This LYKSTAGEPlatform is in the sole control of LYK APP (India)Private Limited registered under the Companies Act, 2013, and having registered office at B/604, Swiss Palace CHS. Ltd., 6th Floor, Shastri Nagar, Near Swami Samarth Temple, Andheri West, Mumbai -400053, which is a wholly owned subsidiary of LYK Inc, Delaware, USA, registered under the Delaware General Corporation Law, and having its registered office at 913 N. Market Street, Suite 300, Wilmington, DE 19801. (Hereinafter referred to as “Company” which expression shall include its successors and permitted assigns).
The Company recognize the importance of protecting the User’s personal data. The Company values the User’s privacy and appreciate the trust the User holds in the Company and warrants to use the best data security systems available at the Company’s disposal
By visiting and/or using this Platform (defined below), the User agree to abide by and be bound by this Policy. Please note that this policy forms a part of the LYKSTAGE Terms of Service and How we Deal with Data .
DEFINITION & INTERPRETATION
The terms used in this Policy shall be interpreted according to the meaning stated in the terms and conditions. If any of the terms is not defined explicitly there, the meaning mentioned in a dictionary shall be taken into consideration, unless stated explicitly. Please note that the headers and sidebar text are provided only to make these terms easier to read and understand for everyone.
- The Users agree to the following mentioned terms of this Policy:-
- 1. Purpose of data collection:
The Company records and maintain the personal data of the Users for the following reasons:
- - Data maintenance is necessary to test the performance of our service and to enable the Platform to connect with the Users in connection with improvising the quality of our service.
- - Data maintenance is necessary for compliance purposes and any legal obligation the Platform/Company are subject to.
- Any information the Platform collects from the Users who register with Platform shall come under the ambit of this Policy. The Company requestUsers to read this Policy before registering with Platform. If the User is not at least 18 years of age, the same shall seek advice from their parents and/ or guardians, before the Userstarts using the Services.
- 2. The User Consent:
- 2.1 The User may withdraw consent for the data being collected and the processed by the Platform at any time for any reason and choose to opt-out of Services.
- 2.2 The User may be able to review, update, or delete information that the Platform may have about the User. The User may decline to share certain information with Platform, in which case the Platform may not be able to provide to the User some of the features and functionality found on the Services.
- 2.3 If the User consents to the data being collected and processed by the Platform, the User shall be consenting to all the terms and covenants mentioned in this Policy.
- 2.4 On intimation and consent of the User, the Platform shall erase all the User Data that had been provided by the User.
- 3. Data Security:
- 3.1 The Platform have implemented measures designed to secure the User’s personal information from accidental loss and from unauthorized access, the use, alteration, and disclosure. All information the User provides to the Platform is stored on the secured servers behind firewalls. The safety and security of the User’s information also depend on the User.
- 3.2 Where the Platform have given the User (or where the User has chosen) a password for access to certain parts of the Platform, the User shall be responsible for keeping that passwords confidential. The Platform ask the User not to share the User’s password with anyone. Unfortunately, the transmission of information via the internet is not completely secure.
- Although the Platform do the best to protect the User’s personal information, the Platform cannot guarantee the security of the User’s personal information given to the Platform. Any transmission of personal information is at the User’s own risk. The Platform is not responsible for the circumvention of any privacy settings associated with the Platform.
- 4. Security of Children:
- 4.1 If the User is under 13 Years of Age, Then the User may not use the Platform or access the Platform Services at Any Time or in Any Manner without the verifiable consent of a Legal Guardian.
- 4.2 Protecting the privacy of the minor is especially important. For that reason, the Platform does not knowingly collect or maintain personal information from persons under 13 years-of-age.
- 4.3 If The Platform learns that personal information of persons under 13 has been collected on or through the Services, the Platform shall take appropriate steps to delete this information.
- 4.4 For residents of countries and regions where the processing of personal information is based on consent, the Platform shall not knowingly engage in that processing for the Users under the age of consent established by applicable data protection laws. If the Platform learns that the Platform is engaged in that processing with such Users, the Platform shall halt such processing with immediate effect and shall take reasonable measures to promptly remove relevant information from the records.
- 5. Information The Platform Collects:
- 5.1 While the using the Platform, the Platform may ask the User to provide the Platform with certain personally identifiable information that is collected to contact or identify the User (that is, "Personal Information").
- 5.2 The Platform requires the minimal amount of data necessary to provide services to the Users, and the amount or type of data collected depends on the User’s use of the Platform.
