1. INTRODUCTION
We, Coral candid Technologies Pvt. Ltd., a
company registered under the Companies Act, 2013 having its office at 600, Sangita
ellipse, Tejpal Scheme, Sahakar Road, Plot No. 32, Vile Parle (East), Mumbai - 400057,
(“Company”, “Coral candid”, “we”, “our”,
“us”), offer the Services (“Services”) to our Registered Users.
We respect the privacy of everyone who uses
the Application. This privacy policy (“Privacy Policy”) describes the
procedures for collecting, using, and disclosing Personal Information, which You share
with us for availing the Services or accessing the Application. This Privacy Policy
should be read with the Terms of Use of the Application (“Terms of Use”) as
updated from time to time. We recommend that You read this Privacy Policy so that
You understand our approach towards the use of Your Personal Information.
By agreeing to avail the Services or by
creating a user account on the Application and by submitting Your Personal Information,
You consent to the collection, transfer, processing, storage, disclosure and other uses
thereof as described in this Privacy Policy.
2. DEFINITIONS
Capitalized terms used and not defined in
this Privacy Policy, shall have the same meaning ascribed to them in the Terms of Use.
3. GOVERNING STATUE
This Privacy Policy is governed by the
Information Technology (Reasonable Security Practices and Procedures and Sensitive
Personal Data or Information) Rules 2011, which is designed to protect Personal
Information; other relevant laws, and our policies.
4. PERSONAL INFORMATION WHICH IS COLLECTED
We collect personal information of
Registered Users and Sub-users such as names, contact details, e-mail IDs
(“Personal Information”). Registered Users and Sub-users may have to provide
additional information as may be necessary from time to time for enabling the Company to
provide Services.
Registered Users shall collect and provide
to us certain Personal Information of Sub-users such as their name, contact details,
e-mail ID while giving them access to Application for using Services. We shall not
verify or authenticate such Personal Information of Sub-users as provided by Registered
Users to us. We shall not be held responsible for getting an access to Personal
Information of Sub-users as a part of providing Services. Registered Users shall also
provide Personal Information relating to advertisement, design, artwork, product
information, business objectives and details, details of prospective or target
customers, their social media property, campaign objective, their fee budget and content
which shall be shared with the Company, on the Application. The Company will not be
responsible for truthfulness or validity of the information provided by the
Registered Users.
You understand and acknowledge that in order
to provide better Services, we may either directly or through a trusted third party
service providers identify the patterns of usage of the Application and/or the Services
by Registered Users and Sub-users, with the help of analytical tools developed either by
us or by any such third-party service providers.
5. HOW WE USE YOUR PERSONAL INFORMATION
Personal Information that we collect is used
to contact You, to provide You the Services, improve the quality of Campaigns and Your
experience of the Application, to improve our Services, provide value addition to
content of your data, manage our relationship with You and develop our present and
future services, provide information of these services to You and provide guidelines to
users for advertising through the Application and generating and publishing reports in
related industry journal and on the world wide web. We will not sell, share or disclose
Your Personal Information with any third party without Your consent, except as provided
for in this Privacy Policy. Personal Information shall be shared by us with trusted
third parties in course of providing services with no liability to us.
Company provides certain support services
during the normal working hours of the Company. Agree and understand that, while
providing these support services, the conversation during these calls shall be recorded
for internal training purposes.
We reserve the right to send You certain
communications relating to the Application, such as service announcements,
administrative messages and information regarding existing and new services. You may
also provide us with access to information which is already publicly available, or
becomes publicly available to us in the future. You understand and acknowledge that any
such information we may collect cannot be accorded the protections of this Privacy
Policy.
You understand and agree that for the
purposes of certain campaigns or advertisements on social media platform, you would be
required to grant the Company or its representatives access to your fan page or profiles
of the respective social media platform. You confirm that the Company shall not be under
an obligation to verify your authority for granting the access required by the Company
or its representative. You shall not raise any claim against the Company or its
representative for the grant for such access and use of your fan page or profile on the
respective social media platform.
You understand and acknowledge that by
granting this right to use and access your social media properties, the Company or its
representatives shall have the right to make any changes to your social media pages for
running the campaigns and advertisements.
The access granted herein shall also be used
to administer, monitor and optimise the campaigns. As part of the Campaign, we may
comment on the advertisement inserts or share the same to increase its reach. Other than
as provided herein, we shall not create new messages or posts, or respond to any other
messages or interactions available on your social media pages.
We shall not, at any point of time, be
responsible for maintaining your social media account or your social media pages.
You shall be solely responsible for all the contents posted or available on your
social media account or social media pages.
Please note that If any suspicious activity
is noticed on the social media pages, then the Company should be notified of the same
immediately, so that the Company could undertake appropriate actions against such
suspicious activity. You understand and agree that at no point shall be Company be
liable to refund the advertising campaign cost for any claims arising out for these
campaigns on social media platforms.
6. INTERACTION BETWEEN YOU AND THE COMPANY:
We are interested in your views, and we
value the Feedback (defined below) we receive from you. You therefore may receive calls,
messages or emails, to know your feedback for the Services provided by the
Company.
