Who we are

Ninety Play Inc., a company registered in 251 Little Falls Drive, Wilmington, New Castle County, Delaware, 19808, United States with company number 320622561 is the controller responsible for your personal data.

Who can use SHAYK?

You must be aged 13 or over to use SHAYK. If you are not aged 13 or over you are not permitted to use SHAYK.

How is my personal information used by SHAYK to provide SHAYK services to me?

SHAYK is an audio app that allows users to talk to other users of the app who have also downloaded the SHAYK app.

Profile information

You control your user profile. These details are available to you at any time by accessing your profile in SHAYK. You can correct and update the information in your profile at any time but you are only able to change your date of birth once within the profile. If you have any issues, you can contact SHAYK’s Customer Support Team at talkto@SHAYK.com

Be careful about posting private and sensitive details about yourself on your profile, in voice messages. Remember that this can be seen by other SHAYK users (for more on this, see “What information can other users access about me?” below). Any photographs or hashtags or that you post on SHAYK may reveal these kinds of special category data such as religious beliefs, your ethnic origin, your political opinions, your health, your sexual orientation and sex life. Where you do include this type of information in your profile, you are explicitly consenting to SHAYK processing your information and making this public to other users. You can change your profile at any time to remove this information.

Phone number verification

For safety and security and to ensure you have the best possible user experience, we require users to verify the mobile phone number that they use to register for a SHAYK account. To do this we send a code to the mobile phone number that is provided and that code must be entered into SHAYK to enable an account to be created. We want to make sure you are not a robot! And we also want to avoid fake SHAYK accounts being created which can be used for malicious activities and cyber crime – they threaten the SHAYK network and spoil things for everyone. We use a third party provider for account verification who will keep your phone number for up to 90 days for fraud identification purposes.

Linked accounts

SHAYK allows you to link your account with your Facebook, Instagram or Twitter account(s). Linking a third-party social account will share some information from that account directly to your SHAYK profile (for example, by allowing other users on SHAYK to find your Instagram page directly from your SHAYK profile).

We will only receive the limited information that Facebook, Instagram or Twitter permits to be transferred to us, as agreed between you and the relevant platform(s).

In order for that information to stop being displayed on your SHAYK profile, you can delete it directly on SHAYK. To stop sharing your account information from Facebook, Instagram or Twitter, you should also update your settings on that account (on Facebook, Instagram or Twitter) and follow the instructions to remove SHAYK’s access permissions.

Moderation

To prevent abuse of the app/site, SHAYK uses a team of moderators, as well as certain automated tools and decisions-making processes, to monitor and review accounts (including information used during registration and information uploaded onto user profiles), talks and messages for content that indicates breaches of our Terms of Service. If an account, post, comment or message meets certain criteria that demonstrate that the Terms of Service are likely to have been breached, the relevant account will automatically be blocked, or other action may be taken in accordance with our Guidelines. All users of accounts that have been blocked will be notified that their account has been blocked and affected users can contact SHAYK to contest the decision.

Please note that if your account is blocked, any account(s) that you have on our other group platforms/applications may also be blocked as part of our anti-spam and anti-fraud procedures.

How else does SHAYK use my data?

When you use SHAYK we automatically collect certain information, including the unique device identifier assigned to your device (“Device ID”) and other information regarding your access to or use of SHAYK. We collect information about your browser type, referring domain (this is information about a third party site that you were on before you clicked through to the SHAYK site) and mobile carrier. We use this information to check that it is you using SHAYK, to see how you are using the SHAYK service so that we can improve our services, to keep track of your preferences and to create a more tailored user experience.

What is the legal basis that allows SHAYK to use my data?

We are only permitted to use your data when we have a lawful basis to do so or there is an exception under which SHAYK is allowed to use your data. The table below provides an overview of the legal bases that SHAYK relies on to use your data, unless you are in Mexico or the US in which case the “Legal basis” column does not apply to you.

Purpose for which data is used

Data

Legal basis

To provide you with the SHAYK app and the SHAYK services

Name, date of birth, gender, photo, mobile phone number

Contract performance with the data subject/conclusion of contract with data subject

To allow you to engage in conversations with other users of the SHAYK app and to allow users to listen to those conversations (both during the conversation live and at a later time once the conversation has ended)

Your conversations via the SHAYK app, and any information you voluntarily make publicly available to other users during your conversation(s)

Contractual necessity, legitimate interests – it is in our legitimate interest to allow users to use the SHAYK app to engage in conversations, and for other users to listen to those conversations (both live during the conversation and at a later time once the conversation has ended)

To help you communicate with other users and take advantage of the Services

Optional information that you choose to provide in your profile, which may include information about yourself, your work history, or your education, additional photos etc., or otherwise choose to provide, such as via chats and posts

Consent

To restore your access to the SHAYK app and the SHAYK services if your device and phone number are lost

Email address (if you have provided one)

Contractual necessity, legitimate interests – it is in our legitimate interests to restore your access to our products and services

To carry out research and analysis to help us improve the Services

Log and usage data, including IP address, traffic statistics, clickstream data, mobile carrier and search terms

If you are in Chile or Russia, consent. Otherwise, legitimate interests – it is in our legitimate interests to analyse the way in which users are accessing and using our services so that we can further develop and improve the Services

To respond to correspondence and queries that you submit to us

Mobile phone number, account information, email address, IP address and any information you provide in your correspondence and queries

If you are in Chile, consent. Otherwise, legitimate interests – it is in our legitimate interests to respond to your queries to ensure that we provide a good service to users and troubleshoot problems

To block accounts as part of our anti-spam procedures

Email address, phone number, IP address and IP session information, username, user agent string

If you are in Chile, consent.Otherwise, legitimate interests – it is in our legitimate interests to prevent unauthorised behaviour and to maintain the safety and security of our services

To block payment transactions as part of our anti-fraud procedures

Name, IP address, email address, mobile number, cardholder name, payments received, type of payment, user ID, country

Legitimate interests – it is in our legitimate interests to prevent unauthorised behaviour and to maintain the safety and security of our services

How long will SHAYK keep my data?

We keep your personal information only as long as we need it for legitimate business purposes (as set out above) and as permitted by applicable law.

In practice, we delete or anonymise (if permitted by applicable law) your information (other than conversations with other active users) upon deletion of your account, unless:

we must keep it to comply with applicable law;
we must keep it to evidence our compliance with applicable law;
there is an outstanding issue, claim or dispute requiring us to keep the relevant information until it is resolved; or
to the extent permitted by law, the information may be kept for our legitimate business interests, such as fraud prevention and enhancing users’ safety and security. For example, information may need to be kept to prevent a user who was banned for unsafe behaviour or security incidents from opening a new account, or to enable you to re-activate and restore your account during the 30 days after you close your account.

Please note that your conversations with other users via the SHAYK app may not be deleted if you delete your account if these conversations are with other active users of the SHAYK app. In addition, deleted information may persist for up to 30 days in backup copies, after you close your account, to enable restoration.

Where SHAYK uses machine learning, for example, to help us detect and prevent fraudulent card transactions, and to detect and prevent spam communications on the app (as explained above), we may need to keep personal information for a longer period than the retention periods explained above, to enable the machine learning to work properly, and if it is permitted by applicable laws. Where this is the case, we always seek to minimise the amount of personal information that is used and we ensure that it is ring-fenced and kept securely from other user personal information. We regularly review the period for which personal information is required for machine learning purposes and delete any identifiable information when it is no longer required.

What information does SHAYK collect about me if I’m under the minimum age to use SHAYK?

SHAYK does not knowingly collect any information about or market to anyone under the minimum age set out in the “Who can use SHAYK?” section above. If we become aware that somebody who is under the minimum age years old has registered with us and provided us with personal data, we will take steps to terminate that person’s registration and delete their profile information from SHAYK. If we do delete a profile because you violated our age restriction rules, we may retain your mobile number and IP address to ensure that you do not try to get around our rules by creating a new profile.

Who does SHAYK share information with?

We may share aggregated information that includes your personal data (but which doesn’t identify you directly), together with other information including log data with third parties for industry analysis and demographic profiling.

In addition, we share your data with the following categories of third-parties:

Information technology companies (hardware and software) which provide services to support our products
Fraud prevention and anti-spam providers to protect the service from criminal activity
Moderators to monitor activity on the site/apps and approve content
Law enforcement agencies, where we are required to by law, where there is an investigation into alleged criminal behaviour, or to protect the vital interests of a person

We ensure these parties must adhere to strict data protection and confidentiality provisions that are consistent with this Policy. Measures are taken to ensure that the data shared is non-attributable to the greatest extent possible.

In the event that SHAYK or any of its affiliates undergoes a business transition or change of ownership, such as a merger, acquisition by another company, re-organisation, or sale of all or a portion of its assets, or in the event of insolvency or administration, we may be required to disclose your personal data.

Your data may be shared with other SHAYK group companies, for example, to block accounts and suspected fraudulent payment transactions as part of our anti-spam and anti-fraud procedures.

What information can other users access about me?

You can use and enjoy SHAYK without sharing any personal information with other users. Please be careful about what information you do share.

Information you share openly

When you disclose information in a SHAYK, you are sharing information with any other users, and doing so publicly. Your past SHAYKs, replies to other people’s SHAYKs and your post history will appear in your profile. The same applies to other information you share on your profile. Please be careful about posting sensitive information in SHAYKs, talks or on your profile (ex: medical history, political or religious views).

You may choose to include personal information on your profile, including by recording a bio. Other personal information may be derived from any hashtags you add to your profile. However, adding any personal information to your profile is 100% optional. Where you choose to upload and choose to tell us sensitive information about yourself, you are explicitly consenting to our processing of this information and making it public to other users.All or part of your SHAYK profile, the content you create on SHAYK, and other information added through third party accounts (see “Linked accounts” above) may be viewed by both users and non-users of the app via the web. Similarly, your profile may be shared using a direct URL (SHAYK.com/username) or SHAYK’s in-app sharing functionality.

If you are under 18, we may limit adult users from accessing certain information you share openly on SHAYK, but that information will still be visible to users in your age category. If you are an adult user, we may limit users under 18 from accessing certain information you share openly on SHAYK, but that information will still be visible to users in your age category.

Information you share directly to other users

When you disclose information directly to a user (for example, using SHAYK’s messenger function), we do not make it accessible for additional users to see.

However, you should assume that anything you disclose, even in a closed talk or a direct message, isn’t going to stay private forever, and may even be shared by the other user by taking a screenshot or screen recording. If you wish to receive a transcript of your messages with another user, we may only share it with you with that user’s consent.

Please also note that in certain countries, under local law, users have the right to download a copy of their conversation history, and we can’t control how they use it.

Blocked users

When you block another user on SHAYK, we limit the amount of your information that the blocked user’s account can see about you, and the ways they can interact with you, the talks you participate in on SHAYK or the content you publish on SHAYK.

If you are having any issues with a user you have blocked, or you believe that user has breached our Terms of Service, please report them to us from within the app or contact talkto@SHAYK.com.

Following up on reports

If someone reports you for bad behaviour on SHAYK (for example: breaching our Terms of Use), in addition to the actions we may take under our Guidelines, we may provide them with further details on any action taken as a result of their report.

Your rights

UK/EU

Under UK and European law, you have the right to lodge a complaint with data protection regulators. If you are based or the issue you would like to complain about took place in the UK, you can complain to the Information Commissioner’s Office (ICO). You can find out how to raise a concern with the ICO by visiting their website at www.ico.org.uk. If you’re based or the issue you would like to complain about took place within the European Economic Area, you can complain to your local data protection regulator and a list of their contact details can be found here.

You have a number of rights under UK/European data protection law.

Right to be informed: what personal data an organisation is processing and why (we provide this information to you in this notice).
Right of access: you can request a copy of your data.
Right of rectification: if the data held is inaccurate, you have the right to have it corrected.
Right to erasure: you have the right to have your data deleted in certain circumstances.
Right to restrict processing: in limited circumstances, you have the right to request that processing is stopped but the data retained.
Right to data portability: you can request a copy of your data in a machine-readable form that can be transferred to another provider.
Right to object: in certain circumstances (including where data is processed on the basis of legitimate interests or for the purposes of marketing) you may object to that processing.
Rights related to automated decision making including profiling: there are several rights in this area where processing carried out on a solely automated basis results in a decision which has legal or significant effects for the individual. In these circumstances your rights include the right to ensure that there is human intervention in the decision-making process.

If you want to exercise any of your rights listed above please visit Feedback Page or email us at talkto@SHAYK.com.

California

If you are a California resident, please note the following about how we collect, use and disclose your personal information, including additional rights you may have to your personal information:

CA Personal Information. Consistent with the “What is the legal basis that allows SHAYK to use my data” section above, we may collect certain categories of information about California residents, such as:
- Identifiers: name, gender, address, data of birth, photo, mobile phone number, e-mail address, IP address, username, device ID and contact list; if a California resident participates in certain programs or contests we administer, we may also ask them to provide social security number, taxpayer identification number, and government-issued number or identification;
- Commercial Information: PayPal ID, payments received, type of payment, and details of payments;
- Internet or Other Electronic Network Activity: traffic statistics, clickstream data, mobile carrier, and search terms;
- Geolocation Data: physical location of a California resident’s mobile device;
- Audio information: audio streams and recordings;
- Professional or employment-related information: if a California resident submits an application to work for us, we may collect their professional or employment-related information and work history;
- Education information: if a California resident participates in certain programs we administer, we may collect information about their educational institution.
The above categories of personal information correspond with the categories of personal information listed under Cal. Civ. Code § 1798.140(o)(1)(A), (D), (F), (G), (H), (I) and (J).
Sources of CA Personal Information. Consistent with the “How is my personal information used by SHAYK to provide the SHAYK services to me?” section above, we may collect personal information directly from California residents, and automatically when they use SHAYK.
Use of CA Personal Information. We process California residents’ personal information for the purposes outlined in the “What is the legal basis that allows SHAYK to use my data” section above.
CA Personal Information Sold or Disclosed for Business Purposes.
- Sharing Personal Information for Business Purposes: We disclose the following categories of personal information for business purposes: Identifiers, Commercial Information, Internet or Other Electronic Network Activity, Geolocation Data, and other information to information technology, fraud prevention and anti-spam services providers.
- No Sale of Personal Information: We do not sell California residents’ personal information. We do not have actual knowledge that we sell the personal information of minors under 16 years of age.
CA Privacy Rights. If you are a California resident and subject to certain exceptions, you may have the following rights:
- Right to Know and Delete: you may have the right to request that we disclose what personal information we collect, use, disclose and sell about you specifically (“right to know”) and/or to delete the personal information we hold about you. To submit a request to exercise these rights, please submit an email request to talkto@SHAYK.com and include “CCPA Request” in the subject line. To protect your and others’ privacy and security, we will verify your identity before responding to any request, and may ask you to provide us with information matching the identifiers and commercial information already maintained by SHAYK about you or additional proof where necessary. If you are making this request on behalf of someone else, we may request the authorized agent provide us with a copy of a valid power of attorney or evidence of the written authorization. You will not be penalized or discriminated against for exercising your rights to your personal information.
- Right to Opt-Out (“Do Not Sell My Personal Information”). You have the right to opt-out of the sale of your personal information by a business. We do not sell your personal information.
- Shine the Light: California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. If you wish to find out about any rights you may have under California Civil Code section 1798.83, you can write to us at talkto@SHAYK.com.
- “Do Not Track”: Under California law, operators of online services are required to disclose how they respond to “do not track” signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information of a consumer over time and across third party online services, to the extent the operator engages in that collection. At this time, we do not track our users’ personal information over time and across third-party online services. This law also requires operators of online services to disclose whether third parties may collect personal information about their users’ online activities over time and across different online services when the users use the operator’s service. We do not knowingly permit third parties to collect personal information about an individual user’s online activities over time and across different online services when using the app.

How does SHAYK protect my personal data?

SHAYK has implemented security measures intended to protect and prevent the loss, misuse, and alteration of the information under our control, including your personal data. Our technical experts at SHAYK work hard to ensure your secure use of our site.

While we take reasonable precautions against possible security breaches of our website, member database and records, no website or internet transmission is completely secure and we cannot guarantee that unauthorised access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal data safe (including your password) and to log out of your account after use. If you lose your password or give it out, or another service provider that you use suffers a data breach and you have used the same credentials with that service provider as you have with SHAYK, your personal data may be compromised. If that happens, please report it to Support via Feedback Page.

Where is my personal data kept?

We want you to be able to access SHAYK wherever you happen to be in the world. To enable us to provide that service, we operate a global network of servers including in the US and UK. The hardware is located in third-party data centres but is owned by Amazon. If your personal information is transferred from the UK or the European Union to other countries outside the UK or European Union respectively, we ensure that the data is adequately protected by ensuring that valid, legal mechanisms are in place, such as approved model clauses (which can be found here), and implementing robust contractual standards. If you want more information relating to the nature of the safeguards we have in place please email talkto@SHAYK.com.

Does SHAYK collect any other personal data about me?

If you contact our Customer Support team via Feedback Page, we will receive your email address, and may track your IP address as well as the information you send to us to help resolve your query. We will keep records of our communications with you, including any complaints that we receive from you about other users (and from other users about you) for 6 years after deletion of your account.

Does SHAYK use my personal data for any other purpose?

We may use your personal data to resolve disputes, troubleshoot problems and enforce our Terms of Service.

From time to time we may run surveys for research purposes and we may contact you to find out if you would like to take part. Such surveys are optional and more information will be provided at the point of contact. We may also contact you for feedback purposes. If you do not wish to be contacted to take part in a survey, please contact our Customer Support Team at our Feedback Page.

What are ‘cookies’ and what ‘cookies’ does SHAYK use?

We collect information by placing cookies on your computer or mobile. A cookie is a piece of text stored on your computer or mobile by your web browser. They are basically a tool that stores information about website visits, recognises you and your preferences each time you visit SHAYK, and ensures site functionality and enables us to provide the services our members request.

When you visit the publicly available sections of SHAYK, a session ID cookie is placed on your computer that only lasts while you’re visiting. We also place persistent cookies (also known as local storage devices) on your device, so that SHAYK remembers you and makes your login experience faster and easier. We may use persistent tracking cookies on your mobile device, mainly for security protection purposes, such as to prevent phishers, scammers, unauthorised log in attempts, and to help you access your hacked account. We do not use any information whilst you are logged off.

You may set your browser and your mobile settings to block cookies and local storage devices, but if you do so, you may not be able to access the features that SHAYK offers.

SHAYK’s use of cookies and local storage devices basically falls into the following categories:

cookies related to the performance of SHAYK’s site, such as analytics that help us determine how our site is performing and ensuring a smooth and trouble-free experience for our members and visitors;
cookies related to the functionality of SHAYK’s site, such as remembering your preferences at log in or your preferred language or allowing you to chat, add photos and message SHAYK users; and
third party cookies which link to other social networks and which you request via social plugins.

SHAYK uses cookies and local storage devices so that we know who you are, what interests you have and so that you can do the things online that you want to do, like chat with new people and share your content knowing that your data will be secure. Below is a table to explain SHAYK’s cookie functions and why they’re used.

Cookie Functions

Cookie Purposes

Analytics and research

SHAYK uses Google Analytics to collect information about how visitors use the SHAYK site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited. For more information about Google’s privacy policy, please visit http://www.google.com/intl/en/policies/

Authentication

These cookies help us to identify our members so that when you’re logged in, you can enjoy SHAYK’s offerings, experiences and various features, such as uploading photographs or when you’ve asked SHAYK to ‘remember me’. These cookies also help to remember who invited you to join SHAYK.

Security and site integrity

We use cookies and other devices, such as CAPTCHAs, to help keep SHAYK and our members safe and secure. These cookies do things like protect SHAYK users from spam and fraud.We may use persistent cookies, which will help us to ensure we have identified the same device is logging into the correct account. These types of cookies also help with our anti-spam measures and may help us to prevent phishers, scammers, unauthorised log-in attempts to your account and accessing any hacked accounts.

Site features and services

These cookies and local storage devices provide the functionality that our SHAYK users enjoy, such as uploading of photographs, chats and your account settings.In some cases, the site feature you choose may allow a third party to place cookies or local storage devices on your computer. The third party who places cookies on your device is responsible for how they process their data and SHAYK recommends that you read their privacy policies. Third parties who place cookies on your device when you use SHAYK include the following, and we have included a link to their privacy policies: Twitter, https://twitter.com/privacy Facebook, https://en-gb.facebook.com/policy.php YouTube, http://www.google.co.uk/intl/en/policies/privacy/

Performance

We need to use certain cookies and local storage devices to ensure our members have the best possible experience, such as assisting with your navigation of our site, ensuring pages load up quickly and respond faster to your requests for SHAYK services.

Our use of cookies and local share devices, including the specific cookie names, may change over time, but will generally fall into the above categories. We will notify you of any important changes to our use of cookies and local storage devices. If you would like to know more about cookies, including flash cookies/local storage devices, and/or how to disable them, the following websites provide useful information:

Changes to the Privacy Policy

Any changes to this Privacy Policy or to the purposes for processing your data will be communicated to you by means that are reasonable, such as by email or a notification on our app. To the extent permitted by law, changes will be effective from the day after publication, unless we let you know otherwise. To the extent permitted by law, your use of our site/app after the Privacy Policy has been updated means you consent to the changes, where applicable.

This Privacy Policy was last updated on 1 November 2022.