Last Updated: 28th January 2022
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.
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:
3.1.2. 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.
6.5. 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.
8.2. 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
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.
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.
18. INTERMEDIARY STATUS AND NO LIABILITY
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.
19.4. 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.
20.1. 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;
20.1.3. 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.
21. GOVERNING LAW AND DISPUTE RESOLUTION
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.
We reserve all rights not expressly granted to You.
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