Privacy Policy

Last updated: March 28^th, 2024

1. This Privacy Policy outlines how we will collect, use, store and share Your Personal Data when You use the Application and the Website and tells You about Your privacy rights and how the law protects You.

2. We are committed to protecting your privacy. It is important that You understand how We look after Your Personal Data and how We make sure that We meet our legal obligations to You under Data Protection Law.

3. If You have any questions in relation to this policy or generally how Your Personal Data is processed by Us please contact Us by email at info@tyku.app.

4. Definitions

4.1. For the purposes of this Privacy Policy:

4.1.1. You means the natural person accessing or using the Application or/and Website. Under GDPR, You can be referred to as the Data Subject.

4.1.2. Company (referred to as either "the Company", "We", "Us" or "Our" in this Privacy Policy) refers to MB “Joyful Life”, a company incorporated and registered under the laws of Lithuania, with legal entity code 305757964, having its registered office address at Alytus, Lauko g. 3-5, Lithuania.

4.1.2.1. For the purpose of GDPR, the Company is the Data Controller which means that we are responsible for looking after it. We will use Your Personal Data fairly, lawfully and in a transparent manner, and in accordance with the applicable Data Protection Law.

4.1.3. Application means the software program named Tyku, provided by the Company and downloaded by You on any electronic device.

4.1.4. Website means Our website www.tyku.app.

4.1.5. Personal Data is any information that relates to an identified or identifiable natural person. For the purposes of GDPR, Personal Data means any information relating to a natural person such as name, identification number, location data, online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.

4.1.6. Device means any device that can access the Application such as computer, mobile phone or digital tablet.

4.1.7. GDPR means the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC).

4.1.8. Data Protection Law refers to applicable data protection legislation including, but not limited to, the GDPR.

5. Collecting and Using Your Personal Data

5.1. Collecting and Using Your Personal Data in the Application

5.1.1. We collect and process Personal Data when you interact with our Application, and in the following ways described below.

5.1.1.1. During Your registration or later using the Application, we ask You to provide Us with certain personal information. This information may include, but is not limited to:

• Username and/or Name and Surname
• E-mail address
• Password
• Promo code (if used)

5.1.1.2. When You make a complaint or submit a query to Us in relation to the Application, or You initiate restoration of the password or your user account, You may also provide Us other data, for example, information about Your experience and difficulties You encountered when using the Application.

5.1.1.3. Usage Data, i.e. data about how you use the Application, is collected automatically while you are using the Application so that we can analyse how the Application is used by Our users. This helps Us to improve the Application and We do not use it for any other purpose. Although Usage Data does not identify You by name (and we will not attempt to identify You by name or to use the information to make decisions about You), this information is linked with a unique identifier, namely Your device ID (therefore, such information constitutes Personal Data under the Data Protection Law). It is important for Us to be able to distinguish different users by using these unique identifiers so that We can analyse how individual users use the Application. Usage Data may include information such as Your Device’s IP address, Your Device’s ID, the type of Device You use, Your Device’s operating system, information about the Application being opened, information about the region in which the Application is opened and other diagnostic data.

5.2. Collecting and Using Your Personal Data on the Website

5.2.1. E-shop

5.2.1.1. Our website is a part of Shopify. Shopify provides Us with an online e-commerce platform that allows Us to sell Our goods and services to You. Your data is stored in Shopify’s data warehouse, databases and general Shopify application. Your data is stored on a secure server.

5.2.1.2. If you choose direct payment for your purchase, Shopify collects your credit card details. They are encrypted in the Payment Card Industry Data Security Standard (PCI-DSS). Your transaction data is stored only for the time required to complete the purchase transaction. When your purchase is completed, the information about the purchase transaction is deleted.

5.2.1.3. All interfaces of direct payment networks comply with the standards established by PCI-DSS, managed by the PCI Security Standards Council, which is a joint effort created by such brands as Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure that credit card information handled by our store and its service providers is handled securely.

More information can be found in Shopify's Terms of Service (https://www.shopify.com/legal/terms) and Privacy Statement (https://www.shopify.com/legal/privacy)

5.2.1.4. We accept card payments through "Stripe". If you choose this payment, your data will be transferred to "Stripe", including information necessary to process or support the payment, such as the purchase amount and billing information.

