Privacy Policy

Hello and welcome to Shary, a social music player provided by 2421 Moreno, LLC (hereafter “Shary”, “we”, “us” or “our”).

Your privacy is important to us. This Privacy Policy explains how we collect, store, use and disclose your information when you use Shary and all related sites, players, tools, apps, data, software, and other services provided by Shary (the “Services”).

By using or interacting with the Service, you are entering into a binding contract with us and consenting to the use of your information as explained in this Privacy Policy. If you do not agree to our practices, please do not use Shary. If you have any questions or concerns, you can contact us at info@heyshary.com.

Please note that this Privacy Policy only applies to the Website, the Apps and the Services (together, the “Platform”). When using the Platform, you may find links to other websites, apps and services, or tools that enable you to share information with other websites, apps and services. Shary is not responsible for the privacy practices of these other websites, apps and services and we recommend that you review the privacy policies of each of these websites, apps or services before connecting your Shary account or sharing any personal data.

Information We Collect

1. Registration data

When you sign up for the Service, we may collect information we ask you for, like your username, password, and e-mail address. We may also collect information you voluntarily add to your profile, such as your status message. If you connect to the Service using your Facebook credentials, you authorize us to collect your authentication information, such as your username, encrypted access credentials, and other information that may be available on or through your Facebook account, including your name, profile picture, e-mail address, friends’ names and profile pictures.

2. Usage & log data

When you use the Service, we automatically collect certain information, including: (i) information about your type of subscription and your, interactions with the Service, including with songs, playlists, other Shary users, Third Party Applications (as defined in the Terms and Conditions of Use) linked to or made available on the Service; (ii) the details of the queries you make; (iii) User Content (as defined in the Terms and Conditions of Use); (iv) technical data, which may include your IP address, unique device ID, network and computer performance, language and identifying information, transactional information enabling digital rights management, operating system, (v) location information. If you have connected your account to Facebook, we may receive similar information related to your interactions with the Service on Facebook. We may store this information so that it can be used for the purposes explained in How We May Use Your Information section.

In order to provide the Shary Service, Shary will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of other Shary users (“in-network” numbers), or otherwise categorize other mobile phone numbers as “out-network” numbers, which are stored as one-way irreversibly hashed values.

3. Cookies

A cookie is a small text file that resides on your computer, mobile phone, or other device, and allows us or our business partners to recognize your device when you return to the Service. We may use cookies to perform functions essential to the operation of the Service, track site usage and trends, and improve and customize your Shary experience. We may also allow certain business partners to place or recognize cookies for those purposes.

How We May Use Your Information

We use the information that we collect about you for the following purposes:

  • To operate and maintain your Shary account and to provide you with access to use of the Apps and any Services that you may request from time to time. Your email address and password are used to identify you when you log into the Platform.
  • To identify you as the creator of the posts that you upload, the comments that you post and/or the other contributions that you make to the Platform.
  • To provide you with technical support.
  • To ensure technical functioning of the Service and products and services made available through the Service, develop new products and services, and analyze your use of the Service, including your interaction with applications and services that are made available, linked to or offered in the Service
  • To respond to you about any comment or inquiry you have submitted.
  • To provide other users with data regarding people streaming their songs.
  • To prevent or take action against activities that are, or may be, in breach of our Terms of Use, or applicable law.
  • Any additional information that you provide as part of your public profile, such as your real name, will be published on your profile page. This information will be publicly accessible and may be viewed by anyone accessing the app, or using our API or other Services. Please bear this in mind when considering whether to provide any additional information about you.
  • Your email address will be used to send you service updates and notifications regarding your account, and (if you have elected to receive them using your account preferences) newsletters, marketing messages and certain email notifications. For information about how to change your preferences, and to unsubscribe from newsletters, marketing messages and email notifications please see the Your Choice section, below.
  • If you are a Facebook user, and one of your Facebook friends registers for a Shary account, we may suggest to your Facebook friend that you might be someone they may wish to follow on Shary.
  • To analyze the use of the Apps and Services, in order to improve Shary.
  • To provide custom, personalized content and information.
  • To monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.

For other purposes, provided we disclose this to you at the relevant time, and provided that you agree to the proposed use of your personal data.

How We Share Your Information

We may share the information we collect, including your personal information, as follows:

  • Other users: Any information in your public profile (other than your email address) will be accessible by other users of the Platform, who may view your profile information, listen to and comment on any of your songs, add themselves to your list of followers, and send you messages. If you listen to songs, the fact that you’re listening to a song, the information about that song, and the history of the songs you listened to will be shared with other users including your friends unless you change the setting otherwise. Similarly, if you comment on any songs on the Platform, your comments will be available to all users of the Platform.
  • With your consent: We will disclose your information if you have explicitly agreed that we may do so. We will make this clear to you at the point at which we collect your information.
  • Other networks and connected apps: If you choose to connect your Shary account to other apps or social networks such as Facebook or Twitter, you will be sharing certain information with these apps or networks. In the case of Facebook or Twitter, any new public sounds that you post or listen to on Shary or any new favorites will be shared to those networks and will be visible to your followers and friends on those networks. In the case of connected apps, you will need to provide the app developer with full access to your Shary account in order to register or share songs, or comment on, favorite or repost sounds from within the app. This will mean sharing your public information, plus access to your private music information. Shary is not responsible for these other apps or networks, so please make sure you only connect your account with apps or services that you trust.
  • As aggregated data: We may aggregate your personal data with similar data relating to other users of the Platform in order to create statistical information regarding the Platform and its use, which we may then share with third parties or make publicly available. However, none of this information would include any email address or other contact information, or anything that could be used to identify you individually, either online or in real life.
  • If required by law: We will disclose your information if we believe in good faith that we are permitted or required to do so by law, including in response to a court order, subpoena or other legal demand or request.
  • To protect our interests: We may disclose your information if we feel this is necessary in order to protect or defend our legitimate rights and interests, or those of our users, employees, directors or shareholders, and/or to ensure the safety and security of the Platform and/or the Shary community.
  • In the context of a business transfer: We may transfer your information to any person or company that acquires all or substantially all of the assets or business of Shary, or on a merger of our business, or in the event of our insolvency.

