose your personally identifiable information to any third party under the following circumstances without obtaining your further consents:
      • 3.2.1 Our disclosure of such information is necessary for identifying, contacting or litigating against any acts that may damage our rights or property, user or any other persons (including the rights and property of any other persons);
      • 3.2.2 Our disclosure of such information is necessary for legal investigation;
      • 3.2.3 Our disclosure of such information is necessary for the compliance of legal requirements, subpoena served to us or orders rendered by other enforcement authorities.
  • 4. Security
    • Xiaomi is dedicated to protect your personal information. However we cannot and do not guarantee the security of any information transmitted over the internet or any other network. It is also your responsibility to maintain the confidentiality of your login information and be fully responsible for all activities that occur under your account. Please notify us immediately of any suspected unauthorized use or breach of security.
  • 5. Third-party websites
    • 5.1 When you hit the other websites linked to the Site, you have left the Site for such other websites, which may collect your personally identifiable information or confidential data. We are unable to control, inspect or respond to such websites and their content.
    • 5.2 This Privacy Policy is inapplicable to the collection of data by external websites after you hit their links to us.
  • 6. Privacy for Minors
  • We recommend that minors ask their parents/guardians for permission before sending any information over the internet.
  • 7. Use of cookies
  • Cookies are the small amount of information the Site sends to your computer and handset when you browse it. To serve you in a more individual and interactive manner, we use dialogue cookies (which expire when you close your web browser) and persistent cookies (which stay on your computer unless you delete them).  
  • 8. Revision of this Privacy Policy
    • 8.1 This Privacy Policy may be revised from time to time. If we materially change the way we use your personally identifiable information, we will notify you through the email address you provide or through our announcements on the Site.
    • 8.2 Our emails containing the notice of such revisions undoubtedly constitute an effective part of the revision notification mentioned above. If you do not want us to change the way we use your personally identifiable information, you must notify us before the date you wish to stop using your account with us. Your continued use of the Site and MiTalk will be considered as your knowledge about the revision and agreement to be bound by the revised privacy policy as notified.
Terms of Use

All contents on the website located at www. mitalk.com (the “Site”) are copyrighted works belonging to Xiaomi Corporation (“Xiaomi”, “we” or “us”). Xiaomi provides you with MiTalk instant messenger (“MiTalk”), an application for instant communication and other services through mobile devices. These Terms of Use are the exclusive and complete agreement of MiTalk users and Xiaomi with respect to all matters about the site and MiTalk, supersede and integrate the prior discussions and agreements between the parties. The Terms of Use will bind your use of the Site and MiTalk. You hereby represent that you have the right and capacity to enter into these Terms of Use. Your use of the Site and MiTalk will be considered as your acceptance of these Terms of Use. Please carefully read all provisions in these Terms of Use, including the provisions exempting or restricting our liabilities and those restricting your rights (minors shall review the Terms of Use in the company of their guardians). If you do not accept any and all provisions in these Terms of Use, please do not use the Site and MiTalk.

  • 1. Use
    • 1.1 Recommending friends
      After you install MiTalk, you have the option to find your friends already using MiTalk by analyzing the address book on your mobile device. During the process, MiTalk encrypts your phone number and check whether the encrypted phone number of yours match those of your friends already using MiTalk as listed in your address book. If they match, the numbers may belong to friends you know. Other users can also find, and later contact, you by matching their address books with your number.
    • 1.2 Account:
      You do not need to register a user account to browse the Site. If you wish to use more features of the Site, however, you need to register and provide personally identifiable information at the registration webpage. You must represent and warrant:
      • 1.2.1 The registration information you submit is all true and accurate;
      • 1.2.2 Your use of the Site and MiTalk is legal.
    • 1.3 You may stop using your account at any time in accordance with the instructions on the Site. The Site will retain or terminate your account pursuant to Section 5 below. You must keep your log-in information in strict confidence and prevent it from being obtained by other people. You must also be responsible for all your activities through your account with us. In case of any act which may violate the law, fail to be duly authorized or be suspected or challenged of undue authorization, you must notify the Site and MiTalk at the earliest possible time. The Site and MiTalk shall not be held liable for your losses due to your failure to meet the requirements above.
