Our Privacy and GDPR Policy

LYK Inc.

Last Updated: July 20, 2019

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LYK Inc. (“LYK,” “we,” “us,” or “our”) respects the privacy of our Users (“User,” or “you”). This Privacy Policy (the “Policy”) explains how we collect, use, disclose, and safeguard your information when you visit our website www.lykapp.com (the “Website”) or install and use our application (the “App”) on your personal device. PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE SITE.

You should check this Policy frequently for any changes. We reserve the right to modify or amend the terms of our Policy from time to time and you will be notified of such changes by notifications on our Website, and/or App, or by sending you emails informing you of such changes, or by any other reasonable means. Your continued use of our Website and/or our App, or Services following the posting of changes to these terms will mean you accept those changes. If we intend to apply the modifications or amendments to this Policy pertaining to personal information already in our possession, we will provide you with notice of the modifications or amendments 15 days prior to such modifications or amendments taking effect.

The capitalized terms have the same meaning as ascribed in the Terms of Service, unless otherwise noted here.

BY ACCESSING OUR WEBSITE, APP, AND/OR BY USING OUR SERVCES, YOU ARE AGREEING TO AND ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OUR WEBSITE, APP, AND/OR SERVICES.

1. What kinds of information do we collect?

LYK collects different kinds of information from the Users.

We collect the content and other information you provide when you use our Services, including when you sign up for an Account, create or share, and message or communicate with others using the Account. This can include information in or about the content you provide, such as the location of a photo or the date a file was created. We also collect information about how you use our Services, such as the types of content you view or engage with or the frequency and duration of your activities.

We also collect information that other people provide when they use our Services, including information about you, such as when they share a photo of you, send a message to you, or upload, sync or import your contact information.

We upload your synced contacts to LYK's servers in order to help you in suggesting meaningful connections on LYK Network.

We collect information about the people and groups you are connected to and how you interact with them, such as the people you communicate with the most using our Website or the groups you sign up for and frequently access.

The LYK Website can be accessed using a computer or could also be downloaded as an App in your mobile device. We collect information from or about the computer, mobile devices, or other devices when you access or install our Services using such an electronic device. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices.

We also receive information about you and your activities on and off LYK from our third-party partners, such as information from a partner when we jointly offer services or from an advertiser about your experiences or interactions with them.

2. How do we use your information?

We use the information that we collect about you or that you provide to us, including any personal information for the purpose of providing, improving, developing and promoting our Services. We use this information to present our Website and/or App and its contents to you. We also use this information:

• To provide you with information, products or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Website and/or App or any services we offer or provide though it.
• To send promotional messages/emails where the provided user's name might be included.
• To allow you to participate in interactive features on our Website and/or App.
• To improve customer experience.
• To send you marketing communications, communicate with you about our Services.
• To administer contests, promotions, or a survey or other site feature.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

When we have your location information, we use it to tailor our Services for you and others, like helping you to check-in and find local events.

3. How is your information shared?

Users use the LYK Website and the Services to connect and share with others. We make this possible by sharing your information in the following ways:

• When you share and communicate using our Services, you choose the audience who can see what you share. For example, before communicating on LYK, choosing “All” defines a communication as public post; choosing few connections makes that same communication a group chat; and choosing a specific connection makes the communication a private chat.

• Public information is any information you share with a public audience, as well as information in your public profile, or content you share on another public forum. Public information is available to anyone on or off our Services and can be seen or accessed through online search engines, APIs, and offline media, such as on TV. 

• When you share or post your content on the Website, you have the option to choose your own audience. Any content shared by you that is not public is restricted to the audience selected by you.

4. How your information may be disclosed?

We may disclose personal information that we collect, or you provide as described in this Policy:

• To our subsidiaries and affiliates.
• To contractors, service providers and other third parties, such as our payment processing partners, we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of LYK’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by LYK about our Website and/or App users is among the assets transferred.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms of use, and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of LYK, our customers or others.

5. LYK Promotions

Data Collected through LYK Promotions

• LYK promotions are voluntary, giving you the option to participate or not.
• By participating in LYK promotions you voluntarily provide us with personal information that is required for each promotion. When you provide us with this information you are agreeing that LYK has full disclosure of your information in return for LYK wallet points so long as your information is validated.

