Privacy Policy

Effective date: 18.12.2023

  1. INTRODUCTION
  1. This privacy policy defines the manner in which StreamShreek uses personal data of the users visiting our websites, interacting with us and using our services. It also informs the users what rights they have and how they are protected by the law.
  2. It is important for every user to read this privacy policy in order to be able to use the websites and services of StreamShreek in an informed manner (including the knowledge on how data are used and why they are used).
  3. If you have any questions or you would like to exercise your right to privacy, you should follow the instructions contained in this privacy policy. The StreamShreek team is available to help you.
  1. DATA CONTROLLER
  1. Your personal data are controlled by StreamShreek (Le Pear Societé Marketing with its registered office in Dubai, United Arab Emirates, F11/F12 IT Plaza, Dubai Silicon. You can contact StreamShreek in the following manner: stream@StreamShreek.com.
  1. STATEMENT ON THE COPPA
  1. The website and the services of StreamShreek contain information which is not addressed to children (persons below the age of 13). This website as well as services and websites related thereto (including services and websites of partners of StreamShreek) are not intended for children, and StreamShreek does not knowingly collect data about children.
  1. DATA BEING COLLECTED
  1. StreamShreek collects various information about its customers and guests when it is provided to StreamShreek or when the users use services of StreamShreek or when StreamShreek collects such information from another source. Collected data can be assigned to the following categories:

Identification data

First name and surname, platform, user name on that platform and profession (source of generated traffic). In the case of contact through social media – also the user name in these media.

If you entered into a contract for lease/rental of advertising space and want to withdraw money, Identification data refers also to: (i) your age (required for verification of legal capacity) and (ii) EID (Emirates Identification) if such number has been assigned and you co-partner with us as a firm. 

If you are a minor and/or do not have full legal capacity, Identification data refers also to (iii) first name, surname email address of your legal guardian (required for the confirmation of the contract).

Contact data

First name and surname, user name, email address. In the case of contact through social media – also the name in the relevant media. If you subscribe to the newsletter or agree on receiving promotional information, Contact data refers only to the data provided via the subscription form (obligatory data: name and email address).

If you entered into a contract for lease/rental of advertising space and want to withdraw money, Contact data refers also to your street address (required for tax purposes). 

If you are a minor and/or do not have full legal capacity, Identification data refers also to first name and surname, email address and street address of your legal guardian (required to confirm the contract and for tax purposes).

Data related to image

Image of a person who has concluded a contract with StreamShreek (lease/rental of advertising).

Financial data

Bank account number. If you are a minor and/or do not have full legal capacity, Financial data refers to a bank account indicated by your legal guardian. 

Technical data

Internet protocol address (IP), browser type and version, settings and location of the time zone, types and versions of browser plug-ins, operating system and platform, other technologies applied in devices employed by the user in order to access this website.

User data

Information about the manner of use of the website or services (tracking of behaviour).

Tracking data

Information that is collected about the user by StreamShreek or other entities using cookies and similar tracking technologies, such as web beacons, pixels and mobile device identifiers.

Recruitment data

First name and surname, date of birth, contact data (phone number, email address, residence), education, professional qualifications, history of previous employment. 

  1. StreamShreek collects, shares and uses Aggregated data (statistical or demographic data), which, nonetheless, do not constitute personal data. If these data are merged by StreamShreek with data allowing for the user identification, aggregated data are treated by StreamShreek as personal data.
  2. StreamShreek does not collect sensitive data (data of special category), including data revealing one’s racial or ethnic origin, religious beliefs, data concerning sexual life and orientation, political views, information about health and diseases as well as biometric and genetic data.
  3. If the user decides not to share some data with StreamShreek, it may result in the inability to perform serviced provided by StreamShreek. In the event when the consent is required by the law, it is always voluntary. However, when processing data, StreamShreek does not rely only on the user’s consent, but also on other bases for data processing.
  4. If the user decides not to share some data with StreamShreek, it may result in the inability to perform services provided by StreamShreek. In the event when the consent is required by the law, it is always voluntary. However, when processing data, StreamShreek does not rely only on the user’s consent, but also on other bases for data processing.
  1. MANNER OF DATA COLLECTION
  1. StreamShreek uses various methods of personal data collection, that is:

Direct interactions

The user provides data directly to StreamShreek. The provision is performed upon registration (conclusion of a contract), contact by mail or by phone and contact through social media, or upon performance of the contract (lease of advertising space). In this manner, we collect Identification data, Contact data, Data related to image, Financial data and Recruitment data.

