Spyke Privacy Policy

The Spyke platform is made available by Spyke Social Private Limited ("our", "us", "we", "Company"), having its registered office at– S0-41, Baboy Commerce Centre, Margao, Goa, 403601. We recognise that your privacy is very important and take it seriously. To provide you with access to our platform, we need to collect various data and information from you. This Privacy Policy (“Policy”) details how this data and information is collected, retained, shared, stored, and processed by us. This policy incorporates and includes our Terms of Service. Words and phrases not defined in this policy shall have the same meaning as provided in the Terms of Use.

By using this platform, you agree to the terms and conditions of this Privacy Policy (“Policy”) and any updates to it. If you do not agree with any part of this policy, please stop using our platform immediately.

1. Information we collect

We collect the data you provide only to ensure that we can provide you access to our platform in the best manner possible.

1.1. Data you input.

We collect the information that you actively enter into the platform:

1. Spyke Account data: We collect the data you provide us when you create or update your Spyke Account. This includes your phone number, phonebook, and any information provided therein by you. We may require you to share further data at a later date to confirm the veracity of your information or under any additional features added to the platform.
2. Feedback and other data: We collect and record: (i) any emails you write to us; (ii) the calls you make to our call centers and/or customer service personnel; and (iii) feedback or comments you provide to us on the Platform, including any crash reports and log reports generated by you.

1.2. Data collected from your use.

We collect the following data generated while you use the Platform:

1. Platform usage data: We collect data on your interaction with our platform, i.e. platform access dates and times, features or pages viewed, crashes and other system activity like posts, comments, likes, shares, tags, and type of browser used to access the platform, and third- party sites or services used before or in the course of interacting with our platform.
2. Device data: We may collect data about the devices used to access our platform, including the hardware models, device IP address, operating systems and versions, software, preferred languages, unique device identifiers, serial numbers, browser type, mobile app, file names and types, and plugins.
3. Cookies, log files, web beacons and tracking pixels: We also collect information through the use of “cookies”, “log files”, “web beacons” and “tracking pixels”, and similar technologies to understand how you navigate through the platform to learn your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the Platform. Log files track actions that occur on our platform and collect data including your IP address, browser type, internet service provider, referring and exit pages, and the date and time stamps. Web beacons, tags and pixels are electronic files used to record information about how you browse the platform.

1.3. Information received from third parties.

We may also be working closely with third parties (including, for example, business partners, technical sub-contractors, and analytics providers such as Google Analytics) and may receive information about you from such sources. If you link your account with social media platforms, we may receive information about you from such platforms. Such data may be shared internally and combined with data collected under Sections 1.1 and 1.2 above. Please note that we do not control what these third parties do with your personal data. Their activities are not covered under this Policy. Their respective privacy policies would cover them. It is such third-parties’ responsibility to ensure that your consent was duly taken by them for sharing your personal data or information. We are not liable for their acts or omissions, in any manner whatsoever.

2. Use of collected data

The data we collect from you will be used for the following purposes:

2.1. For enabling the Platform.

We use the data collected to operate, personalize, maintain and improve our platform. This includes using the data to

1. Create and update your Spyke Account. Upon signing on to the platform you are free to choose any name that you desire. We use your phone number and/or other data you share to verify your account.
2. Perform internal operations necessary to provide you and improve our platform, including troubleshooting software bugs and operational problems;
3. Conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends.

2.2. For enabling customer support and communication

We use the information to provide customer support and train our customer service executives. We may further add features that allow you to call us (through the platform or otherwise), similarly, we may also need to contact you through the platform.

2.3. For marketing and outreach

We use the data we collect to market our platform. This includes sharing your feedback, ratings and screen names for purely promotional and marketing purposes. Such promotion and marketing may be done via hoardings, banners, pamphlets etc.

2.4. For fraud detection and preventing misuse

We use the data we collect to detect fraudulent usage of the platform and/or misuse of any of the features of the platform.

2.5. For legal compliance and requirements

We use the data we collect to address claims or disputes relating to the use of our platform, or as otherwise allowed by applicable law, or as requested by regulators, government entities, and official inquiries.

3. Sharing of data

We do not share any personal data about you with any third parties unless necessary. We may enter into agreements or arrangements to enable the use of our platform. We have detailed how we share the collected data below:

3.1. Service Providers.

We work with third-party service providers to execute various functionalities of the platform, and we may share your information with such service providers to help us provide you with our services on the platform.

3.1.1 You may allow access to your phone contact list which will only be used to enhance your experience on the Spyke app. The contact list information will help the platform to provide you with an updated feed from your contacts. Enabling access to your contact list will allow you to see what your contacts on Spyke share and vice-versa.

3.2. Group Companies or Change in Control.

We may share your personal data with any member of our Group. The term "Group" shall mean any entity that is controlled by us, or any entity that is in control of us, or any entity that is under common control with us, whether directly or indirectly. While negotiating or about a change of corporate control such as a restructuring, merger or sale of our assets, we may have to disclose our databases and information we have stored in the course of our operations.

3.3. Law Enforcement.

We may disclose and otherwise use your personal and other information where we or they reasonably believe such disclosure is needed to: a. satisfy any applicable law, regulation, legal process, or governmental request; b. enforce applicable terms of use, including investigation of potential violations thereof; c. detect, prevent, or otherwise address illegal or suspected illegal activities (including payment fraud), security or technical issues; and/or d. protect against harm to our rights, property or safety, our users or the public, as required or permitted by law.

4. Consent

By setting up a Spyke Account, you agree to our processing, storage, usage, and sharing of data provided by you under this Policy. If you do not agree with any of the terms of this policy or the Terms of Use or wish to revoke any consent you have provided to us, please write to us at [email protected]. However, if you revoke any mandatory permissions then we may have to cease providing you with access to the Platform and services therein.

5. Your rights

It is important to us that you remain in control of your data. Please write to us [email protected] if you wish to exercise any of your rights provided below:

5.1. Right to rectification.

If any personal data provided by you is inaccurate, incomplete or outdated, then you shall have the right to provide us with accurate, complete and up to date data and have us rectify such data at our end immediately. We urge you to ensure that you always provide us with accurate and correct information to ensure that your use of our platform is uninterrupted.

5.2. Right to erasure.

You have the right to demand us to erase your data and we will do so without undue delay, provided that the data is no longer required by us and there is no legal requirement to retain the data. Do note that multiple legal bases may exist in parallel and we may still have to retain certain personal data at any time, despite your request to delete it. We may not be able to provide you with our services and access to the platform, once your personal data is deleted.

5.3. Right to confirmation and access.

You can seek confirmation from us as to whether any of your data is being or has been processed. If we are processing such data, then you may ask us for a summary of such processed data. You also have the right to ask us for a summary of our processing activities.

5.4. Right to opt-out.

You may opt-out of receiving promotional and marketing emails from us by writing to us. You may also opt-out of receiving emails and other messages from us by following the unsubscribe instructions in those messages. Please note that opting out of receiving push notifications may impact your use of the platform. However, even if you opt-out of receiving our promotional and marketing emails, we will still send you transactional messages through emails that may be required during your use of the platform.

6. Data retention

We shall retain the information you provide to facilitate smooth and uninterrupted use of the platform and to:

1. Provide, improve and personalize our platform;
2. To contact you about your Spyke account and provide you with customer service;
3. To personalize our marketing communications;
4. To prevent, detect, mitigate, and investigate fraudulent or illegal activities; and
5. To comply with applicable laws, including any data retention and storage requirements that may be provided under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Our endeavor is to immediately act on your request for deletion, and we strive that we do not retain your data for longer than required for the purpose for which the information may be lawfully used. However, there is a possibility that copies of any public content may be retained indefinitely in our systems, including in cached and archived pages of the platform, or if other users have copied or saved that information.

7. Changes to the Policy

We may periodically update this Privacy Policy. Whenever we make any changes to this Privacy Policy we will post the updated Privacy Policy at this link. It is your responsibility to keep checking this page from time to time in order to be aware of any changes made to this Policy. By continuing to access or use the platform and/or our services after those changes become effective, you agree to be bound by the revised Privacy Policy.

8. Cross border data transfer

Your data held by us may be transferred to other countries outside your residential country for any of the purposes described in this policy. You understand and accept that these countries may have differing (and potentially less stringent) laws relating to the degree of confidentiality afforded to the information it holds and that such information can become subject to the laws and disclosure requirements of such countries, including disclosure to governmental bodies, regulatory agencies and private persons, as a result of applicable governmental or regulatory inquiry, court order or another similar process. In addition, several countries have agreements with other countries providing for the exchange of information for law enforcement, tax and other purposes. If we transfer your data to third parties for purposes stated in this Policy, we will use best endeavors to put in place appropriate controls and safeguards to ensure that your data is kept accurate, adequately protected, and processed only for specified and reasonable purposes in a manner that is fair, transparent and has a lawful basis, and is stored for no longer than is necessary.

9. Data security

We use appropriate technical and organizational security measures to ensure the protection of your data. The transfer of personal data between your end device and us is generally carried out in an encrypted form (TLS encryption). You can identify an encrypted connection for example by the lock symbol in the address line of your browser. If you communicate with us by email, access by third parties cannot be ruled out. However, remember that no method of transmission over the internet, or method of electronic storage is entirely secure and reliable, and we cannot guarantee its absolute security.

10. Communications from us

We may from time to time send you Platform-related announcements in your interest, whenever necessary. This includes communications via text messages, push notifications on your computer or mobile device, or by posting notices on the Platform. We will also share with you periodical reminders to comply with the Terms of Use and this Policy, including any updates (wherever applicable).

11. Grievances and redressal

We are committed to promptly addressing any grievances that you might have in connection with our use of any information that you provide to us. Accordingly, you may communicate any grievance that you might have by emailing Mr. Eeshan Keni at [email protected]. Please note that if you contact us to assist you, for your safety and ours, we may need to authenticate your identity before fulfilling your request.