- 5.3 If the User chooses to share additional PersonalInformation with the Platform for better customizationof their account and the Services, the Platform shall process that with the same care and respect.
- 5.4 The User represents and warrants that all data provided by them is true and they are in no way impersonating another User or any other third party.
- All such Personal Information shall include without limitation:
- 5.5 For Individual Sign Up and Post Login:
- 1. Phone Number of the User
- 2. Full Name of the User
- 3. Preferred Language
- 4. Password
- 5. Gender Identity of the User
- 6. Date of Birth of the User
- 7. Email Address
- 8. Location
- 9. Profile Picture Link
- 10. Gender
- 11. Unique Apple ID (In case where the User is signing up through an Apple ID)
5.6 For the business/ Organization Sign Up and Post Login:
- 1. Name of the Authorized Personnel registering for the business/Organization
- 2. Corporate Email Address
- 3. The business/Organization Name
- 4. Industry of the Business/Organization
- 5. Preferred Language
- 6. Password
- 7. Industry Type
- 8. Phone Number
- 9. Website
- 10. Location
- 11. Unique Apple ID (In case where the User is signing up through an Apple ID)
- 5.7 When any User Redeems rewards and/or avails the benefits of monetization of their content:
- 1. Bank Account Name
- 2. Bank Account Number
- 3. IFSC Code
- 4. Address of the User
- 5. City
- 6. State
- 7. Pin Code
- 8. National/State ID
- 9. Business ID
- 10. Tax ID
- Not subject to limitation of the above information, the Platform may ask for other data, for hosting the User’s live ticketed event on the Platform. So as to comply with the procedures and the rules from time to time as per our discretion. Such information is necessary for the Platform to comply with our regulatory obligations in running our service.
5.8 When the User accesses our Services through the application, the Platform will automatically collect the following data:
- 1. Browser type.
- 2. IP address.
- 3. Language.
- 4. Operating system.
- 5. Cookies, id, and location of the User’s device.
- 6. The state or country from which the User accessed the Platform.
- 7. The Services the User obtains.
- 8. Length of time spent on pages/videos.
- 9. The date and time of the User’s visit.
- 10. Metadata, logs files, and error logs.
- 11. Other geographic and demographic information.
- 12. Other hardware and software information.
- 13. Which pop-up or push messages the User might have seen and responded to.
- 6. Marketing Information
- 6.1 The Platform may use the User’s registered Email Address and/or your Mobile Number for the purposes of updating the Users regarding any event, development, marketing, promotion or any event associated with the subscriptions of the Users (“Marketing Communications”).
- 6.2 The User can opt out of receiving Marketing Communications from the Platform at any time through the means provided on the Platform itself.
- 6.3 The Platform under any circumstances shall not provide any Marketing Communications or record any marketing information from accounts of minors or disabled individuals.
- 7. Cookies and Similar Files:
- 7.1 Cookies are pieces of data/information regarding our Platform that is stored on the User’s device through which the Platform is accessed.
- 7.2 It stores information including but not limited to the username and password of the User, any preferences set by the User, the kind of advertisement preferred, etc.
- 7.3 The basic objective of Cookies is to improve the experience of the User while using the Services provided on the Platform.
- 7.4 Kinds of cookies:-
- 7.4.1 Essential Cookies:-
Some of the cookies present on the Platform are for essential purposes that includes recording the user details while creating the User Account, cookies that track the usage of the website by the User, details of the services availed so far on the Platform, etc. By default, the User agrees to be accepting these cookies if used the Platform.
- 7.4.2 Advertisement Cookies:-
All the advertising entities availing the Platform as a medium for their advertisement, may enable their cookies on the Platform. It may record the preferences of the Users in terms of watching advertisements and providing relevant advertisements, recording the information of the Users while the User accesses or clicks on the advertisement.
- 7.4.3 Third-Party Cookies:-
The Company shall allow or use certain services of third party entities on the Platform for the purposes including but not limited to creating a user account, providing the users convenient sign in process through third party systems, etc. Such cookies are not in control of the Company. These cookies are directly handled by the respective third-party platforms/entities. The User information stored on such cookies stays with them and not the Company. Hence, the Company shall be held harmless in such a situation where the data of the User is grievously affected due to any third-party cookies.
- 7.4.4 Functionality Cookies:-
It shall collect the information pertaining to the settings set by the User in using the Platform, the location and the time of accessing the services present on the Platform, etc. This shall help the Company in providing relevant kind of services and suggesting the preferred genre of videos to the User next time when the User again visits the Platform.
