In order for us to (i) provide you with the services and functionalities offered via the Platform, (ii) engage in troubleshooting activities, and (iii) improve upon the Platform’s performance, safety and security, we collect and process some or all of the following types of information about you:
• Personal Information : Information that could be directly associated with you, or used to contact or identify you, without the aid of additional information, including, without limitation, information you provide us when you create an Account such as your name, age, date of birth, gender, address, email address, social media login details, telephone number, photograph, and username/password, as well as certain User Content you upload to, or post on, the Platform, including, without limitation, videos, sound files, and Dubs (“Personal Information”). As stated in our Terms of Service, while we do not actively monitor the interactions between Users of the Platform and are under no obligation to do so, we may in certain cases collect information related to your interactions with other Users of the Platform, including, without limitation, comments you make, and other User Content that you upload to, or post on, the Platform that becomes publicly available to other Users.
• Usage Information : Information that is not Personal Information, but that relates to your usage of the Platform or that is necessary for the proper functioning or improvement of the Platform, including: (i) times and dates and the extent of your usage of the Platform; (ii) time zone, language, screen resolution, and other usage preferences you select when using the Platform; (iii) device keyboard settings; (iv) the User Accounts and/or User Content you view, like, comment, share, follow, message and otherwise interact with, as well as the foregoing that other Users do with respect to your Account and/or User Content; (v) usage history such as areas and pages within the Platform that you access or use and/or which buttons in the Platform you click on; (vi) search terms you type in on the Platform; (vii) the URL or advertisement that may have referred you to the Platform; (viii) the search terms you entered into a search engine or app store that may have led you to the Platform; (viii) the mobile platform or service provider you use, and (ix) other device and Platform access information such as your browser type, operating system, IP address, referring/exit pages, and other unique device identifiers, as well as your push notification token.
• Behavioral Information: Your contact or subscriber information, which we link with your activity on the Platform across all your devices using your email or social media log-in details, as well as engagement scores (“likes”, comments, repeated views), related Users based on your Platform behavior, and opt-ins and communication preferences.
• Location Data : Information about your location when accessing and/or using the Platform, if you chose to opt-in. With your permission, we may collect Global Positioning System (GPS) data and mobile device location information. If you do not wish to share your precise location with us, you can switch off location services via the settings on your mobile device.
• Metadata : When you upload User Content, you automatically upload certain metadata that is connected to the User Content. Metadata describes other data and provides information about your User Content that will not always be evident to the applicable viewer. In connection with your User Content, the metadata can describe how, when and by whom the piece of User Content was collected and how that User Content is formatted. It further includes certain Personal Information, such as your account name, that enables other Users to trace back the User Content to your Account. Metadata will further consist of additional Personal Information that you chose to provide (e.g., any hashtags used to mark keywords to the User Content).
• Messages: We may collect and process (which includes scanning and analyzing) information you provide, including any Personal Information, in the context of composing, sending, or receiving messages (that means the content as well as information about when the message has been sent, received and/or read and the participants of the communication) through our Service's messaging functionality, in order to prevent potential crimes. Please be aware that messages sent to other users of our Service will be accessible by those other users and that we are not responsible for the manner in which those users use or disclose messages.
While certain types of information described above, such as Usage Information and Third Party Information, are generally non-identifying on a standalone basis, we may in certain instances combine this information with other information collected on the Platform, as described above. If we ever combine non-identifying information with Personal Information or other information that enables you to be identified, we will treat such combined information as Personal Information. We do not currently use your Personal Information for automated decision making which produces legal effects concerning you or similarly significantly affects you.