Automated activities

Data are collected automatically during interactions with StreamShreek (also through the website) by cookies and analytic tools. In this manner, we collect Technical data, User data and Tracking data. We may also collect Aggregated data. In automated activities, we only use Google Analytics and Hotjar.

From third parties

Data are provided by entities which are external in relation to StreamShreek (including entities providing tracking services, statistical services, etc. as well as entities providing solutions related to logging-in, e.g. Google Sign-In), if these entities have a legal basis for such provision. This basis usually consists in the user’s consent. In this manner, we collect Technical data, User data and Tracking data. We may also obtain Financial data (payments operators) and, upon authentication, Identification data and Contact data (social portals, streaming portals). Necessary personal data may be obtained by StreamShreek also through API placed in portals of business partners of StreamShreek and entities providing services for StreamShreek.

StreamShreek’s websites uses YouTube API Services. Users using websites and solutions provided by YouTube API Services are bound by and are obligated to comply with the YouTube’s Terms of Service (available at www.youtube.com/t/terms), and their data are processed in accordance with Google’s Privacy Policy (available atwww.google.com/policies/privacy). Users, in addition to the rights provided for in this policy (section 13), can revoke StreamShreek’s access to use the data via Google’s security settings page (available at security.google.com/settings/security/permissions).

  1. MANNER OF USE OF DATA
  1. The manner of use of data by StreamShreek is contingent upon the purpose for which these data have been provided or obtained:

If we perform a contract which has already been concluded or if we want to conclude a contract.

For example, if the user logs in to lease advertising space.

If it is justified by the interests of StreamShreek or by the interests of third parties, and the interests of the user do not override them.

For example, if we have a reasonable suspicion of fraud; if StreamShreek wants to inform the user about new services.

If StreamShreek must perform a legal obligation imposed on it.

For example, for the purpose of tax settlement.

  1. However, as a rule, StreamShreek uses data for the purpose of:
    a. performance of services provided by electronic means, and in the case of users with whom a contract has been concluded – also for the purpose of performance of that contract; b. performance of other services; c. handling of inquiries, requests and orders; d. marketing activities (marketing of own products); e. analysis and improvement of the functioning of websites and services provided by StreamShreek; f. development, repair or tests of various functionalities; g. recruitment process;
  1. LEGAL BASIS FOR DATA COLLECTION. RETENTION
  1. StreamShreek regularly checks the data it holds and the validity of the basis for its processing. 
  2. StreamShreek may process personal data on the following legal bases:

Performance of a contract or action prior to its conclusion

Data are retained for a period that is necessary for the contract to be performed, terminated or otherwise dissolved.

Identification data, Contact data, Data related to image and Financial data

Direct marketing (general; excluding newsletter)

Data are stored for the period of existence of a legitimate interest pursued by StreamShreek. 

Contact data

Newsletter 

Data is stored till the consent is withdrawn. 

Contact data 

Keeping accounts

Data are stored for a period required by the legal provisions obliging StreamShreek to maintain accounts (five years calculated from the beginning of the year following the financial year concerned by the data).

Identification data, Contact data and Financial data

Responding to an inquiry

Data are stored for the period of existence of a legitimate interest pursued by StreamShreek, however, no longer than for a period necessary to respond to inquiries sent.

Identification data, Contact data

Determining, pursuing or defending against claims

Data are stored for the period of existence of a legitimate interest pursued by StreamShreek, however, no longer than for the period of limitation of claims in relation to the data subject. The limitation period is defined by the law, in particular, by the provisions of the Civil Code (the basic limitation period for claims related to conducting business activity is three years, and in the case of a sales contract – two years).

Identification data, Contact data and Financial data

Ensuring security, data protection and protection against fraud

Data are stored for the period of existence of a legitimate interest pursued by StreamShreek, however, no longer than for the period of limitation of claims in relation to the data subject. The limitation period is defined by the law, in particular, by the provisions of the Civil Code (the basic limitation period for claims related to conducting business activity is three years, and in the case of a sales contract – two years).

Identification data, Contact data, Data related to image and Financial data

Recruitment process 

Data is stored for a period that is necessary for the recruitment process for a specific job. If a check-box with a consent was selected the legal basis for the data is stored till the consent is withdrawn.

