Privacy Policy
Last Updated: 28th January 2022
This privacy policy ("Privacy Policy") governs the manner in which: (i) Qyuki Digital Media Private Limited ("Qyuki" or "Us" or "We" or "Our" or "Company") collects, uses, and discloses information collected from users (each, a "User" or "You") via the website 'www.qyuki.com' ("Website") in relation to Qyuki's original show on YouTube titled "ARRived" ("Show") or any forms/information including but not limited to personal details and audio/ video content submitted through online or offline channels by participants of the Show ("Ancillary Channels") collectively referred to as Platform ("Platform").
This Privacy Policy applies to the Platform collection of audio-video submissions for audition of the Show, and related services of optimisation, monetisation, video production, public relations, content strategy, digital marketing, technology and performance and collaborations for the participants of the Show ("Audition Video/ Services") offered by Qyuki for the show.
Please read the following terms of the Privacy Policy carefully to understand Our practices regarding your personal data and how We will treat it. This Privacy Policy sets out the basis on which any personal data We collect from You, or that You provide to Us, will be processed by Us. Please read the ARRived Terms of Use available at [https://arrivedseries.com/terms-conditions] and Privacy Policy carefully before proceeding, as by using the Website and/or accessing the Services provided by ARRived, You signify Your agreement with this Privacy Policy. This Privacy Policy applies to all Users and creators in relation to the Website and Services and by using the Website and Services you expressly understand, acknowledge and agree to comply with this Privacy Policy. ARRived's Terms and condition of use ("Terms of Use") is hereby incorporated into this Privacy Policy by reference as though fully set forth herein.
We will handle personal data in accordance with the terms of this Privacy Policy. If any intended use of personal data goes beyond the purposes envisioned during collection, We will notify You of such new purpose(s) to use your personal data.
1. DATA COLLECTION
1.1. In the course of rendering the Services, We may collect, use, store and transfer different kinds of personal data about You, including but not limited to identity data, contact data, transaction data, device data, content data, profile data and usage data.
1.2. We may also collect, use, and share aggregated data such as statistical or demographic data for any purpose. However, if We combine or connect aggregated data with your personal data so that it can directly or indirectly identify You, We will treat the combined data as personal data and it will be used in accordance with this Privacy Policy.
2. SOURCES OF DATA COLLECTION
2.1. Information given by the User: This is the information, including identity, contact, audition tapes/ audio-video content, mailing address, email address, photograph or any other attitudinal or demographic information from You, submitted through the Platform. Furthermore, it includes information You provide when You use the Website, avail our Services, access/use a relevant channel/account on a Partner's platform, participate in a promotion or survey, or other activities commonly carried out in connection with the Platform.
2.2. Information obtained about User: Each time You visit our Website, Platform, or a relevant channel/account on a Partner's platform, We may automatically collect information including the internet protocol (IP) address, User login information, browser type, browser information, browser plug-ins, time zone setting, operating system, device, content, and usage data. Further, the Website also collects information about the User's visit, including the full uniform resource locators (URL) clickstream to, through and from the Website (including date and time); page response times, download errors, length of visits, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call the Company's customer service number. We collect this data using cookies and other similar technologies.
2.3. Information We receive from other sources including third parties and publicly available sources: We may receive personal data about You from various third parties and public sources as set out below:
2.3.1. Analytics providers;
2.3.2. Advertising networks;
2.3.3. Search information providers; and
2.3.4. Identity and contact data from publicly available sources.
3. Sensitive Personal Data and Information
3.1. The Website shall in no manner solicit any "Sensitive Personal Data and Information" on the Website in relation to Users unless required for the purposes of the Show. This Sensitive Personal Data or Information is collected after taking the User's consent and by accepting the terms of this Policy, the User agrees to disclosure of his/her Sensitive Personal Data or information by ARRived. "Sensitive Personal Data and Information" of a person (as defined under Rule 3 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011) means such personal information which consists of information relating to:
3.1.1. password;
3.1.2. financial information such as bank account or credit card or debit card or other payment instrument details;
3.1.3. physical, physiological, and mental health condition;
3.1.4. sexual orientation;
3.1.5. medical records and history;
3.1.6. biometric information;
3.1.7. any details relating to the above clauses as provided to body corporate for providing service; and
3.1.8. any information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.
3.2. Any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or under any other law would not be regarded as sensitive personal data or information for the purposes of this Policy.
4. DATA USAGE
4.1. Qyuki/ ARRived may use a User's personal data for the following purposes:
4.1.1. To run marketing campaigns, ads, surveys, newsletters, promotions and/or other Platform features.
4.1.2. To improve provision of Services.
4.1.3. To improve search engine optimisation (SEO) in relation to the Platform and its affiliates.
4.1.4. We may use personal data to understand how our Users use the services and resources provided on our Website.
4.1.5. We may use contact details to respond to your inquiries, questions, and/or other requests. If User joins our mailing list, they may receive emails that may include company news, updates, related product, or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, We include detailed unsubscribe instructions at the bottom of each e-mail.