5.2.1.5. We accept electronic banking (banklink) payments. These payments are processed through "OPAY" system (UAB OPAY solutions, M. K. Paco g. 4, LT-10309 Vilnius). If you choose this payment, your data will be transferred to "OPAY", including information necessary to process or support the payment, such as the purchase amount and billing information.

5.2.2. Collection of other information on the Website

5.2.2.1. When the User is visiting the Website, the servers automatically record the information sent by the User's browser: device IP address, browser type and version, operating system type and version, language settings, the website you visited before visiting the Website, the pages of the Data Controller you visited, how long spent browsing those pages, what information was searched for on the Website, login time and other statistics.

5.2.2.2. The user has the option not to provide certain information but in this case he will not be able to use some functions of the Website.

5.2.2.3. We also receive and store information and content that the User knowingly provided by subscribing to a newsletter, filling out a contact form or submitting an inquiry. The user may need to provide the following personal information: name, phone number and/or e-mail address.

5.2.3. Collection of other information related to communications

5.2.3.1. If you contact us by e-mail, we keep your correspondence.

This data is necessary to improve the quality of our services, as well as to provide you with the necessary information and to answer any questions or requests.

6. Purposes and Legal Grounds for Data Processing

6.1. Data Protection Law requires Us to process Your Personal Data only if We satisfy one of the legal grounds for processing it as set out in the GDPR, for each purpose of processing.

6.2. The Company may use Personal Data for the following purposes:

6.2.1. To create Your personal account on the Application.

6.2.2. To maintain and improve the Application by collecting and processing the Usage Data.

6.2.3. To reply to and deal with Your complaints and queries relating to the Application and the Website.

6.2.4. To perform other actions directly related to and needed for the provision of Our services and Your usage of the Application and the Website.

6.2.5. Information we collect on the Website can be used to improve the User's browsing experience, improve the User's service, send e-mail reminders, ask to evaluate the use of the mobile application Tyku and the Website, respond to the User's requests, inform the User about changes to the mobile Application Tyku and the Website, send informational letters and newsletters, administer advertising, surveys.

6.2.6. Information sent by the User's browser is used only to identify possible cases of abuse and to collect statistical information about the use of the Website. This statistical information is not collected to identify specific users of the system.

6.3. The Company processes Your Personal Data on the following legal grounds:

6.3.1. Consent given by You (e.g., when You accept cookies, register for newsletters);

6.3.2. Legal obligations to which the Company is subject.

6.3.3. Our legitimate interests are to ensure and improve the quality of Our services and to protect our rights (e.g., when collecting and processing the Usage Data).

6.4. You may revoke Your consent to the processing of Your Personal Data at any time. If the Company has no other legal basis for the processing of Your Personal Data, We will cease the processing of such data immediately (subject to technical feasibility) after the cancellation/revocation of the consent provided by You.

7. Purposes and Legal Grounds for the usage of the Cookies on the Website

7.1. A cookie is a small data file that a website stores on your device while you browse our Website. A cookie allows the website to remember your actions and preferences for a certain period of time so that you do not have to specify them again when you return to the website or navigate between different pages.

7.2. We use session cookies to remember and establish a connection session but these cookies do not collect your personal data and only last until you close your browser.

7.3. Cookies are stored on your device only if you give your consent, unless cookies are strictly necessary for the technical functioning of the website. However, please note that if you do not accept the use of cookies, certain functions of the website may not work properly or at all.

7.4. The legal basis for the use of cookies is our legitimate interest to ensure the technical functionality of the Website. When cookies are used to remember your choices or for statistical purposes, the legal basis is your consent.

8. Sharing of your Your Personal Data

8.1. We may share Your Personal Data with Our trusted services providers when they provide services to Us, or to You on behalf of Us and under Our instructions. We will control and shall remain responsible for the use of Your Personal Data at all times.

8.2. We may share Your personal information described in this Privacy Policy with the following recipients:

8.2.1. Developers and administrators of the Application.

8.2.2. Providers of data security, data management, website hosting, cloud hosting, storage solutions, software as a service (SaaS) and other IT services.

8.2.3. Providers of Application analytics services.

8.2.8. Other users of Application: when you share a link to your audio recording, those application users that receive the link can also see your username in Tyku.

8.4. We may also disclose Your Personal Data as required by law, including laws outside Your country of residence, to comply with a court order or to comply with other legal or regulatory requirements, for example, to courts, law enforcement authorities, and regulatory agencies such as data protection supervisory authorities.