Subject to any applicable law, any communication sent by you via the calls,
messages or emails or us (including without limitation contents, images, audio, feedback
etc. collectively "Feedback") is on a non-confidential basis, and we are under
no obligation to refrain from reproducing, publishing or otherwise using it in any way
or for any purpose. We can use the Feedback, including without limitation any ideas,
inventions, concepts, techniques or know-how disclosed therein, for any purpose
including without limitation developing, or marketing Services. You agree you will not
assert any ownership right of any kind in the Feedback (including without limitation
copyright, patent, trademark, unfair competition, moral rights, or implied contract) and
you hereby irrevocably waive the right to receive any financial or other consideration
in connection with the Feedback, including without limitation acknowledgment of you as
the source of the Feedback. Your submission of any Feedback shall constitute an
assignment to us of all worldwide rights, titles and interests in all copyrights and
other intellectual property rights in the Feedback. For this reason, we ask that you do
not send us any Feedback that you do not wish to assign to us, including any
confidential information, Personal Information or any original creative materials. You
shall be responsible for the content and information contained in any Feedback shared by
you, including without limitation for its truthfulness and accuracy. The Feedback to be
given is not compulsory and you may opt not to give your Feedback.
7. ACCESSING AND MODIFYING PERSONAL INFORMATION
Registered Users may make necessary changes
to their Personal Information. Sub-users can make necessary changes to their Personal
Information by intimating the same to the Registered Users.
You shall keep Personal Information updated
to help us better serve You better. We shall not be responsible for Your modifications
to any Personal Information.
We may send You certain notifications,
including but not limited to, Service related notices or notices regarding a change to
any of our policies. For example, we may send You a notice regarding server problems,
scheduled maintenance to the Application, newsletters, promotions, marketing and offers
if any, advice on networking on the Application. These notices may be sent through an
email or an SMS. You may opt out of these communications, by unsubscribing through the
Application.
8. DATA RETENTION
We will retain Registered User’s and
Sub-user’s Personal Information for as long as Registered Users are using the
Services offered by Application. We may also retain and use Your Personal Information as
necessary to comply with our legal obligations, resolve disputes, and enforce our
agreements. Subject to this section, we will try to delete Your Personal Information
upon reasonable written request for the same. Please note, however, that there might be
latency in deleting Personal Information from our servers.
9. SECURITY
We value Your Personal Information, hence we
shall make commercially reasonable efforts to ensure an adequate level of protection. We
have therefore implemented technology and policies with the objective of protecting Your
Personal Information from unauthorised access and improper use. As a matter of security
we take back-up of systems periodically. Although we provide appropriate firewalls and
protections, our systems are not hack proof. Data pilferage due to unauthorized hacking,
virus attacks, technical issues is possible and we take no liabilities or
responsibilities for it.
The Sub-users are responsible for all
actions of their user account and password. Therefore, we do not recommend the Sub-users
to disclose their password to any third party. If the Sub-users choose to share their
account and password or any Personal Information with third parties, they shall be
solely responsible for the same. If the Sub-users lose control of their password, they
may lose substantial control over their Personal Information and may be subject to
legally binding actions.
10. ANONYMIZED DATA
We may also use Your Personal Information
collected to create aggregate anonymized data. We shall ensure that such anonymized data
will not be directly identifiable to You or to the Personal Information shared with us.
We may use this anonymized data for any purpose including but not limited to research,
analytics, and to improve our Services. By using this Application, You provide us the
right to use Your Personal Information to create anonymized data and use it for our
business purposes.
11. COOKIES
We may set “cookies” on the use
of the Application by You. Cookies are small encrypted files, that the Application
transfers to Your computer’s hard drive or on Your mobile / tablet device or
through any such device through which You may access the web through Your web browser
that enables the Application to recognize Your browser and capture and remember certain
information.
12. OTHER MONITORING PROGRAMS
For security purposes and to ensure the
availability of the Application, we may also use software programs and tools to monitor
network traffic, to identify unauthorized attempts to upload or change information, or
otherwise cause damage to the Application.
13. DISLCOSURES
Affiliates:
We may provide Personal Information that we collect to our affiliates. For
example, we may disclose Personal Information to our affiliates in order to respond to
Your requests for information or Services.
Business Partners:
We may use certain trusted third party companies and individuals to help us
provide, analyse, and improve the Services including but not limited to data storage,
maintenance services, database management, credit bureaus, rating agencies, web
analytics, payment processing, and improvement of Application’s features. These
third parties may have access to Personal Information only for purposes of performing
these tasks on our behalf or for us and under obligations similar to those in this
Privacy Policy. We may disclose Your Personal Information to partners who perform
business functions or hosting services on our behalf and who may be located outside of
India.
Service Providers:
We may share Your Personal Information to the service providers, who are
working with us in connection with the operation of the advertising Services or
Application, so long as such service providers are subject to confidentiality
restrictions consistent with this Privacy Policy.
