PRIVACY POLICY
THIS PRIVACY POLICY SETS FORTH HOW HODEK EDGE PRIVATE LIMITED USES AND PROTECTS ANY INFORMATION THAT YOU SUBMIT, ON THE MOBILE APPLICATION. THIS PRIVACY POLICY (AS DEFINED BELOW) APPLIES ONLY TO PERSONAL INFORMATION COLLECTED ON THE MOBILE APPLICATION. BY ACCESSING OR USING THIS MOBILE APPLICATION, YOU UNCONDITIONALLY ACCEPT AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT PROCEED FURTHER TO USE THE MOBILE APPLICATION.
Access to the Mobile application is subject to Terms of Use available on the Mobile application, capitalized terms used and not defined in this Privacy Policy, shall have the same meaning ascribed to them in the Terms of Use.
INTRODUCTION
This Privacy Policy (“Privacy Policy”) governs the privacy terms of the Mobile application, which is owned and operated by Hodek Edge Private Limited (“Company”). Whereby the Users can avail services such as Rental of Products listed by Product Listers as defined in the Terms of Use listed on the Mobile application (“Features”).
The terms “we”, “our” and “us” refers to Company and its affiliates, and the terms “you”, “your” or “Users” refers to the visitors or/and registered users having access to the Mobile application. “User Account” shall mean the account created for the registered Users after they provide us with the Personal Information required for registration.
If you are using the Features or accessing the Mobile application on behalf of a third party, you represent that you have the authority to bind such third-party to the terms and conditions of this Privacy Policy and, in such an event your use of the Features or the Mobile application shall refer to use by such third party. If you do not have such an authority (to provide any Personal Information of a third party) or do not agree to the terms of this Privacy Policy, then you should refrain from using the Features. Additionally, you agree that you have obtained a prior signed written consent from such third-party before uploading their Personal Information on the Mobile application. The User understands and acknowledges that such Personal Information shall be subject to the terms and conditions of this Privacy Policy.
We respect the data privacy rights and are committed to protecting the Personal Information collected on this Mobile application. This Privacy Policy sets forth the types of Personal Information we collect, how we use the information, with whom we share it, and the rights of and choices available to you regarding our use of the Personal Information. We also describe the measures we take to protect the security of the Personal Information and how you can contact us about our privacy practices and to exercise your data privacy rights.
INFORMATION WHICH IS COLLECTED
We may collect and store the following information in relation to the Features:
When you create an account on the Mobile application, we collect your Personal Information (as defined below) including but not limited to, your name, surname, mobile number, email address, shipment address, personal photo and/or selfie, government id proof and employment details(if applicable). Further, during your access and use of the Mobile application, we may learn and collect additional information from and about you which may become part of the Personal Information. For the purposes of this Privacy Policy, “Personal Information” means information that can be used to personally identify the User, including but not limited to the User’s full name, address (personal, delivery, business), mobile number, e-mail address, age, date of birth, selfie, government id, employment details, any pictures or videos that the User may upload on the Mobile application, sensitive Personal Information in relation to the User, and similar other information.
If you use a third party service provider like Facebook or Google to log in to the Mobile application (or later connect your Facebook or Google account to your User account) you authorize such third party service provider to share your Personal Information with us, and for us to receive such information, including but not limited to your name, mobile number and email address.
We also collect the Personal Information when other users upload, import or share your photos, messages, contact information and/or any other Personal Information belonging to you. We also collect the Personal Information with respect to your communication with other Users. We may collect Personal Information in the form of details and documents you post on the Mobile application, the messages you send to us, and correspondence we receive from other user or third parties about your activities or postings on our Mobile application.
Data: When you use or access the Mobile application, we may also collect and store additional information which may or may not personally identify you or be identifiable with other information collected. Such information includes, without limitation, your device specific information when you install, access, or use our Features, your hardware model, operating system information, browser information, internet protocol address, device identifiers, your usage and log information, information about whether you are online or offline, browser types, domain name, device locations, and other data involving your use of the Mobile application and/or our Features.
Public Sources:
Advertisers may provide us with information about their users or customers to personalize advertising or measure the performance of their advertisements. Public sources, such as census data, street addresses, property lot maps, and postal address change information, provide us with information that helps us understand our members and potential areas for expansion.
ACCESS TO THE MOBILE APPLICATION
Even though our Mobile application is not aimed at children under eighteen (18) years of age, and we will not directly collect, use, provide or process in any other form any Personal Information of persons under the age of 18 years deliberately, you may use the Mobile application even if you are below 18 years of age, provided your parent or guardian consents to such use by you. If you are not old enough to have authority to agree to our Terms, your parent or guardian must agree to our Terms on your behalf.
APPLICABLE LAW
This Privacy Policy is governed by the provisions of 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 the Company policies.
HOW WE USE PERSONAL INFORMATION
The Personal Information is collected and used to: (i) provide Features; (ii) create and administer your accounts and to improve the quality and your experience of the Mobile application and Features (iii) improve our Features and maintenance of the same; (iv) manage our relationship with you and develop our present and future Features and use the information to customize the Mobile application according to your interests.; (v) maintain and update our records; (vi) monitor suspected fraud, misconducts and unlawful activities and safety and security on the Mobile application. We will not sell, share or disclose your information with any third party without your consent, except as provided for in this Privacy Policy. We may also collect Personal Information when you interact with our customer service in order to assist you and to improve the operation of the Mobile application and the Features we offer.