- 7.4.1 Essential Cookies:-
- 7.5 Permission of the User:-
When a User visits the Platform for the first time, the User shall be given an option to allow the kind of cookies the User deems appropriate to be in force. Essential Cookies being an exception to this clause, the User shall be given an option to change the settings regarding cookies.
- 8. How Information Provided By The User Is used:
The Platform uses the information that the Platform collects about the User or that the User provides to the Platform, including any personal information for the purpose of improvising the experience of the Service. Such information is also used to be able to recommend the Content of the User’s choice available on the Platform. To provide the User with information, or services that the User request from the Platform.
- 9. How Information Provided By The User Is Disclosed:
The Platform may disclose personal information that the Platform collect, or the User provide as described in this Policy not being limited to:
- - To the subsidiaries and affiliates.
- - To contractors, service providers, and other third parties, such as the payment processing partners.
- - To abide by contractual obligations with several stakeholders that needs sharing of Personal Information. In such cases, the other Party shall be under a written obligation to safeguard it and use it specifically for the purpose of the contract entered into.
- - To a buyer or other successor of the Company in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about the Platform Users is among the assets transferred.
- - To comply with any court order, law, or legal process, including responding to any government or regulatory request.
- - In the event an authority empowered by law demands the information of the User, the Company shall only provide them the information that is necessary as the case may be.
- - To the User themselves if they demand the Company for a copy of the information provided by them to the Company.
- 10. Information Security:
- 10.1 The security of the User’s personal information and all the User’s information as above mentioned is important to the Platform. But by the using the Platform the User acknowledges that no method of transmission over the internet, or method of electronic storage is 100% secure. While the Platform strive to the use commercially acceptable means to protect the User’s information, the Platform cannot guarantee absolute security for the User’s data.
- 10.2 The User further acknowledge and affirm that the Platform shall, under no circumstances, be responsible in any manner for any unauthorized disclosures of any and all information shared by the User on or via the application and any/all consequences thereof, including without limitation any loss(es) and/or damage(s) suffered to/due to any information shared by the User.
- 10.3 The Company shall conduct regular Data Protection Impact Assessments to verify and correct any data privacy risks that may arise.
- 11. Information Retention
The Platform shall be able to retain the data the Platform collects for different periods of time depending on what it is, how the Platform use it, and how the User configure the User’s settings:
- a) Some kind of data the User can delete whenever the User like, such as the User’s personal info or the content the User uploads. The User can also delete activity information saved in the User’s account, or choose to have it deleted automatically after a set period of time. The Platform may keep this data in the User’s Account until the User remove it or choose to have it removed.
- b) Other data is deleted or anonymized automatically after a set period of time, such as advertising data in server logs.
- c) The Platform retains some data until the User delete the User Account, such as information about how often the User uses the Services.
- d) Certain data the Platform may retain for longer periods of time when necessary for legitimate or legal purposes, such as security, fraud and abuse prevention, or financial record-keeping.
- e) When the User deletes data, the Platform followa deletion process to make sure that the User’s data is safely and completely removed from the Company’s servers or retained only in anonymized form. The Platform tries to ensure that the Services protect information from accidental or malicious Platform deletion. Due to the same, there may be unwanted delays in the overall deletion process.
- 12. Changes to Policy:
The Platform reserves the right to change, modify, add, or remove portions of this Policy at any time without any obligation of intimating the Users.
The Users shall have the onus of being updated with the changes made in this Policy.
- 13. Account Deletion
In the event of deletion of the User’s Account, the Company shall not be under an obligation to delete all the related data of the User, the Company may retain certain data as per the nature of necessity. On intimation of the User, the Company will delete all the data provided by the User and collected by the Company.
- 14. Confidentiality:
The User specifically agrees that the details related to the account shall be disclosed to the associated third-parties. The sensitive information of the User shall not be disclosed to any anonymous third party without the prior approval of the User or for a Service that is requested by the User or for the above-mentioned clauses.
- 15. Limitation of Liability:
The Platform shall not be liable for any loss(es) in casethe User disclosing the personal information to a third party, The Platform shall not be liable to third parties for the ill-functioning of the Users. The Platform holds no liability in any scenario. The Platform warrants protect the User’s information with commercially acceptable means and thereby the User waive any kind of liability against the Platform.
- 16. International Data Transfer
Information collected by the Platform may be stored and processed in the User’s region, or in any other country where the Platform or its affiliates, subsidiaries, partners, or service providers are located or maintain facilities.