Cookies

We use cookies for following general purposes:

  • Operational: These cookies are necessary to allow us to operate the Shary Service as you have requested.
  • Performance: We use these cookies to analyze how the Shary Service is used or is performing. We use this information to maintain, operate and continually improve the Shary Service.
  • Functional: These cookies let us operate certain functions of the Shary Service in line with the choices you make. These cookies mean that when you come back to the Shary Service, we can provide you with our services as you have asked for them to be provided, such as knowing your username and remembering how you have customized our services.

You can set your browser to refuse cookies, or delete certain cookies. This may impair or prevent due functioning of the Service.

We may use standard Internet technologies similar to cookies like these:

  • Clear GIFs: We may use “clear GIFs” (aka “web bugs”), which are small image files that we embed into our e-mail newsletters, to learn whether you opened or forwarded the newsletter or clicked on any of the content. This information tells us about our newsletters’ effectiveness and helps us ensure that we’re delivering information that you find interesting.
  • HTML5 Local Storage: We use HTML5 local storage for frequency capping purposes and to provide you with relevant advertising. We do not use HTML5 local storage to collect any personal data or to track your activity on our websites.

We think it’s important that you are able to control the collection of personal data relating to your use of Shary, and have therefore made sure that you can opt out of any personal data collection using cookies or other technologies as set out below. (Please note that you cannot opt out of our use of Flash cookies or HTML5 local storage as these are necessary for the technical operation of the platform. However, we do not use these technologies to collect any personal data.)

We have done our best to provide you with clear and comprehensive information about our use of cookies and similar technologies. If you choose to use the Platform without blocking or disabling cookies or opting out of these technologies (as described above), you will indicate your consent to our use of these cookies and other technologies and to our use (in accordance with this policy and our Privacy Policy) of any personal information that we collect using these technologies. If you do not consent to the use of these technologies, please be sure to block or disable them using your browser settings, the opt-out links above, or the settings on your mobile device.

Further information about cookies is available at http://aboutcookies.org.

Your Choice

Through your settings, you can choose which communications you receive from us, decline to submit personally identifiable information through Shary, manage your public profile information, and set your sharing preferences. However, please note that it may not be possible to make certain information private on the Service, including your name and/or username. Such information and other information which are set to “public” in your settings, such as playlists, may be used, re-shared or linked to by others on the Service or others, so please use Shary carefully and manage your account settings regularly. Please keep in mind that playlists and other content added to your profile may include personal information, such as username, which could enable other persons to find you in the Shary Service or other services.

To change, customize, or limit access to or sharing of information collected from Facebook or Other Integrated Service, please visit your account settings on that service.

If you do not agree with our Privacy Policy or Terms of Service, please delete your account, uninstall the Shary mobile application and discontinue use of the Shary Service; your continued usage of the Shary Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service.

Deleting Your Account

You can delete your account through your Settings on the app at any time. Please bear in mind that, if you delete your account, all data associated with your account, including the sounds that you have uploaded and the usage data associated with those sounds, will be deleted and may not be recoverable.

Security

Shary uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Shary and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the Shary Service is never recommended. Once we receive your transmission of information, Shary makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Shary learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Shary may post a notice on the Shary Site or through the Shary Service if a security breach occurs.

Children

Shary is not intended for use by children. For users in the United States, the Shary Service is not directed to children under the age of 13. We do not knowingly collect any personal information from any person who is under the age of 13 or allow them to register an account. If it comes to our attention that we have collected personal data from a person under the age of 13, we will delete this information as quickly as possible. If you have reason to believe that we may have collected any such personal data, please notify us immediately at info@heyshary.com.

Special Note to International Users

Shary Service is hosted in the United States and are intended for and directed to users in the United States. If you are a user accessing Shary Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Shary Service, which is governed by California law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to the United States and you expressly consent to that transfer and consent to be governed by California law for these purposes.

Transfer & Assign

In the event that Shary is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Updates to this Privacy Policy

We may make changes to this Privacy Policy from time to time, so please visit this Privacy Policy regularly. If we make changes which we believe are material, we will inform you through the Service. Your continued use of the Service thereafter constitutes acceptance of the changes.

Questions

If you have questions about this Privacy Policy, want to suggest changes to this Privacy Policy or want to know, what information we store about you, please contact us by email at info@heyshary.com.

Date Last Modified: December 7, 2014