1. GENERAL

1.1. Shink AI Tech Private Limited (“Shink”, “we”, “our” or “us”) is committed to protecting and preserving the privacy of our current and former users (“User”, “you” or “your”). We value the trust you place in us and recognise your right to confidentiality.

1.2. This Privacy Policy will be effective from [●] 2024 1 and applies to all Users who use Shink’s mobile application (“App”) and are therefore required to read and understand this Privacy Policy, to provide informed consent before submitting any information to us to use the App.

1.3. This Privacy Policy forms an integral part of our Terms of Use and sets out the manner in which we collect, receive, store, use, handle, deal with, share or otherwise process your information.

1.4. Access to the App is subject to your consent to this Privacy Policy. By using the App, you confirm that you are of 18 years of age or above and have the capacity to enter into a legally binding contract and acknowledge that you have read, understood and agreed to the terms of this Privacy Policy and agree to be governed by laws of India, including laws applicable to data protection and privacy. If you do not agree with any provisions of this Privacy Policy, we advise you to not access the App.

2. ELIGIBILITY

2.1. We may collect a variety of information as set out in more detail below, including both personal information which allows you to be identified and non-personal information which does not personally identify you. In addition, we may collect sensitive personal data or information provided by you including password and sexual orientation.

2.2. You agree to provide information which shall be true, correct, up to date and accurate.

2.3. Personal information that you provide to us

• In order to use the App, you need to sign up on the App for which you need to provide us with your name, phone number, gender and date of birth.
• After signing up, you can create your user profile for which you will provide your name, your pictures that you will upload, a description of yourself, age, location and details of your personal interests. In addition, subject to your consent and you enabling location settings on your device, we collect your geolocation data at every login which is necessary for you to see other Users who are nearby.
• In order to verify your profile, we will require you to take a selfie to ensure that the selfie you submit matches with the photos that you have uploaded on your profile. We will scan and store the photos you submit for such verification.
• We process your chat messages with other Users using automated filters to monitor any illegal, offensive or abusive content and to identify topics and sentiments across our Users. We will not share the content of Users’ chat messages with any third parties. In addition, when you connect with our customer care team or you send us personal correspondence on emails, we collect the information you give us during such interactions.
• The payment for Shink Premium Plans will be processed through respective app stores on iOS or Android. For such purchases, billing and payment, you may need to provide your financial information (such as card, wallet, bank account or net banking information) to the respective app stores’ billing systems through secure encrypted platforms, who will directly store and process such information. We do not facilitate any purchases or payments within or through our App. We will not collect, store or process any of your financial information. We shall not be responsible for any actions or omissions of app stores or any breach of conditions, representations and warranties given by them and shall not be obligated to mediate any dispute between you and such app stores.
• The above information is necessary to allow us to operate the App and provide the services on the App and without some of this information, we may not be able to allow you to use the App. You understand that the above information is provided by you to us voluntarily and you are consenting to the processing of your personal information, including your sensitive personal data or information such as your sexual orientation on your profile in accordance with this Privacy Policy.

2.4. Information collected through usage of the App

In order to provide the App and to improve our services, we automatically collect certain information, which may consist of your personal information, when you use the App, including but not limited to:

• Your activities on the App including usage patterns, access times, frequency and duration of use, the features you prefer to use on the App, the actions you take and your interactions with other Users (such as green flags or red flags you have given to other Users and Users you connect and exchange messages with); and
• IP address, network operator and type, and information with respect to your device including its device ID and type, mobile operating system, manufacturer and model of your device and applications settings.

2.5. Information collected from third parties:

• We receive and store certain types of personal information when you interact with third-party websites that use our technology or with whom we have a specific agreement. For instance, you can connect your Shink account to your Instagram and/or Spotify accounts, in which case, you allow us to fetch your personal information that you have shared with Instagram and/or Spotify, including your posts, profile information, music playlists etc. and make such information available as part of your profile on the App. We only receive the limited personal information that Instagram and Spotify permit to be transferred (as set out in the privacy policies of Instagram and Spotify and agreed upon by you at the time of connecting the accounts).
• We may receive personal information about you from our partners where our advertisements are published on their services.

3. USAGE OF YOUR PERSONAL INFORMATION

3.1. Our objective is to foster a positive social experience for our Users by suggesting suitable matches and build better connections with other Users. To this end, we collect, store and process personal information from you to ensure services with respect to the App are provided to you in the most effective manner and to carry out our obligations to you.