If the Company transfers any information about the User to any such entities, located outside the territory of the country in which the Company is established or located, such data transfers shall take place according to the Applicable Laws governing such transfers. The Company ensures abidance to the same, however, the Company shall not be held liable for any data leak or for any unwanted effect on the data during such transfers.
- 17. Contact Information:
- 18. Privacy Complaint
- 18.2 If that user chooses instead to remove the video, the complaint shall be closed. If the potential privacy violation remains, the Platform shall then review the complaint.
- 18.3 As the complainant, the User’s privacy is respected in this process. At no point will the User’s identity or contact information be released to the violating User. Our communications with the User about this process shall take place through the email address the User register with on the Platform.
- 18.4 The Platform do not accept claims made on behalf of third parties except in the following situations:
- a) The individual whose privacy is being violated does not have access to a device through which the Platform can be accessed.
- b) The claim is being made by the parent or legal guardian of the minor whose privacy has being violated.
- c) The claim is being made by a legal representative for the individual or entity whose privacy is being violated.
- d) The request is filed by a close family member on behalf of a deceased individual.
- 18.5 The Platform will not accept privacy complaints filed on behalf of:
- a) Other family members (such as husband, wife, cousin, brother, sister).
- b) Co-workers or employees (individuals must submit a report themselves).
- 19. Global Privacy Compliance:-
The Platform obliges to abide by all the applicable data privacy laws of the countries in which the Platform is officially launched.
19.1 United States of America(USA):-
Any User using the Platform from USA may request for the following:-
- i. List of data collected of the User.
- ii. To delete any data of the User held by the Platform.
- iii. To update or correct any inaccurate personal data.
The Platform shall have the discretion to accept such requests. The Platform may review the requests in order to determine the authenticity.
The data of the USA based Users may not mandatorily be stored in USA. It shall be stored where the Platform has made a specific provision for the same.
- 19.2 Children’s Online Privacy Protection Act (COPPA)
Regardless of theapplicable laws of the location from which content is uploaded, the Platform requiresthe Userto specify whether the content uploaded would be for kids according to the Children’s Online Privacy Protection Act (COPPA) and/or other applicable laws. Failure to set said content appropriately may result in consequences on the Platform or have legal consequences under COPPA and other laws.
The Platform has provided some guidance on what is considered “made for kids” herein below, but by no means can provide any kind of legal advice. If the User is unsure whether the uploaded content meets this standard, they may seek legal counsel.
If the content features actors, characters, activities, games, songs, stories, or other subject matter that reflect an intent to target children, it’s likely made for kids. According to the US FTC’s guidance on COPPA, a video is child directed (which we call “made for kids”) if:
- i. Children are the primary audience based on the factors described below.
- ii. Children are not the primary audience, but the video is still directed to children based on the factors below. (This is known under COPPA as “mixed audience” content, which is a type of child directed content. General audience content is not the same as mixed audience.)
- When deciding whether or not your channel or video is made for kids, you should consider various factors, including:
- i. Subject matter of the video (e.g. educational content for preschoolers).
- ii. Whether children are your intended audience (e.g. as indicated in your video metadata) or the actual audience for the video.
- iii. Whether the video includes child actors or models.
- iv. Whether the video includes characters, celebrities, or toys that appeal to children, including animated characters or cartoon figures.
- v. Whether the language of the video is intended for children to understand.
- vi. Whether the video includes activities that appeal to children, such as play-acting, simple songs or games, or early education.
- vii. Whether the video includes songs, stories, or poems for children.
- viii. Any other information you may have to help determine your video’s audience, like empirical evidence of the video’s audience.
- ix. Whether the content is advertised to children.
- 19.3 GDPR Policy:
The General Data Protection Regulation (GDPR), which is applicable from May 25, 2018, creates consistent data protection rules across Europe. It applies to companies that are based in the EU and global companies that processes personal data about individuals in the EU. This Policy shall always govern the way the Platform handles the User’s data and the Platform shall ensure that this Policy complies with the GDPR.
- 19.4 the GDPR Policy, the User shall be entitled to:
- 1. Right to be Informed
- 2. Right of Access
- 3. Right to Rectification
- 4. Right to Restrict Processing
- 5. Right to be forgotten
- 6. Right to Data Portability
- 7. Right to Object to Processing
- 8. Rights in relation to automated decision-making and profiling
- 19.1 United States of America(USA):-
- 20. Grievance Redressal :
- Name:Legal Department
- Email ID: firstname.lastname@example.org
- Postal Address: 913 N. Market Street, Suite 300, Wilmington, DE 19801
- 1. Purpose of data collection: