While online dating can be a very rewarding and positive experience, it is vital that you take a cautious approach and protect your safety not only online, but offline. The following safety recommendations are intended as a guide only.

Online Safety

The Number One Rule:

Trust your instincts! Your gut feeling is usually right. If someone is making you feel uncomfortable or you feel like they have ill intentions, end the conversation. Exercise your right to block and/or report any users who you feel are misusing the website/app.

Don’t Give Away Too Much Information:

When first engaging with someone stay away from providing personal information, stick to a first name basis, do not give out your address or phone number. Do not give out social media accounts such as Facebook or Instagram. It’s also a good idea to create an alternative email address to use specifically for online dating accounts. Online dating can lead you to amazing connections with genuine people, but you need to protect yourself from things like money scams and identity theft.

Photos:

We suggest taking new and separate photos for your online dating accounts. While your profile will never appear in search engines such as Google, Yahoo, nor will it be accessible by the public, if you are using pictures from your social media accounts, a user may be able to search your image online. This could result in the user gaining more access to your personal life than you might like. Do not put revealing subject matter in your photos, such as your home or office buildings in the background. We also strongly urge you to not include children or anyone underage in your photos, as it goes against our code of conduct. Remember you are interacting with strangers, until you know their intentions, protect yourself and those you care for.

Look For the Signals:

Like anything internet based, there will always be a chance to run into scammers. We have dedicated teams working around the clock to stop these accounts, however with things like fake IP addresses, they can be hard to detect. The following are the most commonly used scamming signals we run into.

Distance:

Pay attention to your matches location. Try to stay local, unless otherwise needed. The farther away someone is from you, the easier it is for them not to get caught in a scam.

Too Good To be True:

There is a difference between someone having attractive pictures, and pictures that are posed and seem too good to be true. If you have doubts about someone being who they say they are in their pictures, try using services like Googles ‘reverse image search’. Many scammers use the same picture on multiple sites. In the contrary, if someone has no photo posted and tells you they can’t post photos on the site, but can send them via email or text, do not offer to text them. Users can upload photos and keep them private until they wish to share them with someone, there is no reason to take the conversation elsewhere for this reason.

Contact Information:

A lot of potential scammers will send you long messages containing an email address, username, or a phone number, asking you to contact them outside of the app. Often once you have made contact they will ask you for money, or more commonly iTunes gift cards. Some scammers will agree to meet with you and then come up with a reason why they can’t make it due to a money issue, like babysitting money or transportation. Never in any circumstance give out your financial information. Financially providing for someone is not part of getting to know someone and not your responsibility.

Inconsistencies:

Look for inconsistency within your conversation; the most common being odd language, misspelling, or consistent typos. Location is another big thing to look for. Someone who’s profile is set to your area, but when it comes down to meeting claims to be on “vacation” or staying elsewhere.  Other inconsistencies may include interests, employment and marital status, or overall indirect answers to questions.

Offline Safety

Taking The Next Step:

Phone calling/Text messaging-

You can learn a lot about someone through messaging or texting, but we suggest engaging in real phone conversations before you meet with someone. Hearing a person’s voice for the first time will help you figure out your initial gut feelings. Enjoy some back and forth banter to really find out what you have in common. Get to know the person, including their full name and what they do for a living, are there any red flags? Are they making inappropriate comments? Never agree to meet up with someone who makes you feel uncomfortable.

Use The Internet To Your Advantage:

Once you find out a bit of information about your match, feel free to google them. Check for social media accounts such as Facebook and LinkedIn. Find out if you have any mutual friends that can reveal more about their character. Double check any information they told you that didn’t seem to add up.

Plan a date:

You have decided to meet up with your potential match, let’s plan the date. Make sure that whatever your mutual intentions are, that at least your first meet up is in public, familiar place. Also stick to one place, this keeps you safe and leaves the adventure to continue to the second date. Know your drink maximum and stick with it, don’t leave room for your decision making to be compromised. Do not leave your food or drinks unattended. Make sure your intentions and boundaries for the date are made clear. Always drive yourself, or find your own way to and from your first date. Once you have your date all planned out, tell a friend. Make sure you send a reliable friend the details of where you will be going, the date and time, and your dates name and contact details. It’s always a great idea to have someone to check in with after the date.

Trust Your Instincts:

Always listen to your intuition, it’s usually right! If you feel like your date is making your feel uncomfortable at any stage in the date, do not be afraid to remove yourself from the situation. This is another reason to keep a friend on hand, if you feel like things are going south, text a friend to come and meet you. Using good judgement and being cautious will often lead you to the best connections!

Have Fun:

Letting your guard down is usually the biggest risk with dating. In one way or another you have to take risks when it comes to finding love, or even new friends, just make sure that you never put yourself in physical danger. Once you have followed all the offline safety steps and you are comfortable with your date, there’s only one thing left to do; have fun and enjoy the process of getting to know someone new!

The Summary

Hello. You should read these terms and conditions in full because they apply every time you visit Ayala and use any of its features. However, just in case you ever need a reminder of the main points, here’s a quick summary:

1.          If you are under the age of 18 then unfortunately you can’t use Ayala yet because it’s a meeting place for adults only.

2.          We’re not responsible for anything that you post, live stream or say while you are on Ayala and we don’t monitor the content of the site, but if we do see or someone alerts us that you have posted something that we think is inappropriate then we are allowed at our discretion to remove it.

3.          If you post any content that actually belongs to someone else and they get annoyed (or even call in their lawyers), we are not in the firing line. You have to take responsibility for what you post.

4.          Please refer to our Contact Guidelines and Safety Tips for additional Dos and Don’ts, and information on staying safe.

5.          If you are concerned about how your data is being used by Ayala then please refer to our privacy policy, which explains how we treat your personal data and protect your privacy when you use Ayala. By using Ayala, you agree that we can use such data in accordance with our Privacy Policy. Our website and apps also use cookies or similar technologies which we tell you more about privacy policy.You may set your browser and your mobile settings to block cookies and local storage devices, but if you do so, you may not be able to access the features that Ayala offers.

The full legal bit

Ayala is a social media website and app designed as a forum for meeting new people, a place to have discussions and to share photos, live streaming, news and information. It is intended to be a fun place to visit and it is important to us (and for you) that it remains a safe and friendly environment so you agree that you will only use Ayala in a manner consistent with its purpose and which is in accordance with these terms and conditions, as well as the Ayala Contact Guidelines and Safety Tips (the “Terms”). When we mention Ayala, we mean www.Ayala.com, together with affiliated websites and applications.

The Terms constitute a binding legal agreement between you as user (“you”) and the Ayala Group (“we” or “us”).

The Terms apply whenever you visit Ayala, whether or not you have chosen to register with us, so please read them carefully. By accessing, using, registering for or receiving services offered on Ayala you are accepting and agreeing to be bound by the Terms.

IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE APP OR SITE.

1. Use of the app and site and rules relating to Content

Who can use Ayala?

Ayala is a meeting place for adults. You may only use Ayala, including any of its features, or become a registered member if you are 18 years old or older (or the age of majority in the country in which you reside if that happens to be greater than 18).

You warrant that you have the right, authority and capacity to enter into and be bound by the Terms and that by using Ayala you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.

You further warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.

What kind of content can I post or upload on Ayala?

You are able to post or upload all kinds of things on Ayala, including photographs, emails, messages, live streamed audiovisual content and other content (“Content”).

There are some rules about what is acceptable though, so when you are using Ayala you may not post, send or upload any Content which:

1.          contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;

2.          is obscene, pornographic or otherwise may offend human dignity;

3.          is abusive, insulting or threatening, or which promotes, depicts or encourages violence, self-harm, suicide, racism, sexism, hatred or bigotry;

4.          encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;

5.          is defamatory;

6.          relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);

7.          involves the transmission of “junk” mail or “spam”;

8.          impersonates a person, company or brand with the intent to deceive or confuse others;

9.          contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from Ayala or otherwise;

10.        itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);

11.        shows another person where such Content was created or distributed without that person’s knowledge, and without that person having been afforded an opportunity to refuse such creation or distribution; or

12.        contains images of children, even if you are also in the photo, or endangers minors.

Please use your common sense when picking the Content that you choose to post on, upload or send via Ayala because you are solely responsible for, and bear all liability in relation to, such Content. If you repeatedly infringe our rules, you may be prevented from using Ayala and we may disable your account or block you from further use of Ayala. We may remove any Content you submit to Ayala if we believe it violates the Terms or we are required to do so by applicable law.

Are there any rules relating to personal data like my email address?

You may not display any personal contact or banking information on your individual profile page (“Profile”) whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details, or place of work). If you do choose to reveal any personal data about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances. You are required to follow our Guidelines and Safety Tips when doing so.

What about other people’s personal data, can I use it?

You may only use other Ayala users’ personal data to the extent that your use of it matches Ayala’s purpose of allowing people to meet one another. When using Ayala Live, you may not film other people, whether or not they are Ayala users, unless you have informed them that the footage will be livestreamed via Ayala Live and given them an opportunity to exclude themselves from the footage. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. Ayala reserves the right to terminate your account, or prevent access to its features if you misuse other users' information.

Some of my friends want to see all the people I’m chatting with. Can I tell them my password and let them log on as me?

The short answer is no. Only you are authorised to access your account with Ayala. You must not share your password with anyone or let anyone else access your account as this jeopardises the security of all of the Content and personal data that you have submitted to Ayala. You are responsible for keeping your password secret and secure. If you don’t, Ayala is not liable for any unauthorised access to your account. If you suspect that someone has gained access to your account, you must let us know immediately by visiting Facebook page and telling us of your suspicions or concerns. You must also immediately change your password. Ayala reserves the right to terminate your account if you violate our rules on keeping your password secure.

Who can see the Content that I put on Ayala?

When you upload Content to Ayala it can be accessed and viewed by the general public. If you do not want such Content to be viewed by others, then you can opt to use the private folders and select the person to whom you wish to give access. If you still do not want such Content to be viewed by others, then you should not upload it to Ayala. We reserve the right (without obligation) at our sole discretion and without giving you notice, to remove or edit, limit or block access to any Content that you upload or submit to Ayala without any incurring liability to you. We have no obligation to display any Content that you submit to Ayala, nor to check the accuracy or truthfulness of any Content submitted to Ayala, nor to monitor your use or the use of other users of Ayala.

Anything else I need to know?

When you use Ayala you agree to the Terms, and in return we grant you a limited, personal, non-exclusive and non-transferable licence to use and to upload Content and to use Ayala solely for your personal use. Apart from this licence, you have no other rights in the use of the site, app, or its Content or features, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the site or Content in any manner. If you breach any of the Terms, the above licence will terminate automatically and you must immediately destroy any downloaded or printed Content.

2. Ownership of Content

Once I have uploaded Content on Ayala, do I still own it?

Yes (provided you are the rightful owner in the first place — please see our other rules regarding posting Content that doesn’t belong to you).

Please note though that by posting, uploading or sending Content on Ayala you represent and warrant to us that:

1.          you are either the exclusive author or owner of that Content and in all cases you agree that you waive any and all moral rights relating to that Content (including, without limitation, any rights to be identified as the author);

2.          you have been granted a licence that allows you to use, post or upload the Content; or

3.          you have obtained appropriate consent or authority to use, post or upload such Content.

Please note that by posting, uploading or sending Content on Ayala you represent and warrant to us that you have the right to do so, and automatically grant to us a non-exclusive, royalty free, perpetual, worldwide Ayala to use such Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

We may assign and/or sub-license the above licence to our affiliates and successors without any further approval by you.

We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our app or site constitutes a violation of their intellectual property rights or of their right to privacy or any other law.

Who does the rest of the Content on Ayala belong to then?

Us! All text, graphics, user interfaces, trademarks, logos, sounds and artwork on Ayala are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights.

Can I use any of the Content that doesn’t belong to me?

Other than in relation to Content submitted by you to Ayala, you do not have any rights in relation to the Content on Ayala and you agree that you will not use any Content in any manner which may infringe ours or any third party’s rights. This means that you agree that you will not copy, modify, adapt, distribute, publish or sell all or any part of the Ayala site or the Content contained on it (other than the Content submitted by you) to anyone else.

3. Paid for services

What can I buy on Ayala?

Ayala offers you the opportunity to pay for certain services offered on the site. Ayala’s premium services include various opportunities to find and meet additional people, to customise your profile and to boost your profile so more people find you. Ayala also offers the ability to play various games on the site. All of these premium services can be purchased after you register, and you may subscribe to the premium services for various lengths of time.

Once you have paid for any premium services, you have the right to cancel and be reimbursed for all payments received within 14 days. If you wish to cancel please let us know via Facebook page. Please note that if you choose to download any of the Content which forms part of any paid for service within the 14 day period, you may lose this right. After the 14 days have expired, the paid for services are non-refundable.

You can change your Auto Top-up at anytime in your payment settings on your profile page. The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts.

How do I renew my premium services with Ayala?

Once you have requested a Ayala premium service, you authorise Ayala to charge your chosen payment method. If you want to cancel or change your payment method at any time, you can do either via the payment settings option under your profile or by contacting your mobile service provider. If your chosen payment method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to Ayala are made as well as how such payments may be changed or cancelled. Your subscription to Ayala’s premium services will automatically renew until you decide to cancel, and if you have enabled the Auto Top-up feature, your account will automatically be topped up until you decide to disable this feature.

Can I transfer any of my paid for services to another Ayala user?

If you elect to partake in any of the games, premium features or range of services designed to improve your Ayala user experience, you agree to use these services for yourself and not to transfer (for free or as a sale) to or purchase, or sell such services from other Ayala users. Ayala reserves the right not to honour any paid for services where you have attempted to transfer those services to another use or you have attempted to buy those services from another user. Ayala will only provide paid for services to you if you are the person to whom it was issued.

Do my credits last forever?

No. We reserve the right to expire any unused credits expire 6 months (unless the credits are purchased through Itunes). If you delete your account or if your account is terminated by us due to breach of these Terms, you will lose any accumulated credits. If you receive free or promotional credits, we may expire them at any time. Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing.

Please refer to the Service Conditions on your ‘top-up’ page for further details relating to your payments.

4. Access to the app and site

Do you guarantee that Ayala will be up and running at all times?

Unfortunately we can’t guarantee that because sometimes we have to carry out maintenance to the app or site or they may be affected by a fault or circumstances which are outside our control, so Ayala is provided on an “as is” “as available” basis. No warranty is given about the quality, accuracy, functionality, availability or performance of Ayala and we reserve the right to suspend, withdraw, amend, modify or vary the service provided on Ayala without notice and without incurring any liability to you.

What about mobile access?

You are responsible for making all the necessary arrangements to ensure you can access Ayala (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing Ayala through mobile services or any similar service currently known or developed in the future.

By accessing Ayala or agreeing to receive messages or notifications from Ayala through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.

I’m not registered and I can’t seem to access some Content or features on the app or site. Why is that?

Non-registered users are able to access only that portion of Ayala that is publicly available. They will not have a Profile but may have limited ability to upload any Content. The extent of registered users’ access to Ayala will depend on certain criteria relating to their Profile being met. We may change or update the criteria from time to time without prior notice and at our discretion.

5. Termination of use by us

My Profile has disappeared and I can’t log in. What’s going on?

Sometimes people forget about the Terms and post Content or act in a way while on Ayala which is not consistent with the purpose of the app or site. If we think that you may be one of those people, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused services to:

1.          suspend or revoke your registration (where applicable) and your right to access and/or use Ayala or submit any Content to Ayala; and

2.          make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses).

We will try (but we are not obliged) to notify you if your access to Ayala and/or your Profile is to be or has been suspended or terminated. Where you have acted contrary to our Terms, we will keep a record of it and may block future attempts by you to use or access Ayala and its features so that we can keep Ayala a fun place.

6. Termination of use by you

They say that you can have too much of a good thing… what do I do if I want to “unregister” myself from Ayala?

If you have registered on Ayala, you can terminate your registration at any time by going to the ‘Settings’ control on Ayala when you are logged in and choosing the ‘delete profile’ link. We save your profile information in case you later decide to restore your account. Many users deactivate their accounts for temporary reasons and in doing so expect us to maintain their information until they return to Ayala. You will therefore be able to restore your account and your profile in its entirety within 30 days of de-activating it. Once your registration is terminated, we have the right to delete any related Content that you have submitted or uploaded on to Ayala. For further details, please refer to our privacy policy.

Content that you have uploaded to Ayala, other than your Profile (such as comments or email messages), may still appear on Ayala following termination of your registration.

7. Abuse/Complaints

Someone is not obeying the Terms, who do I tell?

You can report any abuse or complain about Content on Ayala by contacting us via facebook page outlining the abuse and or complaint. You can also report a user directly from a profile, by clicking the ‘Report Abuse’ link on their profile, choosing the reason for the complaint and providing us with any additional information you think fit.

We will always try our best to help resolve any issue that you may encounter with our service. If your complaint or dispute remains unresolved, however, you may be eligible to use the European Commission’s online dispute resolution platform here.

8. Privacy Policy

Do you have guidelines in place about what you can do with my personal data?

We process information in accordance with our privacy policy which is incorporated into these Terms and Conditions of Use. Please read the terms of our privacy policy prior to using Ayala. By using Ayala, you agree to such processing and you warrant that all data provided by you is true, correct and accurate.

9. Links

Are the links on the app or site anything to do with Ayala?

Ayala may contain links to other sites, resources and purchase opportunities provided by third parties. These links are provided to you for your information only. If you access these links you may be directed to third party sites. These third party sites will have their own terms of use and privacy policies, which may differ from the Terms. The display of links to third party sites does not constitute an endorsement by us of any of the third party content information, sites, or resources provided.

Please note that we have no control over the contents of any third party sites or resources, and we accept no responsibility for them, including (but not limited to) the third party site’s compliance with any applicable laws or regulations.

10. Disclaimer of warranties and limitation of liability

I forgot the rules about conduct on here and now someone is threatening to sue me. Will your lawyers sort it out?

No. If you act in a way that upsets other users then you have to be responsible for the consequences. We expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of Ayala, and expressly disclaim any liability for Content uploaded by you or by any other user.

My friend is a lawyer and says that you can’t exclude liability for everything…

Nothing in the Terms limits or excludes our liability for:

1.          death or personal injury caused by their proven negligence;

2.          fraud or fraudulent misrepresentation;or

3.          any liability which cannot be limited or excluded by law.

To the fullest extent permitted by law, Ayala expressly excludes:

1.          all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

2.          any liability incurred by you arising from use of Ayala, its services or these Terms, including without limitation for any claims, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever direct, indirect, incidental, special, exemplary, punitive or consequential damages (however arising including negligence), loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, wasted management or office time, breach of contract or claims of third parties or other losses of any kind or character, even if Ayala has been advised of the possibility of such damages or losses, arising out of or in connection with the use of Ayala. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your equipment, failure or mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, bodily injury, property damage, operator errors, strikes or other labor problems or any act of god. in connection with Ayala including, without limitation, any liability for loss of revenue or income, loss of profits or contracts, loss of business, loss of anticipated savings, loss of goodwill, loss of data, wasted management or office time and any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.

Ayala’s total liability to you in respect of losses arising under or in connection with the Terms, whether in contract, tort (including negligence, breach of statutory duty, or otherwise) shall in no circumstances exceed £20.

What about the reliability of Ayala and the information contained on it?

Ayala has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Ayala and provides that information on an "as is", "as available" basis. Ayala does not give or make any warranty or representation of any kind about the information contained on Ayala, whether express or implied. Use of Ayala and the materials available on it is at your sole risk. Ayala cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate Content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Ayala is free of viruses or other harmful components. You accept that Ayala will not be provided uninterrupted or error free, that defects may not be corrected or that Ayala, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. Ayala is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. In the unlikely event that any defect is discovered within Ayala, we will use every effort to repair or fix the defect free of charge, without significant inconvenience to you, as soon as practicable.

11. Indemnity

I forgot the rules about conduct on here and now someone is threatening to sue YOU. What now?

If we are sued as a result of your use of Ayala then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.

You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives and licensors from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitors’ fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of Ayala, the uploading or submission of Content to Ayala by you or your conduct, other than in accordance with the Terms or any applicable law or regulation (“Claim”). Ayala retains the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us without your prior consent.

12. Miscellaneous

What about all of those standard clauses that you see at the end of most contracts? They’re the best bit!

As you asked so nicely…

The Terms and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be are governed by and construed in accordance with English law. In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail.

We reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes.

If you do not accept any Change to the Terms, you should stop using Ayala immediately. Your continued use of Ayala following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.

If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

The Terms set out the entire agreement and understanding between us and you in relation to your use of Ayala and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

Nothing in the Terms shall confer or purport to confer on any other third party, any benefit or the right to enforce any term of the Terms and the Contracts (Rights of Third Parties) Act 1999 which shall not apply to the Terms.

Effective date

The Terms were last updated on: 18 March 2019.

 

Ayala ("we," "us" or "Ayala") is firmly committed to privacy. The following policy discloses our information gathering and dissemination practices for this website (the "Website") and use of our service (the "Service"). By accessing the Website, you accept this Privacy Policy and agree to the terms, conditions and notices contained or referenced herein. We reserve the right to make changes to this Privacy Policy at any time by posting a revised Policy on this website and emailing a copy of the revised Policy to members without prior notice and such changes become effective once a revised Privacy Policy is posted on our Website. Your continued use of our Website constitutes your acceptance of such changes. Accordingly, you should review this Privacy Policy from time to time for changes. THIS PRIVACY POLICY WAS LAST UPDATED ON: March 21, 2019

 

The Website and the Service are intended for use by individuals over the age of 18. Individuals under 18 years of age should not use or access the Website and the Service.

The protection of your privacy is very important and we have adopted the following practices to safeguard the confidentiality of your personal information.

What Information is collected?

We collect two types of information: personally identifiable information ("PII") and non-personally identifiable information ("Non-PII"), which is also referred to as aggregate and anonymous data.

What information do you gather automatically from visitors?

We gather information about how you access the Website and use the Service, including the type of device you use to access the Service, your location, your domain name and IP address, your mobile device, your internet browser software, operating system and platform. We may also derive your approximate location from your IP address.

We also gather information about your use of the Website and Service, including statistical data about your visit such as the date and time of your visit, the number of links you have clicked on, the pages you have visited, and the number of times you have visited, the advertising you could see while on the Website. We do use cookies to identify traffic that comes through advertising and to facilitate a more user friendly experience. Cookies are small pieces of information that a web site places on your computer's hard drive so we know it's you when you visit. This helps us to create a personalized experience for you when you visit our site. The use of cookies is a very common practice on the Internet and provides for a more customized user experience of the Website. If you are uncomfortable with this, you can disable all cookies through your browser settings. Your enjoyment of our site won't be adversely affected if you have set your browser to reject cookies.

What information will you ask me for?

When you establish an Ad Profile on the Website you will be asked for some general identifying information which will enable us to provide you with this individualized service. We may collect and use information you provide us with, including information such as your account user name, date of birth, email address, gender, sexual orientation, ethnic origin, height, body type and any other information you have provided to us through your use of the Website or Services or otherwise. If you do not provide us with your email address or geographic location information, we may not be able to set up an Ad Profile for you.

While registering and creating an Ad Profile, you will be given the option of creating a pseudonymous profile (username, password and personal description) using your applicable gender. Personal information that may identify you other than your photograph is not permitted on your Ad Profile. Please note, you may upload photos to your Ad Profile. The type of photos you upload may clearly identify you. Any photos you upload to your Ad Profile, including those that are set as private, will be accessible by any user you have granted access to, as well as users who have purchased the Ayala Instant Photo Access subscription.

What information do we collect from third parties?

We may collect information from other sources, including third party sites that you may choose to link to your account (such as Facebook). We may obtain the information that you have provided to that third party, to the extent allowed by the third party site and authorised by you.

How will this information be used and who has access to it?

Non-PII Your Non-PII is used to personalize your experience, allow other members to find you through a search, to compose your personal profile which is associated with a pseudonymous identity you have created and to deliver targeted advertising and promotional offers to you from external companies that are of the highest relevance to your demographic profile. We may share some of this information for our own analysis and research purposes with our professional advisors or consultants and third party partners in order to deliver, manage, monitor, maintain, develop and improve our Services or the Website.

PII

The PII we collect from you is used in the course of providing our service to you and to manage, monitor, maintain, develop or improve the content and functionality of our Services and Website, or customize the layout of our pages for each individual member. We may use your contact information to send you valuable updates and timely notices of promotions and mailbox status reports. We may also use your PII to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Ayala products and services. Ayala does not rent, sell or otherwise provide your PII to third parties for marketing, direct marketing or solicitation purposes. The PII we collect is not released to any non-affiliated third party without your prior consent except as provided below:

Payment

Your credit card details do not get processed or transmitted through or via the Website; all payments are processed via the Apple iTunes Store or Google Play Store. The Privacy Policies of those third parties governs their use of PII provided to them (please see https://www.apple.com/legal/privacy/en-ww/and https://play.google.com/intl/en-us_us/about/play-terms.html).

Advertisers and Third-Parties

We may disclose your Non-PII to third party organisations, agents and service providers to assist us in providing the Services, as well as conducting market and business research and analysis for any of the purposes set out in this Privacy Policy.

We promote third party advertisers on Ayala. Clicking advertisements may redirect you to websites where the third party’s collection, use or disclosure of Non-PII or PII you provide to them is beyond our control. We will never pass personally identifying information about you to advertisers - even when you are logged in and click an advertisement. 

Different sites have very different privacy practices and policies. We recommend you locate and read the privacy policy of any site you are redirected to.

Third-Party Social Networking Sites

When you have enabled the use of our Services through a third-party social networking or similar site or mobile or other application (a "Social Networking Site"), such as Facebook, Google+ or Twitter, you permit Ayala to access certain information about you that is made available to Ayala through or from that Social Networking Site. The information obtained by Ayala varies by Social Networking Site and may be affected by the privacy settings you establish at that Social Networking Site, but can include information such as your name, profile picture, network, gender, username, user ID, age range or birthday, language, location, country and other information. By accessing or using our Services through a Social Networking Site, you are authorizing Ayala to collect, store, retain and use, in accordance with this Policy, any and all of your information that Ayala has obtained from the Social Networking Site, including to create a Ayala profile page and account for you. Your agreement to the foregoing takes place when you "accept" or "allow" or “go to" (or other similar terms) our application on a Social Networking Site or the transfer of information to Ayala from such site. If there is information about your “friends" or people you are associated with in your Social Networking Site account, the information we obtain about those persons may also depend on the privacy settings such people have with the applicable Social Networking Site. You acknowledge and agree that Ayala is not responsible for, and has no control over, any applicable privacy settings on any Social Networking Sites (including any settings related to any messages or advertisements about Ayala that the Social Networking Site may send to you or your friends). You should always review, and if necessary, adjust your privacy settings on Social Networking Sites before getting or using applications such as ours or linking or connecting your Social Networking Site account to the Services. You may also unlink your Social Networking Site account from the Services by adjusting your settings on the Social Networking Site.