How We Use This Information

• LYK promotions partner with advertisers to help grow their business. LYK doesn’t sell your information and we never will. LYK imposes strict restrictions on how advertisers can use and disclose the data we provide.
• This information is stored within LYK and shared with the advertiser of the promotion. We provide advertisers with reports of users who participate in their promotions on LYK. With these reports, advertisers will market their products to you directly or indirectly.
• By participating in LYK Promotion, you hereby give us your consent to process your personal data in accordance with our terms of use & privacy policy, including using it to send you promotional SMS and Email and to show interest-based ads

6. Our Cookie Policy

Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this policy, we refer to all of these technologies as “cookies.” 

We use cookies to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

7. How Users can access and correct their information.

User can review and change their personal information by logging into the Website and/or App and visiting their Account page. Even when User deleted their Account from our Website, copies of User content may remain viewable in cached and archived pages or might have been copied or stored by other Website or App Users. Proper access and use of information provided on the Website or the App, including content, is governed by our Terms of Service.

8. Your California Privacy Rights

LYK does not sell, trade, or otherwise transfer to outside third parties your personal information. California Civil Code Section § 1798.83 permits users of our Site and/or App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to feedback@lykapp.com or write us at 913 N Market Street, Suite 200, Wilmington, DE 19801.

9. Children under the Age of 13

Our Website, our App, and/or our Services is not intended for persons under 18 years of age. No one under age 18 may provide any information to our Website, our App, and/or our Services. Specifically, we do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on our Website and/ or App or on or through any of its features/register on the Website, download our App, establish an Account, use our Services, and/or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at feedback@lykapp.com .

10. Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website and/or App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website and/or App. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website and/or App.

11. Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by e-mail to the e-mail address specified in your account and/or through a notice on the Website home page and comparable place on the App. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website and/or App and this privacy policy to check for any changes.

12. Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Email: feedback@lykapp.com 

Address: 913 N Market Street, Suite 200, Wilmington, DE 19801.

PLEASE NOTE:  IF YOU USE OUR WEBSITE, APP AND/OR OUR SERVICES, YOU HAVE AGREED TO AND ACCEPTED THE PRACTICES DESCRIBED IN THIS POLICY AND THE TERMS AND CONDITIONS SET FORTH IN OUR TERMS OF SERVICE. ON LYK YOU CAN ALWAYS CONTROL THE PERSONAL DATA YOU SHARE WITH US AT ANY MOMENT, IF YOU DO NOT AGREE WITH THE TERMS OF THIS POLICY OR THE TERMS OF SERVICE, PLEASE DO NOT USE OUR WEBSITE OR OUR SERVICES, OR ESTABLISH AN ACCOUNT OR IF YOU HAVE ESTABLISHED AN ACCOUNT YOU CAN ALSO DELETE YOUR ACCOUNT.

LYK GDPR Policy

The General Data Protection Regulation (GDPR), which applies starting May 25, 2018, creates consistent data protection rules across Europe. It applies to companies who are based in the EU and global companies who process personal data about individuals in the EU. At LYK, our Privacy Policy will always govern the way we handle our user’s data and we will ensure that our Privacy Policy complies with the GDPR.

1. Key GDPR Considerations

Under GDPR, there are a number of grounds to legitimize the processing of personal data. Below, we've outlined the most relevant legal bases for LYK’s handling of User data under the GDPR.

2. Contractual Necessity

Data processed must be necessary for the Service and defined in the contract with the individual per the LYK’s terms of use or end-user license.

3. Consent

LYK may also handle User data through a freely given, specific, informed and unambiguous consent by clear affirmative action. Users have a right to withdraw consent. The person giving the consent must be over the age of consent specified in that Member State, otherwise given by or authorized by a parent/guardian. Explicit consent is required for some processing (e.g., special categories of personal data)

4. Legitimate Interests

We may also handle process your data if LYK (or one of the third party’s that work with LYK) has legitimate interests which are not overridden by individuals’ rights or interests. We will cease processing if objection is raised by a User.

5. LYK as Data Controller vs. Data Processor

A party is a data controller when it decides the “purposes” and “means” of any processing of personal data. Similar to what's already in place for data protection law today, data controllers will have to adopt compliance measures to cover how data is collected, what it is being used for, how long it is being retained for and ensure people have a right to access the data held about them. When we act as a data controller, we will have a legal basis to process and share the data with our data processors and we will communicate our compliance measures to those processors.

A party is a data processor when it processes personal data on behalf of a data controller. Certain obligations now apply directly to data processors, and controllers must bind them to certain contractual commitments to ensure data is processed safely and legally. If we are acting as a data processor, our third party partners that are acting as the data controller must have their own legal bases to process and share the data with us and must communicate their desired compliance measures.