3.2. We may collect, use or process your personal information including sensitive personal data or information for the following purposes:

• to enable us to provide the App and its services to you through the use of appropriate technological services and inform you about our services and updates;
• to help you connect with other Users by showing and recommending Users’ profiles to one another to create a positive social experience for our Users and foster better connections;
• to communicate with you, including for marketing and promotional purposes, and to respond to your requests, questions, feedback, claims or disputes;
• to audit usage of the App to analyse User preferences and improve our offerings;
• to research, develop and test new technologies, features and processes designed to enhance and customise experience of Users on the App and improve the functionality and performance of the App;
• to verify User identity, detect and prevent fraud and other illegal or harmful activities on the App, and to ensure User safety, including by preventing Users whose accounts may have previously been suspended or terminated from re- creating User accounts on the App;
• to resolve any request, dispute, or complaint, troubleshoot problems, protect our legal rights, defend legal claims and enforce our Terms of Use;
• to comply with applicable laws, courts orders and government and law enforcement agencies requests (collectively, “Permitted Uses”).

3.3. Our proprietary artificial intelligence programme uses various indications including your personal information provided in your profile, your interactions on the App such as the green flags and red flags you give, your location and sentiment analysis from your chat messages to recommend the most suitable User profiles for you. Such processing is in our legitimate interest of providing our Users with a superior and personalised experience on the App to provide relevant recommendations for them.

3.4. [In addition to such automated processing of your personal information, we may engage certain personnel to review and resolve any instances of User disputes, complaints, grievances, etc. For instance, when the red flags raised by one User are disputed by another User against whom such red flag has been raised, Shink may escalate such instances to its relevant personnel to manually review the flagged content, including chats between the Users, in order to resolve such User disputes.]

4. COOKIES

4.1. A cookie is a small file which asks permission to be placed on your device. Once you agree, the file is added and collects information related to the domain, your device and your settings on the App. Cookies allow us to respond to you as an individual by saving your preferences and tailoring the App to your needs, likes and dislikes by gathering and remembering information about your preferences. Other technologies such as web beacons and software development kits are used for similar purposes as cookies. For the purposes of this Privacy Policy, we refer to all such technologies as (“cookies”).

4.2. We may deploy cookies to collect and store certain fragments of data to analyse usage of and engagement with the App and remember your preferences. If deployed, we will use them to provide, secure and improve the App to customise the experience for the Users based on their interests and preferences. Cookies may also be used to reduce the frequency of entering passwords during a session.

4.3. In the event, we deploy cookies, you will have the discretion to decline our cookies if your device permits, although this may limit your ability to use certain features on the App and your experience may not be optimum.

5. DISCLOSURE OF YOUR PERSONAL INFORMATION

5.1. We may from time-to-time be required to disclose the personal information collected from you to our trusted third-party service providers, who assist us in order to facilitate the provision of certain services on the App. Any disclosure of your personal information to our affiliates, third party service providers or other trusted business or persons, will take place pursuant to lawful contracts and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures to preserve the confidentiality of your personal information. We will place adequate contractual requirements on such third parties to be bound by reasonable confidentiality obligations to prevent any further disclosure or sharing of your personal information and to adopt reasonable security standards to safeguard your personal information as per the requirements of applicable laws.

5.2. Shink does not rent or sell personal information of Users to any third party.

5.3. In case of a partnership, merger, reorganisation, acquisition, joint venture, assignment, spin-off, transfer, asset sale or sale or disposition of all or any portion of our business, including in connection with any bankruptcy or similar proceedings, we may transfer any and all of your information, including your personal information, to the relevant resultant third party with the same rights of access and use, subject to such third party adopting appropriate confidentiality and security measures in line with this Privacy Policy.

5.4. To the extent permitted under the applicable laws, we may also disclose your personal information with third parties if we believe in good faith that the access, use, preservation or disclosure of your personal information that we collect is reasonably necessary for Permitted Uses or to:

• comply with applicable laws or an order of court or law enforcement or governmental agency or any other authority or other legal process;
• prevent or take action regarding illegal activities and suspected fraud or protect the rights, property or safety of Shink or of any person including any User;
• enforce this Privacy Policy and the Terms of Use; or
• establish or exercise or protect our legal rights or defend against legal claims.

5.5. By agreeing to this Privacy Policy, you agree and grant us your consent for sharing your information, including your personal information, with third parties, including third parties situated outside India, for the Permitted Uses, and in all instances set out above in pursuance of Clause 5 of this Privacy Policy.

5.4. Your profile will be visible to other Users on the App, including your name, description, pictures, age and location. We do not share your accurate geolocation with other Users. We advise you to be careful with sharing information on your profile with other Users, particularly sensitive details about yourself.