We may implement the use of certain social media plug-ins (e.g., google) to allow you to communicate with such services and interact (e.g., “like” or “comment”) with various Platform Content or User Content uploaded to the Platform. The social media plug-in, if and when implemented, will enable a direct communication between your end user device and the servers of the applicable social media provider, allowing the applicable social media provider to communicate with you and collect information about you browsing our Platform. This processing is based on Article 6, Section 1(f) of the GDPR and represents our legitimate interest to improve your Platform User experience and to optimize those services and functionalities offered via the Platform. If you decide to use a social media plug-in that we implement on the Platform, Transfer of your Personal Information may take place whether you have a registered user account with the applicable social media provider or not. Please note that we are not responsible for the content and the data collection on respective third party websites or apps and that we neither control the extent of Personal Information collected by the respective plug-in provider nor do we know the processing’s purpose or the period your Personal Information will be retained. For further information as to how and for what purpose certain social network providers process your data, please see the relevant privacy policies of the three main social network providers, and their notification when you connect to the social network in question.
We may use the information we collect about/from you to:
• Identify you and potentially improve and/or customize the Platform
• Send you administrative notices or Account notifications
• Send you requested service and other Platform information
• Address inquiries and respond to customer service requests, questions and comments
• Administer your Account and manage your Account profile information
• Send you newsletters and mail (including email)
• Contact you with offers, promotions and other product specials
• Send you SMS messages (subject to certain opt-ins described herein)
• Send you more relevant marketing communications and general Platform information/updates
• Create a more personalized User experience and customize certain content you see on the Platform
• Identify trends, conduct data analysis and determine the effectiveness of our marketing and promotions and other service offerings
• Improve your User experience and increase the efficiency and effectiveness of the Platform service and functionality offerings
• Maintain security
• Enforce our Terms of Service and applicable law
• Analyse Platform usage and other trend data
• Solicit feedback, reviews, and other information regarding your experience with the Platform, including, without limitation, with respect to certain features and functionalities that you would like to see on the Platform, or that we have recently rolled out onto the Platform
• Test new features, service offerings and functionalities on the Platform
• Other purposes that we believe are necessary to protect our rights and the rights of others, or as otherwise described to you at the time of collection
We may also use certain collected information on an aggregated and/or anonymized basis in order to conduct market research, engage in project planning, for troubleshooting purposes, to help detect and protect against error, fraud or other criminal activity.
Information that May be Publicly Accessible As described in more detail in this Section of the Terms of Service, certain Personal Information that you upload to the Platform (such as certain Account profile information), certain User Content (such as a Dub or sound recording clip that you upload to the Platform), and certain Platform usage information (such as User Content you “like”), will automatically, or upon your selection, be made publicly available to other Users on the Platform. You acknowledge and agree that certain Account information (such as your Account profile name, picture, and/or User Content, etc.) that you provide in connection with (i) the registration of your Account and (ii) your general use of the Platform, such as uploading User Content, will be publicly viewable by all Users of the Platform. Do not post to Interactive Areas any information, including, without limitation, personal information, that you do not want to publicly available.
• Information collected by us may be stored and processed in the United States or any other country in which we or our agents maintain facilities. By using the Platform, you expressly consent to any such transfer and storage of information outside of your country of residence, where data protection laws may be different and/or less stringent. However, we will endeavour to take reasonable measures to keep up an adequate level of data protection also when sharing your Personal Information with such countries.
• In the event that we undergo re-organization, are sold to or merged with a third party, or sell all or substantially all of our assets, any Personal Information we hold about you may be transferred to that re-organized entity or third party in compliance with applicable law.
• In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Personal Information is treated, transferred, or used.
• With respect to any Personal Information that may be originally collected and stored in the EEA, if and when we transfer your Personal Information to countries outside the EEA, we will do so under the Commission’s model contracts for the transfer of Personal Information to third countries (i.e., standard contractual clauses) pursuant to 2004/915/EC or 2010/87/EU (as appropriate). For a copy of these Standard Contractual Clauses, please contact us at [email protected]
A more detailed list of the cookies we currently, or in the future may, use and how we use, or may use, them are as follows:
• Security: We secure the Platform with cookies that facilitate security features and allow us to detect activity that might violate our rules and Terms of Service, such as unauthorized access or activity.