Persons Who Acquire Our Assets or Business:
If we sell or transfer any of our business or assets either partly or fully, certain
Personal Information may become part of that sale or transfer. In the event of such a
sale or transfer, we may notify You of such sale or transfer.
Legal and Regulatory Authorities:
We may be required to disclose Your Personal Information due to legal or regulatory
requirements. In such instances, we reserve the right to disclose Your Personal
Information as required in order to comply with our legal obligations, including but not
limited to complying with court orders, warrants, or discovery requests. We may also
disclose Personal Information about our Users to law enforcement officers or others, in
the good faith that such disclosure is reasonably necessary to enforce this Privacy
Policy; respond to claims that any Personal Information violates the rights of
third-parties; or protect the rights, property, or personal safety of Company, our Users
or the general public. You agree and acknowledge that we may not inform You prior to or
after disclosures made according to this section.
14. ACCESS TO THE APPLICATION
Registered Users shall ensure that they have
requisite authority to share Personal Information with us. In the event Registered Users
are acting on behalf of a Company, partnership or an organization or any other similar
entity, we would assume that Registered Users have the necessary authority to act on
behalf of such entity.
15. DATA UPLOADED BY YOU
You acknowledge that You shall be
responsible for data uploaded by You on the Application and we do not have any control
over the such data. You understand that the data analysed by us is dependent on content,
artwork and design provided by You.
Registered Users acknowledge that the
Company shall not be responsible for data uploaded by Sub-users and shall not entertain
any claims related to the same from any third party.
We assume and you confirm that you have the
necessary rights and permissions to upload and share the logos, photos, videos etc. to
be provided herein. Any claims, losses, damages arising out of or in relation to the
such logos, photos, videos etc. shall be solely borne by you and you shall indemnify the
Company for any damages or losses incurred by the Company, in this regard.
16. DATA CREATED AND OWNERSHIP
We understand and acknowledge that the
ownership or the intellectual property rights (IPR) in and to all artwork or creatives
developed for Registered Users on the basis of the information provided by them, by the
Company, either through the online tool of the Company or by the personal customisation,
shall remain with the Company. Therefore, these artwork or creatives shall always be
licensed to the Registered Users for the digital advertising done through the Platform.
Any re-use of the said artwork or creatives, by downloading the same, shall be subject
to additional charges to be paid to the Company. We confirm that the artwork or the
creatives made using the Registered User's company logo and information will not be
used for any other Registered User or any other purpose.
Further, it is clarified that, the
information provided by the Registered Users for the said artwork or the creatives,
whether in form of an image, text, video or audio, shall be owned by the respective
Registered User and such Registered User shall be solely liable for such information and
shall comply with all the legal obligations or issues regarding such information.
Further, the Registered User understands and
acknowledges that the that there would be various templates or architectures, which
would be available with them to create their advertisements, these template designs and
architectures shall always remain the property of the Company and the Registered Users
shall not claim or assume any ownership on these templates or architectures.
17. NEWSLETTERS AND UPDATES FROM THE COMPANY:
As part of our Service, we may send you
regular newsletters, and various updates released by us, from time to time. If you wish
to opt out from these newsletters and updates, you may do so by notifying us through an
email.
18. SOCIAL MEDIA
Your Campaign shall uploaded on social media
platforms as opted by you. You may wish to participate in social media events or
arrangements hosted by Company on certain social media platform. The main aim of the
social media events is to facilitate and allow You to avail the Services. However, we
cannot be held responsible if You share Personal Information on social media platforms
that is subsequently used, misused or otherwise appropriated by another User or any
third party. 1
19. RESERVATION OF RIGHTS
All rights not expressly granted in this
Privacy Policy are reserved by Company and its licensors, as the case may be. Nothing
contained in this Privacy Policy shall be construed as conferring by implication,
estoppels or otherwise any license or right under any copyright, patent, trademark or
other intellectual property right of Company or any other person or to Registered Users.
20. INDEMNIFICATION
You shall indemnify and hold us harmless
from and against any claims arising out of or relating to: (i) Personal Information and
data You upload for the Services or on the Application (ii) Your violation of any rights
of any other person in connection with the Application (iii) Your use of the Application
or its features.
21. LIMITATION OF LIABILITY
Company shall not be liable for any damages,
direct or indirect, incidental or consequential, and all liabilities (including for
negligence, loss or damage such as loss of revenue, unavailability of system or loss of
data) and for use of or inability to use products or services of any kind that is
offered or to provide indemnity or any other remedy to You or any third party. It is
Your responsibility to ensure that You use the correct devices for accessing and using
the Application and to protect from anything that may damage it.
22. DISPUTES
Any dispute arising, between You and Company
shall be governed under the laws of India and courts of law at Mumbai shall have
exclusive jurisdiction over such disputes.
23. CHANGES TO THESE POLICY
From time to time we may make changes to
this Privacy Policy and notify You by posting an updated version of the Privacy Policy
on the Application. Please check the Application on a regular basis. Continued use of
the Application after such changes shall constitute your consent to be bound by such
changes.
24. CONTACT US
In case of any Service deficiency of
Application, You can write to us on
support@mediaqart.com