Recruitment data

 

 

  1. THE RIGHTS OF DATA SUBJECTS
  1. The data subject (the user) has the following rights:

The right of access, rectification, limitation, erasure or portability

The data subject has the right to request the following from StreamShreek: access to their personal data, their rectification, erasure (“the right to be forgotten”) or limitation of their processing, the right to object to their processing and the right to data portability.

The right to withdraw the consent at any time

The person whose data are processed by StreamShreek based on the consent given has the right to withdraw the consent at any time without affecting the legitimacy of the processing performed based on the consent prior to its withdrawal. If you did not find a dedicated tool to withdraw the consent please email us on stream@StreamShreek.com.

The right to lodge a complaint with the supervisory body

The person whose data is processed by StreamShreek has the right to lodge a complaint with the legal courts of Dubai.

The right to object

At any time, the data subject has the right to object – for reasons related to their specific situation – to the processing pertaining to their personal data or (f) (legitimate interest), including profiling based on these provisions. In such an event, StreamShreek will no longer be able to process such personal data, unless it proves the existence of important, legitimate grounds for the processing, overriding the interests, rights and freedoms of the data subject, or any grounds for determining, pursuing or defending claims.

The right to object to direct marketing

If personal data are processed for the purpose of direct marketing, the data subject has the right to object, at any time, to the processing pertaining to their personal data for the purposes of such marketing, within the scope in which the processing is related to such direct marketing.

  1. The exercise of rights of the data subject is performed by contacting StreamShreek using the contact details indicated in the introduction to the policy.
  1. PROFILING
  1. StreamShreek does not perform profiling.
  1. DATA PROVISION
  1. As a rule, data collected by StreamShreek are not shared with third parties. However, StreamShreek may:
    a. share data of persons who have concluded a contract with StreamShreek (lease of advertising space) with advertisers at the stage of their deciding about cooperation with StreamShreek, as well as information about the implemented campaigns;
    b. share data of persons who have used the services of StreamShreek with entities supporting StreamShreek in the provision of services, such as payment processors or providers of analytic tools (e.g. Google Analitycs, Google Workspace);
    c. provide data to law enforcement authorities, supervisory bodies, entities performing public tasks or other entities, if the obligation to provide data results from the legal provisions.
    The provision of data must always be performed based on the legal provision or the relevant contract (outsourcing of personal data processing).
  2. Data may be shared outside the MENA, whereby StreamShreek ensures that adequate security measures are provided. In particular, StreamShreek concludes the relevant contracts (standard contractual clauses) in order to secure personal data being transmitted, and provides data to those countries for which MENA has issued a decision acknowledging the appropriate level of protection.
  1. Social media
  1. The liability for collecting and further processing of personal data of the user at social media portals shall be borne by the entity providing the portal. The owner of such portal shall collect information, including personal data, in relation to the user’s visits to the portal (also visits without registration). StreamShreek is only the operator of the website or account created as part of the social media portal, and the scope of data collected by StreamShreek in this way is limited. In addition, in the case of  some social media portals (for instance, Meta/Facebook), the scope of data to which StreamShreek may gain access is determined by the settings of the account user.
  2. Social media additionally provide StreamShreek with Aggregated Data that are not personal data. All other data obtained by StreamShreek come from direct interactions with StreamShreek (e.g. replying to threads, posting queries) that we describe in point 5 of this Privacy Policy. Such data are processed in accordance with the relevant legal basis set forth in point 7 of this Privacy Policy.
  3. The user is not obliged to provide StreamShreek with personal data, but the entity providing a given portal may condition the operation of a specific portal function on the provision of such data (e.g. sending a private message always involves the provision of user data, that is account name). Within the above-mentioned scope the user has certain rights, as described in point 8 of this Privacy Policy. 
  4. At StreamShreek websites you can find the so-called social media plugins that direct you to social media portals. Their basic function is to redirect you to the relevant resources of the social media portal (for instance, StreamShreek fan page at Facebook/Meta). What is more, such plugins may provide information about visits to the StreamShreek website directly to the entity providing a given social media portal. It only happens when the visitor to the StreamShreek website is also logged in at the portal.

Terms of Use for StreamShreek.com

Definitions

StreamShreek: means a company under the business name of Le Pear Societé Marketing, with its registered office in United Arab Emirates, Dubai, F11/F12 IT Plaze, Silicon Oasis

T&C: means these Terms and Conditions of Contracts (T&C) used by StreamShreek to enter into Contracts and regulate other interactions with StreamShreek;

Parties (Partie): means the Streamer and/or StreamShreek;

Contract: means the legal relationship between StreamShreek and the Streamer, established based on the T&C, based on what the Streamer agrees to provide StreamShreek for a fee with the option to display advertising contents on the website or subpage managed by the Streamer. Alongside the Contract’s conclusion StreamShreek provides the account, as provided in Appendix 1.

The T&C have been divided into internal editorial units (chapters, points). Regardless of the division used, the T&C is a comprehensive whole, and none of its parts can be interpreted out of context and separately from the others.

By concluding the Contract, the Streamer agrees that a confirmation of its conclusion will be sent via email, in the form of a Docusign file. This fulfils the obligation to provide the Contract and the Terms and Conditions in fixed form. In addition, StreamShreek will provide a direct-download link to a withdrawal form.

StreamShreek’s contact details including email, phone number, and office address.

Email: Stream@streamshreek.com

Phone: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

General Remarks

T&C is a document created by StreamShreek. This document applies to all Streamers providing StreamShreek with the option to display advertising content on a website or subpage they own or manage.

Appendix 1 applies to other users (non-registered; who have yet to conclude the Contract) using the functionalities available on or provided by StreamShreek.com or StreamShreek.

The provisions of the T&C may not be changed or limited by the content included in orders, working arrangements, conversations or any other communication. The T&C may be changed only in the form provided in section 14 (“Change of T&C” ).

Cooperation with StreamShreek does not mean establishing a new company, partnership, or joint venture. The Parties are independent partners, and each undertakes to respect the economic independence of the other Party (neither Party is an employee, agent or partner of the other).

Subject of the Contract

The subject of the Contract is the paid provision by the Streamer to StreamShreek with the option to display advertising content on a website or subpage managed by the Streamer (in an active stream window). This means that the Streamer provides Internet media, for a specified time, for posting and maintaining contents provided by StreamShreek at a specified Internet address (lease/rental of advertising space on a website or subpage managed by the Streamer).

Access to advertising space is provided for the period specified by the Streamer in their account and accepted by StreamShreek. At the same time, the Streamer acknowledges that usage of the advertising space depends on other contracts that StreamShreek enters into. Consequently, StreamShreek may not use the advertising space, and such action shall not violate inStreamly’s obligations, which the Streamer acknowledges and accepts.

Fulfilment of the obligations provided in the Contract is possible only after installing and correctly configuring software provided by inStreamly.

Registration and Conclusion of the Contract

These T&Cs are effective as of the date the Streamer registers and accepts the conditions stated herein.

The Contract is entered into electronically by creating an account and submitting a declaration by the Streamer (via the form provided by StreamShreek) regarding the acceptance of the T&C. Creating an account requires confirmation of data (authentication) via an external service (e.g. Twitch or Youtube). The Contract is entered into the moment StreamShreek sends an email confirming the creation of the account (data transfer from the sender’s server). A traditional signature is not required to conclude the Contract.

StreamShreek aims to simplify the formalities in relations with Streamers as much as possible. In some cases, StreamShreek may require additional authentication from Streamers before or after entering the Contract. In particular, StreamShreek may request that the Streamer submit the following:

an excerpt from the National Court Register or another register proper for the Streamer’s country (in the case of a Streamer being a legal person or an organisational unit without legal personality) or a certificate of entry in the Central Register and Information on Economic Activity or another register proper for the Streamer’s country (in the case of a registered sole proprietorship run by the Streamer);

data indicated and determined individually (like data from their Emirates ID that allows verifying the Streamer’s age) by StreamShreek in the case of the Streamer being a natural person or in the case of natural persons acting for the Streamer;

Tax residence certificate.

StreamShreek may be obliged to tax the Streamer’s revenues in UAE; therefore, StreamShreek requires Streamers outside UAE being a legal person or an organisational unit without legal personality to present tax residence certificates, if required. Such Streamer can work with StreamShreek without the certificate, but StreamShreek may withhold 20% of funds earned by such Streamer until the certificate is provided. The payment is withheld for tax settlements with the Emirati tax office. Such Streamer is not entitled to charge interest on the withheld payment.

One Streamer can enter into one Contract.

The Streamer must provide authentic data, including contact details and communication language.

Terms of Cooperation with Streamers

The Streamer must be:

a natural person who is at least 13 years old and has the legal guardian’s consent. Please note that by entering into the Contract, the Streamer represents that they are at least 13 years of age and the Streamer’s parent or legal guardian agrees on the conclusion of the Contract and accepts these T&C;

a natural person who is at least 18 years of age and has full legal capacity;

a legal person or organisational unit onto which the law confers legal capacity.

It is not required to perform the Contract for the purposes directly related to the commercial, business or craft activity or liberal profession (as a natural person who is not a consumer).

Cooperation with StreamShreek is only possible if the Streamer has, and throughout the contract term shall have, full rights to manage the page or subpage, a part of which is available to StreamShreek to enable the display of advertising content.

StreamShreek may suspend the use of advertising space made available and refuse to continue using this space in the event of detecting a failure to comply with the provisions above. StreamShreek shall inform the Streamer about this fact by email.

 

Content and Use Guidelines

Cooperation with StreamShreek is only possible if the Streamer’s website or subpage, as well as all contents published on such website or subpage throughout the entire term of the Contract, meets the requirements of T&C.

The Streamer represents and guarantees that the website or subpage, during the time of the Contract, contents no:

illegal and/or socially unacceptable content such as pornography (including soft pornography), hate, racism, discrimination, sexism and objectifying of women or men (including nudity and partial nudity) or content related to violence, harassment, illegal drugs or gambling, (including, slots and non-money gambling);

materials that violate copyright rights;

live or non-live materials that the Streamer does not own;

goods or services or content that: (i) do not meet the requirements of the law; (ii) are commonly considered as offensive, vulgar, racist, discriminatory (etc.); (iii) violate good manners; (iv) otherwise may expose the advertised entities or StreamShreek to any harm, including loss of reputation. This includes promoting competitors of the advertised entities.

Additionally, the Streamer represents and guarantees that the website or subpage, during the time of the Contract, meets the following requirements:

is not a non-content-based website or is a website imitating content (these include, but is not limited to, a website dedicated to showing ads or dedicated to reusing content);

is not a website created to imitate other websites or content (these include, but is not limited to, imitating third-party websites);

is not a website created to provide sham or illusory content to provide unlawful content and/or socially unacceptable content (mentioned above) and/or other content that is prohibited according to section 7 of T&C (these include, but is not limited to, pool-chatting, AMSR).

The Streamer represents and guarantees that through the website or subpage, during the time of the Contract, no actions shall be taken that could potentially affect the number of views of the Streamer’s website or subpage or the number of clicks on the advertising link. In particular, this applies to:

using bots, buying viewers, using fake accounts or influencing the natural rate of user interaction with advertising link (these include, but is not limited to, repeated manual clicks or impressions, automated click and impression-generating tools and the use of robots or deceptive software, encouraging users interactions, placing misleading images or placing misleading labels next to the space);

unnatural traffic source (these include, but is not limited to, third-party services that generate views, and paid viewers);

incorrect settings or change of settings of Streamer’s website or StreamShreek’s software leading to incorrect display of ads, including the limitation or extension of the availability and displaying of the Streamer’s website or subpage or the availability of the displayed ads (these include, but is not limited to, changing the display options that resulted in not displacing ads, changing the size of ads, placing ads outside the screen or below other content, displaying multiple ads at the same time, incorrect language settings that changes website’s or subpage’s availability).

StreamShreek may suspend the use of the provided advertising space and refuse to continue using this space in the event of detecting a failure to comply with the points above. StreamShreek shall inform the Streamer about this fact by email.

The configuration guide describes technical requirements for installing and configuring StreamShreek software, enabling the Streamer to provide StreamShreek with the option to display advertising content on a website or subpage managed by the Streamer is available here:

  1. Open your streaming software. Click “Add new source” & choose “Browser” source
  2. Copy-paste your streaming code into OBS (link is available in your streamer dashboard – https://streamer. streamshreek.com/streaming-code/text/)
  3. Set dimensions to width: 1920, height: 1080, FPS: 30
  4. Enable setting “Shutdown when not visible”
  5. Lock the layer. Do not move or scale the source after the configuration
  6. Put the source on top of your scene and add it to your every scen

As the subject of this Contract is the paid provision by the Streamer to StreamShreek with the option to display advertising contents on a website or subpage managed by the Streamer, local binding law may require to label the stream during the transmission in which StreamShreek uses that advertising space (e.g. by indicating ‘sponsored’ or similar). The Streamer is obligated to label the stream and is solely responsible to third parties and to StreamShreek for correctly labelling the transmission.

Monitoring and Compliance

The Streamer’s websites or subpages may be monitored by StreamShreek to check if the Contract is being performed correctly. If it is suspected that the Streamer is violating the Contract’s provisions, StreamShreek, until receiving credible explanations, may suspend the use of the provided advertising space or refuse further use. StreamShreek shall inform the Streamer about this fact by email.

StreamShreek may specify, at the same time, the actions that the Streamer must take to resume the use of such space by StreamShreek, setting the deadline for their implementation (for instance, making a proper configuration of inStreamly’s software).

Image and Copyright

By entering into the Contract, the Streamer grants free-of-charge consent to StreamShreek for the use and dissemination of (non-exclusive, transferable, without geographical limitations license in the fields of exploitation specified by the Labor Ministry):

its materials made available on websites or subpages managed by the Streamer during the term of the Contract;

its materials uploaded to StreamShreek through any available means (including upload tools and social media messages);

for purposes:

related to the promotion of StreamShreek’s activities (e.g. dissemination on websites, in social media and advertisements);

related to the preparation of case studies, reports and statistics and using those (including publication) in or by StreamShreek;

of reporting on the performance of StreamShreek’s obligations towards third parties (brands);

related to the preparation of guides and tutorials of how to use StreamShreek’s tools and making those publicly available (e.g. publication of StreamShreek’s website); and

related to settlements.

Additionally, the Streamer grants free-of-charge, corresponding to the scope of the license described above, consent to StreamShreek for the use and dissemination of its image, nickname, name and surname made available on websites or subpages managed by the Streamer or uploaded to StreamShreek through any available means (including, upload tools and social media messages). That consent is given for the same purposes as the license described above.

The license and these consents are granted for the term of the Contract and two years following its termination.

Remuneration and Payment Terms

The remuneration shall depend on using the advertising space on a website or subpage managed by the Streamer (number of views), not the usage time. In case of a T&C violation, the Streamer is not entitled to the remuneration accrued during or after that violation (for instance, after implementing bots).

The Streamer shall be entitled to the remuneration for implementing the Contract specified for a given advertising content. Due to the costs related to the bank transfers and their handling, their optimisation and adjustment of fees to the cost of StreamShreek’s operations StreamShreek may introduce limits on the amounts of remuneration that can be withdrawn.

The remuneration shall be paid on condition that StreamShreek receives (only one of the following):

  • Correctly issued VAT invoice. In such case, the payment shall be increased by VAT; or
  • correctly issued receipt.

Both of these documents must specify a payment term of 30 (thirty) days from the date of submission of the document to StreamShreek. By submission, the Parties mean sending the document and data transfer to inStreamly’s server.

The Streamer shall be solely responsible for fulfilling all fiscal and tax obligations and obligations related to the social security system and all other public law obligations applicable to the Streamer following the legal provisions in force in their jurisdiction (country of residence or domicile) and StreamShreek’s jurisdiction.

The Streamer shall not be entitled to payment for the time in which the use of the provided advertising space was suspended and in the event of refusing to use such space, regardless of the cause of such suspension or refusal, as long as it does not constitute a breach of the T&Cs.

Liability

StreamShreek shall not be liable if the Streamer provides false or outdated information when entering into the Contract, including false or outdated Streamer’s data, as well as for the lack of updating such data by the Streamer despite their change. The preceding shall also apply to false statements made by the Streamer when entering into the Contract.

The Streamer shall be fully liable for all actions and omissions undertaken by themselves or using managed websites or subpages, any contents made available or introduced, and any breach of the Contract.

Separate points of the T&C define scope of liability for sole proprietors, firms, and consumers.

Liability clauses for StreamShreek, streamers, and advertisers.

Complaints and Dispute Resolution

StreamShreek’s liability shall be excluded to the fullest extent permitted by law. In particular, StreamShreek shall not be liable for the consequences, including any damage to the Streamer or third parties, resulting from:

acts or omissions of entities for which StreamShreek is not responsible, including, in particular, for failures, unavailability or malfunctioning of IT systems of telecommunications operators, activities of hackers or other third parties undertaking measures aimed at obtaining funds by deceit or interference in data processing;

force majeure circumstances;

extensions, changes, restrictions or ceasing to offer some or all of the functions, tools or campaigns, including those available at the time of concluding the Contract;

actions taken by StreamShreek following the Contract;

as well as all other actions and circumstances that have not arisen through the fault of StreamShreek (intentional fault).

The Streamer shall be fully liable for all actions and omissions undertaken by themselves or with the use of managed websites or subpages, any contents made available or introduced, any breach of the Contract, and shall also be liable to the extent that StreamShreek is not liable for it. The Streamer’s liability shall include actual losses and lost benefits, including all costs incurred by StreamShreek to protect it against claims filed against StreamShreek. The Streamer shall be solely liable for meeting the legal requirements in their jurisdiction related to the appropriate marking of space provided to StreamShreek to display advertising content. This may concern, in particular and with consideration given to the legal qualification of the Streamer’s services in a given jurisdiction, the provision of information about the possibility of displaying advertising content for a product or service on a website or subpage, or that the stream is sponsored or contains product placement. StreamShreek and other entities shall not and may not be liable for failure to comply with the abovementioned obligation by the Streamer.

The Streamer undertakes to replace or join StreamShreek, in all proceedings pending in connection with the Contract, to indemnify StreamShreek, and to satisfy claims against third parties or to cover recourse claims, refund adjudicated costs, fines, punitive damages, etc.

Contract Duration, Termination, and Amendments

In the event of non-performance or improper performance of the Contract by StreamShreek, the Streamer may file a complaint. Complaints should be submitted: with the use of the contact form on the www. StreamShreek.com page; by email to the following address: Stream@ streamshreek.com;

The complaint must contain at least:

  • data enabling the Streamer identification;
  • the most detailed description of the problem, indicating the time it occurred and the extent of the irregularity;
  • expectations of how StreamShreek is to solve the problem.
  • StreamShreek may leave complaints that do not contain the above elements unexamined.

StreamShreek processes complaints as soon as possible, within a maximum of 14 (fourteen) days from the date of their receipt. In case of no reply, the complaint shall be deemed settled in the StreamShreek’s favour.

After considering the complaint, StreamShreek provides information about the method of examining it through the same means of communication used to file the complaint unless the Streamer specifies another preferred means of communication in the complaint.

 

Terms covering duration, termination, and amendment of contractsCommunication Protocols

The contract is entered into for an indefinite period.

The Streamer may terminate the Contract at any time using the account deletion functionality provided by StreamShreek.

StreamShreek may terminate the Contract:

  • at any time, by deleting the Streamer’s account in case of incorrect configuration of inStreamly’s software, intentional or unintentional. In case of intentionally incorrect configuration, as of violation of section 4 of T&C; in case of unintentional incorrect configuration, as of violation of section 7 of T&C;
  • at any time, by deleting the Streamer’s account in case of a breach of section 6 or 7 of T&C;

at any time, by deleting the Streamer’s account, in case of multiple contracts concluded by the same Streamer, as of violation of section 5 of T&C;

at any time, by deleting the Streamer’s account, in case of the provision of false information by the Streamr, as of violation of section 5 of T&C;

at any time, by deleting the Streamer’s account, in case of absence of communication with the Streamer, as a violation of section 16;

without any reason after a 30-day notice period.

Contract Termination by StreamShreek requires a statement sent in the electronic form to the email address provided as the address for communication.

The parties do not provide for the possibility of amending the Contract, except for changes resulting from the change to T&C.

The Streamer may only withdraw from the Contract within 14 days from the conclusion of the Contract if a reason is given. Legal notes on withdrawal and model withdrawal statements are set out in Appendix no 2. However, by giving consent to display advertising content during those 14 days, the Streamer loses that right because StreamShreek performed the service in full.

Official communication channels and responsiveness expectations.

Governing Law and Jurisdiction

T&C may be subject to periodic updates in the case of:

  • changes in relevant laws or regulatory requirements;
  • the need to adapt the functionalities made available by StreamShreek to the obligations, judgments, decisions, indications or guidelines of regulatory authorities resulting from the decision of a public administration authority or court ruling regarding StreamShreek;
  • StreamShreek removal, changing or addition of functionality by inStreamly.
  • StreamShreek T&C, valid when the Streamer provides StreamShreek the option to display advertising content on their website or subpage, shall be applicable until the end of the started campaigns.