We may disclose your PII to respond to law enforcement requests; or where required by applicable laws, court orders, or government regulations; or to protect against misuse or unauthorized use of our site; or to protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).

Sale or Merger

We may disclose and sell PII in connection with the sale, assignment, or other transfer of the business or a portion of the business of our Website, including a corporate merger, consolidation, restructuring, sale of assets or other corporate change of our direct or indirect parent companies that affects us.

How do we respond to Do Not Track signals?

The Website supports the Do Not Track browser setting. Do Not Track (“DNT") is a preference you can set in your Web browser to let the websites you visit know that you do not want them collecting certain information about you. For more details about Do Not Track, including how to enable or disable this preference, visit the Electronic Frontier Foundation page.

Website users who send Do Not Track signals will not experience an adverse effect on their experience with the Website.

How long do you keep the information I've provided you?

We keep the information you have given us for as long as your Ad Profile stays active or hidden. By accessing and updating your email notification preferences, personal information and public information You have the opportunity to opt-out of certain communications and modify personal information or demographic information you have provided to us, and to hide information visible to the public users of the Website at anytime by going to the 'Settings' -> 'Notifications' section on your Ad Profile.

Please be aware that it may take several hours for any custom changes you make to take effect on the public areas of the system. Please also note that changing or deleting your information through the 'Notifications' section of the system, or opting-out of email notifications from us, will only change or delete the data in our database for the purpose of future activities and communications. These changes and deletions will not change or delete information or emails that are queued to be sent or have already been sent.

Your PII will be deleted from our systems (other than records kept as required by applicable law or for general backup, archival or record keeping purposes) if your account is inactive for 24 months.

Unsolicited Contact (SPAM)

Ayala does not send unsolicited email at any time. Members are automatically opted in to receive email messages to the email address they register on their Ad Profile. You may opt-out of receiving email messages at any time. Any abuse or evidence of unsolicited email that appears to have been initiated from us, directly or indirectly, should be brought to the immediate attention of our compliance officer by using the Contact Form or by tapping the More (...) tab in the App, then tap on Contact Us.

Do you monitor online behavior?

Our users communicate with each other through on-site Mail Messaging. While we do not, as a rule, moderate or monitor members' private exchanges, we reserve the right to do so if we suspect users of being under the age of 18 or of using our service for the purpose of solicitation or any other violation of our Terms&Conditions or Privacy Policy. Submissions that appear on the public area of the site are moderated and, if necessary, we reserve the right to edit, delete, remove or not use any communication on a public area of the site.

Security

We treat data as an asset that must be protected against loss and unauthorized access. To safeguard the confidentiality and security of your PII, we use industry standard practices and technologies including but not limited to "firewalls", encrypted transmission via SSL (Secure Socket Layer) and strong data encryption of sensitive personal information when it is stored to disk. However, because the internet is an open network, we cannot warrant or guarantee that your PII is safe from unauthorised access or use. Non-PII and PII may be kept on computer systems operated by third parties. We will take reasonable precautions against unauthorised access and disclosure by those third parties.

Access to PII

Your PII remains yours. You may request access to, or the correction or deletion of, your PII that is held by us by editing that information through the registered access section of our Website or using the contact details set out at the end of this Privacy Policy and we will provide access to, delete it or correct it in accordance with our obligations under the applicable privacy legislation.

How to contact us

If you wish to contact us about this Privacy Policy, including requesting corrections to your PII, you can contact us at info at Ayalaapp.mobi.

Introduction

Ayala is committed to protecting your privacy. We aim to provide trustworthy, industry-leading products and services so that you can focus on building meaningful connections. Our approach to privacy is to provide you with clear information about our data practices. That's why we've tried to keep legal and technical jargon to a minimum.

This Cookie Policy explains what cookies are, what types of cookies are placed on your device when you visit our website and how we use them.

This Cookie Policy does not address how we deal with your personal information generally. To learn more about how we process your personal information, please see our Privacy Policy.

What are cookies?

Cookies are small text files that are sent to or accessed from your web browser or your device's memory. A cookie typically contains the name of the domain (internet location) from which the cookie originated, the "lifetime" of the cookie (i.e., when it expires) and a randomly generated unique number or similar identifier. A cookie also may contain information about your device, such as user settings, browsing history and activities conducted while using our services.