  • 2. End User Agreement
    • 2.1 License
      Pursuant to these Terms of Use, the Site and MiTalk hereby grants you a non-transferrable and non-exclusive license:
      • 2.1.1 to use the Site;
      • 2.1.2 to download, install and use MiTalk on your mobile device.
    • 2.2 Restrictions
      Your license under these Terms of Use are under the following restrictions:
      • 2.2.1 You shall not license, sell, lease, transfer, distribute or otherwise use for commercial purposes any content of the Site and MiTalk;
      • 2.2.2 Unless such restrictions are prohibited under the law or written permission documents authorized by MiTalk, you shall not modify, translate, alter, combine, use, split or reverse engineer any part or any derivative product of the Site and MiTalk;
      • 2.2.3 You shall not visit the Site or use MiTalk in order to create same or competitive services;
      • 2.2.4 Unless otherwise explicitly provided under the law or written documents authorized by MiTalk, you shall not duplicate, distribute, reproduce, download, display or post in any way any part of the Site or MiTalk;
      • 2.2.5 You shall not delete or destroy any copyright announcement or other mark of right included in the Site or MiTalk.
    • 2.3 Ownership of Rights
      • 2.3.1 XiaoMi grants you a license to download and use MiTalk;
      • 2.3.2 XiaoMi(and its authorizer,if any) owns all rights of, titles to, and interest in the Site and MiTalk, including the intellectual property rights, but not your user content.
    • 2.4 Cost
      You must be responsible for your internet access cost and other costs for telecommunication and communication charged by third parties such as telecommunication carriers. If your use of the Site involves value-added telecommunication service, we recommend you to check these costs with the provider of such service.
    • 2.5 These Terms of Use shall also apply to any new version, update and other change of the Site and MiTalk.
  • 3. User Content
    • 3.1 User Content
      • 3.1.1 User content means all content (e.g. your personally identifiable information, pictures, music and so on) generated when a user downloads, distributes or otherwise uses the Site and MiTalk.
      • 3.1.2 As the only person responsible for your user content, you shall be responsible for the risks that you or any third party is identified after your user content is disclosed.
      • 3.1.3 You have agreed to subject your user content to Section 4.
    • 3.2 License

Your use of your user content on the Site and MiTalk is deemed as granting us an irrevocable, non-exclusive, royalty-free and fully paid-up global license (which you hereby warrant you have the power and capacity to grant) to: 

      • 3.2.1 reproduce, distribute, publicly display, perform, produce derivative works of, incorporate into other works or otherwise use your user content (excluding your personally identifiable information) for the purpose of providing you with services related to the Site and MiTalk and improving the Site and MiTalk, with a sub-license granted to us with respect to the matters above;
      • 3.2.2 Reproduce and distribute the personally identifiable information in your user content for the purpose of provision for the target receiver.
      • 3.2.3 You hereby accept and agree irrevocable disposal the claim the rights of moral and attribution.
    • 3.3 Feedback
      • 3.3.1 By making any recommendation to us (“Feedback”), you automatically transfer to us all rights to such Feedback and authorize us to use in any reasonable way such Feedback and relevant information. We will deem such Feedback to be non-confidential and non-proprietary;
      • 3.3.2 You have agreed not to transfer to us any information you deem to be confidential or proprietary.
    • 3.4 We reserve the right, but not obligation, to examine any user content in our sole discretion. With or without notice, we shall have the right to delete or move your user content at any time. Subject to Section 5, we shall have right to retain or terminate your account.
  • 4. Restriction to Your Rights
    • 4.1 While using the Site and MiTalk, you shall be responsible for any and all legal liabilities and risk caused by any following acts below:
      • 4.1.1 violating the applicable laws and regulations;
      • 4.1.2 compromising integrity, public order and social customs;
      • 4.1.6 promoting hatred, violence, terrorism, obscenity or crime;
      • 4.1.8 insulting, slandering or otherwise damaging the legitimate interest of others;
      • 4.1.9 otherwise behaving in an illegal or improper manner.