StreamShreek shall announce changes in T&C in advance by sending an electronic statement to the Streamer’s email address provided during the account creation process. The advance period cannot be less than 30 (thirty) days.

The lack of termination of the Contract by the Streamer after changing T&C shall mean accepting the changes made by StreamShreek and an appropriate change to the Contract.

 

Legal jurisdiction and governing law for disputes.

The provisions of the Contract and the resulting obligations shall be subject to Dubai law.

Should any disputes arise from the Contract, the Parties undertake to resolve them amicably, and, if not possible, the Parties shall submit them to the decision of the local competent court having jurisdiction over the registered office of StreamShreek.

For matters not covered by the provisions of the Contract, the applicable provisions of the law, in particular the Labour Ministry, shall apply.

In the case of Streamers who are consumers, the abovementioned does not exclude the protection afforded to Streamers under the mandatory provisions of the law. That includes mandatory provisions regarding the court’s jurisdiction.

The Streamer, a consumer or sole proprietor treated as a consumer, can use the out-of-court procedure to handle complaints and pursue claims. Information on how to access the aforementioned dispute resolution mode. The Streamer, who is a consumer or a sole proprietor treated as consumer, can use the Labour Ministry platform.

APPENDIX 1: services provided by electronic means

StreamShreek provides services by electronic means. Services are as follows:

  1. Contact form: This service allows for sending an electronic text message to StreamShreek, without the need to use your mailbox. To use this service, it is enough to enter the following data into the right boxes: (a) name (optional for Streamers that do not want to contact as StreamShreek’s client), (b) email address, and (c) contents of the message. Other data is not mandatory. All boxes in the form are described and contain a prompt on what data should be entered. The contract is concluded upon using the form that is sending the message. The contract is concluded for the time of service performance, that is, sending the message to StreamShreek;
  2. Newsletter: This service consists of the information about StreamShreek being repeatedly sent to the email address given in the subscription form. To use this service, it is enough to enter the following data into the right boxes: (a) name and (b) email address. Other data is not mandatory. This service can be provided only to the user’s address that takes out the subscription, which excludes the possibility of entering another (somebody else’s) address. The contract is concluded at the subscription time, sending the form to inStreamly. The contract is concluded for the time of service performance, that is, until the user unsubscribes from the newsletter or StreamShreek stops sending it;
  3. Account: This service consists in creating and maintaining the account with the Streamer’s data. The use of this service starts with the conclusion of the Contract. As part of this contract, the Streamer can manage their data and services as part of this contract. The contract is concluded upon concluding another contract, i.e. the Contract, as referred to in the T&Cs. The contract is concluded for the time of service performance until the contract is terminated. One Streamer can have only one account.

The services described above are provided free of charge.

When using the services, it is prohibited to provide unlawful or misleading content and to undertake actions that might cause interferences or damage to the IT systems of StreamShreek. The services are provided without interruptions, subject to technical breaks necessitated by maintenance, modernisation or repair operations.

To properly use the services, it is required to have:

  1. a computer with Internet access and a browser;
  2. an active electronic mail account;
  3. Twitch or YouTube account (mandatory only for the account holders, i.e. Streamers concluding the Contract).

Users have the right to file complaints concerning the performance of services, regardless of the possibility to file complaints concerning the services arising from the Contract. The complaints should be filed and processed by StreamShreek in the same way as in the T&C (section 12).

APPENDIX 2: Legal note on withdrawal and model withdrawal statement

Within 14 days of concluding the Contract, the Streamer may withdraw from the Contract without any reason. This does not apply if the Streamer’s advertising space has been used to provide advertisement services.

Withdrawal can be made by contacting StreamShreek in any form. Alternatively, a model form can be used:

WITHDRAWAL

(this form is to be completed and returned only if you wish to withdraw from the contract)

………………….

Here insert Streamer’s data

I …………………. hereby withdraw from the Contract for the lease of advertising space concluded with StreamShreek. The date of the agreement is ……………………………………….. and was concluded with the following data:

  1. Account: …………………. ;
  2. Email: ………………….

………………….

Here insert Streamer’s name and surname