9. Retention of Your Personal Data

9.1. The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will also retain and use Your Personal Data to the extent necessary to comply with our legal obligations (i.e., when We are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

9.2. The Company will also retain Usage Data for internal analysis purposes. We will only retain Usage Data for a period of 1 year after We collect it. This is so that We can understand how You use the Application over time. After 1 year, We will aggregate Your Usage Data with the data of other users so that it no longer relates specifically to You or any other individual.

9.3. Communication data used to improve the quality of our service is stored for up to 1 year.

9.4 Cookies are generally valid for a short period of time (a day, a week or a month), although in some cases they may be valid for up to 2 years.

10. Storage and sharing of Your created audio recordings and playlists

10.1. Storage of private audio recordings and playlists

10.1.1. We store Your created private audio recordings and playlists for as long as You use Tyku. We also save this information: date of the creation of the playlist or audio recording, name of the recording or playlist, Your username.

10.1.2. We do not have any back-up copies of Your private recordings or albums. If You have deleted Your recordings from Tyku, it will not be possible to restore them.

10.2. Sharing of Your created audio recordings and playlists

10.2.1. You can share your private audio recordings or playlists by sending a link to them to other people. When a person opens a link of a private recording or playlist, the following happens: in case of a single audio recording, it is automatically saved in his/hers favourites playlist in Tyku; in case a playlist is shared, it is automatically save in „followed playlist“ section in Tyku.

10.2.2. Other Tyku users can share with others Your link to Your private recording or playlist, even without Your consent. While sharing the link to Your recording or playlist, You take full responsibility and acknowledgment for the possibility of its further distribution. We are not responsible for restricting the sharing of link that You have provided to others.

10.2.3. While sharing your private recordings you take the responsibility of the audio and text context.

11. Security of Your Personal Data

11.1. When handling Your Personal Data, We take appropriate measures reasonably designed to protect Your information from unauthorised access, loss, misuse, disclosure, alteration or destruction. Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect Your Personal Data, We cannot guarantee the security of Your data transmitted to the Application; any transmission is at Your own risk. Once we have received Your information, We will use strict procedures and security features to prevent unauthorised access. If you wish to export or delete your data, please write us an email to info@tyku.app.

12. Your Rights in relation to Your Personal Data

12.1. The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee that You can exercise Your rights. 

12.2. You have a number of rights under the Data Protection Law in relation to the way We process Your Personal Data, which are set out below. You may contact Us using the details at the beginning of this Privacy Policy to exercise any of these rights or if You have any questions about these rights. In some instances, We may be unable to carry out Your request, in which case We will write to You and explain why.

12.3. You have the right under this Privacy Policy to:

12.3.1. Request access to Your Personal Data. You have the right to request confirmation that your personal data is being processed, access to Your Personal Data (through Us providing a copy of that Data) and receive other information about how we process your Personal Data. 

12.3.2. Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You be corrected.

12.3.3. Object the processing of Your Personal Data. This right exists where We are relying on legitimate interest as the legal basis for data processing unless we are able to demonstrate that our legitimate interests override your rights or we need to continue processing your Personal Data for the establishment, exercise or defence of legal claims.

12.3.4. You have the right to ask Us to restrict the processing of your Personal Data that We hold about You in some cases. 

12.3.5. Request deletion of Your Personal Data (“right to be forgotten”). You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.

12.3.6. Request the transfer of Your Personal Data (data portability). We will provide to You, or to a third party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right applies only in cases where the processing is carried out by automated means and is based on Your consent or a contract concluded between You and Us.​

13. What if You Have a Complaint?

13.1. If You have any concerns regarding processing of Your Personal Data, or are not satisfied with Our handling of any request made by You, or would otherwise like to make a complaint, You have the right to submit a complaint with the competent data protection authority of Your country of residence (in Lithuania, that is the State Data Protection Inspectorate. You can find contact details of the State Data Protection Inspection here: https://vdai.lrv.lt/en/).

14. Links to Other Websites​

14.1. Our Application or Website may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party's site.

14.2. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

15. Changes to this Privacy Policy​

15.1. We may update our Privacy Policy from time to time. We will take reasonable measures to communicate any changes to this Privacy Policy to You, and will post updated Privacy Policy on this page.

15.2. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us by email at info@tyku.app