    • 4.2 You have agreed not to do the following through the Site or MiTalk:
      • 4.2.1 uploading or distributing computer virus, worms, malicious code or software which damages or alters computer systems or data;
      • 4.2.2 collecting other users’ information or data, e.g. email address, without their authorization;
      • 4.2.3 blocking the Site’s internet connection, excessively burdening the Site or disrupting or damaging the Site’s servers or internet link in any other manner;
      • 4.2.4 attempting to visit the Site, MiTalk, servers or the Site’s internet link without authorization;
      • 4.2.5 disturbing or obstructing other users’ use of the Site or MiTalk.
  • 5. Revision and Termination
    • 5.1 Revision
      • 5.1.1 These Terms of Use may be revised from time to time. In case of any material revision, we will notify you through email or announcement on the Site. Your continued use of the Site and MiTalk will be considered as your knowledge about the revision and agreement to be bound by the revised Terms of Use as notified.
      • 5.1.2 We reserve the right to change, retain or close the Site, MiTalk or any other service of ours at any time without notifying you.
      • 5.1.3 You have agreed that we do not need to be liable to you or any third party for changing, retaining or closing the Site, MiTalk or any other service of ours.
    • 5.2 Termination
      • 5.2.1 These Terms of Use shall start to apply to you when you accept them and shall continue to do so in the entire course of your use of the Site and MiTalk until they are terminated.
      • 5.2.2       Notwithstanding the forgoing, if you used the Site or MiTalk prior to the date you accepted this Agreement (as described in the preamble), you hereby acknowledge and agree that this Agreement commences on the date you first use the Site or MiTalk (whichever is earlier and which may be prior to the Agreement Version Date) and will remain in full force and effect while you use the Site or MiTalk, unless earlier terminated in accordance with this Agreement.
      • 5.2.3 We may (a) suspend your rights to use the Site, MiTalk, and/or your MiTalk Account or (b) terminate this Agreement, at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement.
      • 5.2.4 Notwithstanding Section 5.2.3, we reserve the right to terminate these Terms of Use as applicable to you once we receive from the copyright holder or his legitimate agent a notice on your possible infringement of a third party’s copyright.
      • 5.2.5 Once these Terms of Use no longer apply to you, you will lose your account with us and your right to use the Site and MiTalk. Please be aware that once you lose your account with us, your user content will be deleted from our database. We shall not be held liable for terminating these Terms of Use as applicable to you, including causing you to lose your user content and deleting your user content.
  • 6. Third Party
    • 6.1 You have been aware and agreed that our service is enabled through third-party technologies, such as iPhone, Nokia, Android and Symbian. You have understood that these Terms of Use are agreed between you and us, rather than these third parties. We are the only party responsible for content, maintenance, support, warranties and the consequential litigations in connection with the Site and MiTalk. You have agreed to follow and authorized us to apply the restrictions to your use of the Site and MiTalk. 6.2 Third-party Website and Advertisements
      • 6.2.1 The Site contains links to third party website and third-party advertisements. We do not control, and shall not be held liable for, third-party websites and advertisements.
      • 6.2.2 We only provide such websites and advertisements to facilitate your use or to the warranties for the necessities of the third party.
      • 6.2.3 You are solely liable for the legal risks for the third-party websites and advertisements which you use.
      • 6.2.4 When you visit third-party websites or advertisements, the terms and policy of such third party will apply to you.
    • 6.3 Other Users
      • 6.3.1 The Site and MiTalk contain but do not control, and shall not be held liable for, the user content of other users. The Site and MiTalk are not obligated to check, monitor, approve, confirm or warrant the appropriateness of user content. You are the sole responsible for the legal risks arising from your use of user content and your interaction with other users.