6. SECURITY OF YOUR INFORMATION

6.1. The security of your personal information is important to us. We undertake reasonable security practices including technical, organizational, operational and physical measures to prevent unauthorised access, misuse, alteration, disclosure, loss or destruction of your personal information, such as by storing all your information on secure cloud servers operated by third party cloud service providers (“CSPs”) such as Amazon Web Services. Further, our third party CSPs implement reasonable security practices and procedures for the protection of the information they receive from us, which are compliant with relevant international information security standards and requirements of applicable laws.

6.2. Although we make best possible efforts to store your personal information in secure cloud servers, you should understand that transmission of information over the internet is inherently insecure and there is no such thing as complete security, and we do not guarantee that there will be no unintended disclosures of your personal information. While we do our best to protect your information, we cannot ensure the security of your data transmitted to the App and any transmission is at your own risk. We strongly advise you to exercise reasonable discretion while providing personal information or financial information and sensitive personal data or information while using the services.

6.3. If we become aware that your personal information has been disclosed in a manner not in accordance with this Privacy Policy, we will use reasonable efforts to notify you of the nature and extent of such disclosure (to the extent we know that information) as soon as reasonably possible and as permitted by law. You should not share your password with any third party, and if you believe your password or account has been compromised, you should change it immediately and contact us at contact@shink.app.

6.4. Notwithstanding anything contained in this Privacy Policy, to the extent permissible under applicable laws, we shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond our reasonable control including but not limited to acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, technical glitches, breach of security and encryption, etc.

7. DATA RETENTION

7.1. We retain your personal information only for the duration necessary to fulfil the purpose for which it was collected in accordance with this Privacy Policy and as may be permitted under applicable laws, except to the extent storage of such information is:

• necessary under applicable laws;
• required to be retained pursuant to an outstanding issue, claim or dispute;
• required to enable us to defend against legal claims or enforce our legal rights;or
• necessary for our legitimate business purposes including fraud prevention and enhancing User safety. If we suspend a User’s account on the App for fraud or safety reasons, we may retain certain information from such account for such period as may be required in accordance with applicable laws to prevent that User from opening a new account on the App in the future.

8. YOUR RIGHTS

8.1. You have a right to access, modify and remove your personal information on the App. If certain information is not accessible on the App and you wish to procure a copy of specific information that you have provided to us or if you wish to update or modify or correct your personal information available with us which cannot be rectified directly on the App, you can reach out to us at contact@shink.app. We may ask you to validate your identity before providing you with any information or rectifying any errors.

8.2. You may request us in writing that we cease to use your personal information and/or delete your existing personal information by writing to us at contact@shink.app. In the event that you refuse to share any information or withdraw your consent to process your personal information that you have previously given to us, we may no longer be able to provide our services for which we consider such information to be necessary. In addition, please note that the withdrawal of your consent does not affect the legality of any processing activities based on such consent prior to its withdrawal.

8.3. You can change your device settings and app permissions to consent to or oppose the collection or processing of corresponding information such as pictures and location settings. If you deny such permissions to the App, the App may lose certain functionalities.

8.4. You can delete your account on the App at any time. Upon receipt of your request for deletion of your account on the App, all the information corresponding to your account will be deleted, subject to data retention practices set out in Clause 7 of this Privacy Policy.

8.5. We may deny or limit your access to or correction or deletion of your information if we are unable to validate your identity or it would violate another person’s rights and/or is not otherwise permitted by applicable law.

9. AGE RESTRICTION

• The App is restricted to Users who are at least 18 years old. Shink does not knowingly collect any personal information from anyone below the age of 18 years. If we become aware that we have collected the personal information of a person below the age of 18 years, we will take steps to delete the corresponding account and all data on the minor in question. If a parent or legal guardian becomes aware that their child has provided information on the App, they shall contact us at contact@shink.app for the deletion of such information.
• In the event, where in contravention to the Privacy Policy and Terms of Use, a person below the age of 18 uses the App, we shall not be held liable or responsible for any damage or injury suffered by such person.

10. UPDATES AND CHANGES TO PRIVACY POLICY

We reserve the right, at any time, to add to, change, update, or modify this Privacy Policy from time-to-time. We will update any changes on this page. Your continued use of the App following the posting of changes to this Privacy Policy will constitute your consent and acceptance of our changes. In all cases, use of information we collect is subject to the Privacy Policy in effect at the time such information is collected. While we make all reasonable efforts to communicate any significant changes to this Privacy Policy to you on best effort basis, we encourage you to periodically review this page for the latest information on our privacy practices.

11. CONTACT US

If you have any questions, concerns or grievance about this Privacy Policy and the handling of your personal information, you can contact Mr. Melroy D’Mello- our designated Grievance Officer at melroy@shink.app. We will endeavour to address your concerns in a timely and effective manner, within a period of one month from the receipt of the grievance