4.1.6 To comply with legal or regulatory requirements.
5. MEASURES TO PROTECT USER DATA
5.1. We are committed to protecting your personal data and respecting your privacy. We implement certain security measures including encryption, firewalls, and socket layer technology to protect your personal data from unauthorised access and such security measures are in compliance with the security practices and procedures as prescribed under the Information Technology Act, 2000 ("IT Act"), the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (collectively referred to as "Applicable Laws"). However, You agree and acknowledge that the above-mentioned measures do not guarantee absolute protection to the personal data and by accessing the Platform and submitting personal data, You agree to assume all risks associated with disclosure of personal data arising due to breach of firewalls and secure server software.
5.2. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to the Platform and any transmission is at your own risk.
6. SHARING YOUR PERSONAL INFORMATION
6.1. You understand that when You consent to providing Us with your personal information, You also consent to Us sharing the same with third parties in order for Us to provide You the Services. We shall not sell/ trade/ transfer your personal data to any third parties without your consent.
6.2. You are aware that by using/availing services via our Platform, You authorise Us, our associate partners, and affiliates to contact You via email, phone, or otherwise. This is to ensure that You are aware of all the features of the Platform.
6.3. You authorise Us to send You electronic alerts for details pertaining to service requirements, and advertising.
6.4. Further, You agree to receive promotional and other emails and other forms of communication from Us. Through such communication, You will receive information about the latest developments on the Platform, updated in relation to our associate partners and information in relation to changes/revisions in the Company's Privacy Policy. You may unsubscribe from our mailing list at any time, via the unsubscribe/opt out option We offer.
6.5. You are aware that any and all information pertaining to You, whether or not You directly provide it to Us (via the Platform or otherwise), including but not limited to personal correspondence such as emails or letters, instructions from You etc., may be collected, compiled, and shared by Us in order to render Services and You expressly consent to the same.
7. WARRANTY BY THE USER OF INFORMATION PROVIDED
7.1. The User shall not provide any false, deceptive, or misleading information on the Website or by any other means, under any circumstances whatsoever. The User shall also ensure that if there is any change in any information or details provided, the User shall promptly update the Company of such change, as the case may be, and continue to keep all information updated and correct at all times.
7.2. The User shall ensure that before posting any information or content on the Website or submitting the same to ARRived, the User has all necessary rights, ownership, authorization, or permissions to submit or share such information or content on the Website or to otherwise act on behalf of any person whom the User purports to act on behalf of.
7.3. ARRived may remove, in its sole discretion and without being obliged to give notice or reasons, any information submitted on the Website in the event that such information does not comply with laws, rules or regulations for the time being in force, or if the same violates the Company's policies or rights of third parties, or which otherwise violates or does not comply with the terms or which the Company deems is otherwise inappropriate.
8. COOKIES
8.1. We may use cookies and/or other tracking technologies to distinguish You from other users of the Platform and to remember your preferences.
8.2. We may collect data by way of "cookies". Cookies are small bits of information that are sent to your browser from the Platform and are stored on your computer or device (hard drive). Cookies remember information about activities on the Platform. If a User has chosen to disable cookies on his or her browser, some of the functionality of the Platform may be lost. Certain services provided by Qyuki, may require that cookies be enabled in a User's browser and may not be used when cookies are disabled.
9. THIRD-PARTY MARKETING
We will seek your consent before We share your personal data with any third party for marketing purposes.
10. OPTING OUT
You can ask Us or third parties to stop sending You marketing messages or e-mails at any time by following the opt-out links on any marketing message or e-mails sent to You or by contacting Us at any time.
11. THIRD PARTY LINKS
The Platform may include links to third-party websites, plug-ins, and partner Platforms. Clicking on those links or enabling those connections may allow third parties to collect or share data about You. We do not control these third-party websites and are not responsible for their privacy policies or statements. When You leave our Platform, We encourage You to read the privacy policy of every website You visit. For more information about our Partner platform's Privacy policies, please refer to their policy.
12. CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES
12.1. It is important that the personal data We hold about You is accurate and current. Please keep Us informed if your personal data changes during your relationship with Us.
12.2. We may amend this Privacy Policy from time to time, at our sole discretion. If there are substantial changes in the way your personal data is being used, We will notify You by posting the changes on the Privacy Policy page and issuing updates through the contact information provided.
13. DATA RETENTION
13.1. We do not retain your sensitive personal information (such as passwords and any other information that is classified as "sensitive" under the Applicable Laws) for longer than is required for the purposes for which the information may be lawfully used. For any other content, we will entertain your request for deletion, however, there is a strong possibility that copies of any public content will be retained indefinitely in our systems, including in cached and archived pages of the Platform, or if other users have copied or saved that information.
13.2. In addition, due to the nature of the internet, copies of your content, including content that you have removed or deleted from your account, may also exist elsewhere on the Internet, and be retained indefinitely.
14. NO REPRODUCTION
The Website and the content provided thereon may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of the Website and/or the materials contained thereon may violate applicable copyright, trademark or other intellectual property laws or other laws.
15. BUSINESS TRANSITIONS
15.1. In the event that We go through a business transition, such as a merger, acquisition by another organisation, or sale of all or a portion of our assets, your personal data might be among the assets transferred.
16. PARTNER PLATFORMS
16.1. By virtue of Qyuki entering into various agreements with different Partners (and their platforms), music labels etc., information pertaining to statistical/demographic data might be shared with Qyuki's Partners and affiliates from time to time in an anonymized manner.
17. GRIEVANCE OFFICER
17.1. Any and all communication relating to any data safety, privacy, Platform usage concerns or grievance experienced by the User may be communicated to Qyuki by contacting our Grievance Officer, established in accordance with the Applicable Laws, using the contact details provided below:
Name: Nayona Roy
Address: Qyuki Digital Media Private Limited, 2nd Floor, Hari Niwas Building, 30th Cross Road, Bandra (West), Mumbai- 400050
Email Address: [email protected]
17.2. As required under the Applicable Laws, the Grievance Officer shall acknowledge the complaint expeditiously and resolve the issue within a period of fifteen days from the date of the receipt of the complaint.
17.3. Please carefully read the User Conduct requirements stipulated in our Terms of Use before accessing the Website and/or Services. Violation of the Terms of Use/Privacy Policy by a User/creator may lead to the termination or restriction of the User's/creator's access to the Website/Services.
18. INTERMEDIARY STATUS AND NO LIABILITY
18.1. We are an intermediary as defined under Applicable Laws. This Privacy Policy is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Company's role is limited to providing Services, as stated hereinabove.
18.2. Company/ ARRived does not control what You or other people may or may not do on the Platform and We are thus, not responsible for the consequences of such actions (whether online or offline). Company/ ARRived is not responsible for services and features offered by others, even if You access them through Our Services. Our responsibility for anything that happens on Our Platform or through Our Services is strictly governed by the laws of India and is limited to that extent. You agree that We will not be responsible for any loss of profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising to You or any other person related to this Privacy Policy, even if We know they are possible. This includes when We delete your information.
18.3. Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers. We and some of Our subsidiaries and affiliates, servers, vendors, and service providers may not be located in your jurisdiction and may be located outside of your jurisdiction.
19. LIMITATION OF LIABILITY
19.1. We do not assume any liability with respect to any loss or damage, arising directly or indirectly due to any inaccuracy or incompleteness of any information or a breach of any warranty or guarantee due to the actions of any User of the Platform.
19.2. The Platform and Services are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the Platform including its uninterrupted, timely, secure, or error-free provision or correction of any errors.
19.3. In no event shall We, or any of Our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable for any special, incidental, punitive, direct, indirect, or consequential damages suffered as a consequence of a breach of this Privacy Policy by another User or arising out of the use of or the reliance on any of the Services or the Platform.
19.4. In the event any exclusion contained herein is held to be invalid for any reason and We or any of Our affiliate entities, officers, directors, or employees become liable for loss or damage, then, any such liability shall be limited to not exceeding the charges or amounts paid to Us for use of the Platform or the Services in the month preceding the date of the claim.
20. INDEMNIFICATION
20.1. You agree to indemnify, defend, and hold harmless the Company, ARRived, and Our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns from and against any claim, proceeding, loss, damage, liability, cost, demand, or expense (including but not limited to attorney's fees) of any kind arising out of:
20.1.1. Your access to or use of the Platform and Services;
20.1.2. Any breach by You of Your obligations under the Terms of Use and Privacy Policy;
20.1.3. Your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right;
20.1.4. Any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; or
20.1.5. Your negligence or wilful misconduct.
20.2. This obligation will survive the termination of our Privacy Policy.
21. GOVERNING LAW AND DISPUTE RESOLUTION
This Privacy Policy shall be governed by and construed and enforced in accordance with the laws of India and courts in Mumbai shall have exclusive jurisdiction over all issues arising out of this Privacy Policy.
22. SEVERABILITY
The invalidity or unenforceability of any part of this Policy shall not prejudice or affect the validity or enforceability of the remainder of this Policy. If any provision of this Policy is held to be illegal, invalid, or unenforceable in whole or in part in any jurisdiction, this Policy shall, as to such jurisdiction, continue to be valid as to its other provisions and the remainder of the affected provision; and the legality, validity, and enforceability of such provision in any other jurisdiction shall be unaffected.
This document is the sole statement of ARRived 's Privacy Policy and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid.
This Privacy Policy was last modified on the date indicated above and is effective immediately.
We reserve all rights not expressly granted to You.
Copyright © ARRived