      • 6.3.2 Your interaction with other users is only between you and such other users. The Site and MiTalk shall not be held liable for such interaction. You have hereby exempted us from any consequence of such interaction.
  • 7. Damages
    • 7.1 You have agreed to harmlessly use the Site and MiTalk and hold us harmless of any challenge, litigation, loss, damage, liability, cost and expense (including attorney fees) versus any third party due to any following acts of yours:
      • 7.1.1 Your use of the Site and MiTalk;
      • 7.1.2 Your user content;
      • 7.1.3 Your violation of these Terms of Use.
    • 7.2 We reserve our right to defense and damages.
    • 7.3 You have agreed that without our written consent, you will not unilaterally settle the litigation you jointly bring with us against a third party.
    • 7.4 We will make reasonable efforts to update you with respect to such litigation or procedures.
    • 7.5 In any event, neither the Site nor MiTalk shall be held liable for any indirect, consequential, punitive, incidental, special or injunctive damages against you or any third party due to these Terms of Use. You have accepted the risk for your computer system or mobile device to be destroyed due to your visit to, or use of, the Site and MiTalk.
  • 8. Disclaimer
    • 8.1 In addition to, but not in lieu of, any provisions elsewhere in these Terms of Use, the Site and MiTalk shall not be held liable in event of any of the following circumstances:
      • 8.1.1 your personally identifiable information is provided pursuant to the requirements under law or by relevant authorities;
      • 8.1.2 your personally identifiable information is leaked due to your improper use;
      • 8.1.3 you fail to be served when our service is down or blocked due to hacker attack, computer virus, illegal content, harassing information, government regulation, information security measures and other outage of network and telecommunication facilities;
      • 8.1.4 the users are harmed because of the infrastructure outage, technical problems, system unreliability and other failures of carriers and other third parties; 
      • 8.1.5 others distribute threatening, slandering, offensive or illegal content in an open or disguised form;
      • 8.1.6 any physical, mental or financial loss results from deception or misleading in the course of your interactions with other users through the Site or MiTalk;
      • 8.1.7 the Site and MiTalk do not explicitly or implicitly warrant about the timeliness, security and accuracy of the service of the Site, MiTalk and our partners in any manner.
  • 9. Privacy Policy
  • Please refer to our Privacy Policy, which is a part of these Terms of Use.
  • 10. Notice
  • 10.1 You need to provide us with an effective email address you often use recently. We shall not be held liable if the email address you provide is unusable or fails to enable us to deliver our notice to you for any other reason.
  • 10.2 Our announcement through the Site and our emails containing the notice undoubtedly constitute a part of an effective notice.
  • 11. Governing Law
    • 11.1 These Terms of Use shall be governed by the law of the People’s Republic of China.
    • 11.2 In event of disputes, the two parties shall seek to resolve the disputes through amicable negotiations, and bring the disputes to the court at the principal business place of Xiaomi if the disputes fail to be resolved through negotiation.
  • 12. Severability
    •  If certain provisions of these Terms of Use are deemed unenforceable, the other provisions shall continue to be enforceable, and the unenforceable provisions will be deemed modified to be enforceable.
  • 13. Entirety
    • 13.1 These Terms of Use (including the Privacy Policy) are the final, entire and exclusive agreement between you and the Site and MiTalk about the matters related to the Site and MiTalk, and shall supersede and integrate any and all prior discussions and agreements between the parties (including the earlier End User License, Terms of Service and Privacy Policy).
    • 13.2 The headings of each provision are only for convenience and shall not be interpreted to prescribe any legal or contractual obligations.
    • 13.3 Without our written consent, you shall not transfer to anyone your rights and obligations under these Terms of Use. Any attempted transfer in violation of the provisions above shall be invalid.
  • 14. Contact Us
    • Address: 12/F, Block A, Juanshi Tiandi Building, A-50-1, Wangjing West Road, Chaoyang District, Beijing
    • Postal Code: 100102
    • Tel: 01082525002
    • Fax: 01082525002
    • Email: xiaomi@xiaomi.com
March 11, 2011