• Localization: We use some cookies to help us provide localized experiences, such as displaying the Platform in the local language.
• Platform Features and Services: We use certain cookies to provide greater functionality to the Platform and help us deliver our products and services.
• Performance: We use performance cookies to help us route traffic between servers and understand how the Platform is performing so we can provide users with the best experience possible.
• Analytics and Research: We use certain cookies and other technologies also help us to understand, improve, and research features and content on the Platform.
The Platform may include links to other websites, mobile applications or services (“Third Party Sites”), whose privacy practices may differ from those set forth herein. Such links are not an endorsement by Shayaar of those Third Party Sites and/or the products or services they offer. If you visit Third Party Sites, or submit Information to any of those Third Party Sites, your visit and Information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Third Party Site you visit, as it may differ substantially from that of this privacy statement. Shayaar makes no representations or warranties with respect to, nor is Shayaar responsible for the privacy policies of, any Third Party Sites. If you decide to click on any such links or access any Third Party Sites appearing on the Platform, you do so at your own risk.
In certain circumstances you have the right to access the Personal Information that we hold about you and to correct, update, or request deletion your Personal Information. Prior to the fulfilment of your request concerning your Personal Information, we will ask you to verify your identity before we can act upon your request.
You have the following rights:
• The right to require free of charge (i) confirmation of whether we process your Personal Information and (ii) access to a copy of the Personal Information retained;
• The right to request proper rectification, removal or restriction of your Personal Information;
• Where processing of your Personal Information is either based on your consent or necessary for the performance of a contract with you and processing is carried out by automated means, the right to receive the Personal Information concerning you in a structured, commonly used and machine-readable format or to have your Personal Information transmitted directly to another company, where technically feasible (data portability);
• Where the processing of your Personal Information is based on your consent, the right to withdraw your consent at any time without impact to data processing activities that have taken place before such withdrawal or to any other existing legal justification of the processing activity in question;
• The right not to be subject to any automatic individual decisions which produces legal effects on you or similarly significantly affects you; and
• The right to take legal actions in relation to any breach of your rights regarding the processing of the Personal Information, as well as to lodge complaints before the competent data protection regulators.
As far as we process your Personal Information on the basis of our legitimate interests, you can object to processing at any time. You can find a detailed description of our processing activities and the legal basis in the sections above. If you object to such processing, we ask you to state the grounds of your objection in order for us to examine the processing of your Personal Information and decide whether to adjust the processing accordingly.
Please note that your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites and online service you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com
We follow generally accepted industry standards to protect your information, both during transmission and once we receive it, and to keep such Information confidential (unless it is non-confidential by nature, for example, publicly-available information) and free from any unauthorized alteration. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and the nature of security risks is constantly evolving, as are the technical and organizational industry standards relating to management of those risks. While we strive to keep current our security technology and will review, refine and upgrade our security technology as we deem appropriate based on new tools that may become available in the future, the complete and absolute security of any Information collected, stored or used by us cannot therefore be guaranteed. In the unlikely event that an unauthorized third party compromises our security measures, we will not be responsible for any damages directly or indirectly caused by an unauthorized third party’s ability to view, use or disseminate such information. If you ever discover inaccuracies in our data or if your Personal Information changes, we urge you to notify us immediately.
We do not knowingly collect, use, or disclose Personal Information from (i) children under the age of thirteen (13) or (ii) children between the age of 13 and 18 (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such child’s primary residence) that do not have parental or legal guardian consent to use the Platform. If we ever discover that we have inadvertently collected Personal Information from children under the age of thirteen (13) on or through the Platform, we will delete it from our records as soon as possible. If you believe that we have Personal Information about, or have collected Personal Information from, (i) a child under 13, or (ii) between the age of 13 and 18 (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such child’s primary residence) without parental/legal guardian consent, please see Section 7 of the Terms of Service for available remedies.
We may offer sweepstakes, contests, and other promotions through the Platform (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfilment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.