Are there different types of cookies?

First-party and third-party cookies

There are first-party cookies and third-party cookies. First-party cookies are placed on your device directly by us. For example, we use first-party cookies to adapt our website to your browser's language preferences and to better understand your use of our website. Third-party cookies are placed on your device by our partners and service providers. For example, we use third-party cookies to measure user numbers on our website or to enable you to share content with others across social media platforms.

Session and persistent cookies

There are session cookies and persistent cookies. Session cookies only last until you close your browser. We use session cookies for a variety of reasons, including to learn more about your use of our website during one single browser session and to help you to use our website more efficiently. Persistent cookies have a longer lifespan and aren't automatically deleted when you close your browser. These types of cookies are primarily used to help you quickly sign-in to our website again and for analytical purposes.

What about other tracking technologies, like web beacons?

Other technologies such as web beacons (also calls pixel tags or clear gifs), tracking URLs or software development kits (SDKs) are used for similar purposes. Web beacons are tiny graphics files that contain a unique identifier that enable us to recognize when someone has visited our service or opened an e-mail that we have sent them. Tracking URLs are custom generated links that help us understand where the traffic to our web pages comes from. SDKs are small pieces of code included in apps, which function like cookies and web beacons.

For simplicity, we also refer to these technologies as "cookies" in this Cookie Policy.

What do we use cookies for?

Like most providers of online services, we use cookies to provide, secure and improve our services; including by remembering your preferences, recognizing you when you visit our website, and personalizing and tailoring ads to your interests. To accomplish these purposes, we also may link information from cookies with other personal information we hold about you.

When you visit our website, some or all of the following types of cookies may be set on your device.

Cookie   type	Description
Essential   website cookies	These   cookies are strictly necessary to provide you with services available through   our website and to use some of its features, such as access to secure areas.
Analytics   cookies	These   cookies help us understand how our website is being used, how effective marketing campaigns are, and help us customize and improve our   websites for you.
Advertising   cookies	These   cookies are used to make advertising messages more relevant to you. They   perform functions like preventing the same ad from continuously re-appearing, ensuring that ads are properly   displayed for advertisers,   selecting advertisements that are based on your interests and measuring the   number of ads displayed and their performance, such as how many people clicked on a given ad.
Social   networking cookies	These   cookies are used to enable you to share pages and content that you find   interesting on our website through third-party social networking and other   websites. These cookies may also be used for advertising purposes too.

How can you control cookies?

There are several cookie management options available to you. Please note that changes you make to your cookie preferences may make browsing our website a less satisfying experience. In some cases, you may even find yourself unable to use all or part of our site.

Browser and devices controls

Some web browsers provide settings that allow you to control or reject cookies or to alert you when a cookie is placed on your computer. The procedure for managing cookies is slightly different for each internet browser. You can check the specific steps in your particular browser help menu.

You also may be able to reset device identifiers by activating the appropriate setting on your mobile device. The procedure for managing device identifiers is slightly different for each device. You can check the specific steps in the help or settings menu of your particular device.

Social Cookies

To allow you to share content on social media, some features of this website use social media plugins (e.g., Twitter™ "Share to Twitter"; or LinkedIn™ "in" buttons). Depending on your social media account settings, we automatically receive information from the social media platform when you use the corresponding button on our website.

To learn more about social media cookies, we suggest you refer to your social media platform's cookie policy and privacy policy.

Google™ Cookies

Stuff Google Wants to Make Sure You Know about Google's Data Collection Technology

Google Analytics

We use Google Analytics, which is a Google service that uses cookies and other data collection technologies to collect information about your use of the website and services in order to report website trends.

You can opt out of Google Analytics by visiting www.google.com/settings/ads or by downloading the Google Analytics opt-out browser add-on at https://tools.google.com/dlpage/gaoptout.

We're always listening to you...

If you have an idea, suggestion, issue, or something else you want to talk about, don't hesitate to email us and we will reply to you as soon as we can.For Ayala news and announcements, please contact us at support@ayala.chat

Support

All things technical and app related.

support@ayala.chat

Provider Information

For Users who live outside the European Union:

       TurboDuck Software Technology Co., Ltd

       2461 Charmaine Lane Monticello, FL 32344

       Legal Representative – Tony H Dillion, CEO

       Website Host – Amazon Web Services

You may view Ayala's Terms of Service.

To find out more about Ayala's policy on the protection of the personal data of its users, please consult the Privacy Policy