You agree that we may also use the Personal Information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted advertisements, service offerings and communications relevant to your use of the Mobile application. By accepting this Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications on your account preferences page.
DISCLOSURES
As a rule, we do not share your Personal Information with third parties. We shall not sell your Personal Information. We may share your Personal Information with third parties in limited circumstances, including:
Personal Information shared with other Users: As a default setting, the Personal Information you share is only shared with or displayed for the Users with whom you have connected or with whom you interact through the Mobile application only after you have provided your consent for the same. However, in the event you chose to share the Personal Information with public at large, your Personal Information shall be displayed on the Mobile application and shall be visible to any and all users or visitors of the Mobile application.
Affiliates: We may provide Personal Information 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 Features.
Joint Marketing Arrangements: Where permitted by law, we may share your Personal Information with joint marketers with whom we have a marketing arrangement, we would require all such joint marketers to have written contracts with us that specify appropriate use of your Personal Information, require them to safeguard your Personal Information.
Advertising: You always have a choice as to whether or how you respond to an advertisement (for example, by replying or “thanking” them or by clicking to learn more about an offer). If you reply to an advertisement or other offer, we may share your reply with the advertiser, and we may log your interaction as part of tracking the overall effectiveness of the advertisement. Our systems are not currently configured to accept browsers’ “Do Not Track” signals, as no industry-wide standard for handling them has been adopted.
Business Partners: We may use certain trusted third party and individuals to help us provide, analyze, and improve the Features or provide marketing, developing, product development or consulting services, data storage, payment processing and other features related to the Service. These third parties may have access to your Personal Information only for purposes of performing these tasks and are under obligations similar to those in this Privacy Policy. We may disclose your Personal Information to service providers who perform business functions or hosting services on our behalf.
Persons Who Acquire Our Assets or Business: We transfer your Personal Information if we are acquired by / we acquire or merge with another entity or transfer a part of our business, including the Mobile application to a third party. Any third party or resultant entity that receives your Personal Information pursuant to a merger, demerger or business transfer shall have the right to continue to use your Personal Information.
Legal and Regulatory Authorities: We may be required to disclose your Personal Information due to legal or regulatory requirements. You understand that we may have to transfer and process information subject to applicable laws in India. We may also disclose your Personal Information to law enforcement officers or others, in the good faith belief 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 the 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.
COOKIES
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added, and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our Mobile application in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Cookie data which comes from “cookies” (small data files stored on your computer or mobile device) and similar technologies helps us recognize you, remember your preferences, and learn more about you. Not all cookie data is associated with your User Account. You can configure your browser to reject cookies but doing so may prevent you from logging onto our Mobile application.
A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Mobile application.
DATA RETENTION
We will retain your Personal Information for as long as your account is active or till the time, we are required to provide you the Features. We may retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information, upon reasonable request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions. We do not delete files that you have in common with other Users from our servers’ files.
ACCURACY OF INFORMATION
Please make sure that any Personal Information you share with us is accurate and up to date. If you are sharing any Personal Information on behalf of a third person, you should ensure that you are authorized to do so with signed written consent from such third party and the Company shall not be responsible for verifying the same.
If you believe that any information, we are holding on you is incorrect or incomplete, please write to us or email us at support@ispick.com as soon as possible, at the above address. Also, if it is found to be incorrect on internal review, we will promptly correct any information found to be incorrect.
SECURITY
We value your Personal Information; we will ensure an adequate level of protection. We have therefore implemented technology and policies with the objective of protecting your Personal Information from unauthorized access and improper use and will update these measures as new technology becomes available, as appropriate. To protect your Personal Information, we have implemented adequate technology. Your Personal Information is securely stored with our cloud service provider or technology infrastructure, as may be used by the Company, from time to time.
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. In addition, we have a secure socket layer certificate to secure all transactions.
You are solely responsible for all actions arising out of your User Account. Therefore, we do not recommend that you disclose your password to any third party. If you choose to share your user account and password or any Personal Information with third parties, you are solely responsible for the same. If you lose control of your password, you may lose substantial control over your Personal Information and may be subject to legally binding actions.
INTERACTION BETWEEN YOU AND THE COMPANY
We are interested in your views, and we value the Feedback (defined below) we receive from you, we therefore have a feedback option in the Mobile application to receive your feedback. However, we do not have control and are not responsible for any such Feedback or the Personal Information which you make available in the feedback in the Mobile application. We encourage you to be careful about what Personal Information you disclose in this way. Subject to any applicable law, any communication sent by you through the Mobile application to 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. 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 sent by you to the Mobile application or otherwise to us, including without limitation for its truthfulness and accuracy.
In the event, you participate in any interactive features of the Mobile application, participate in a survey, contest, promotion, sweepstakes, activity event, request customer support communicate with us via third party social media sites or otherwise communicate with us, we collect the data you submit for such participation, which may also include Personal Information. We would use such data, as per the terms of this Privacy Policy.
ACCESSING AND MODIFYING PERSONAL INFORMATION
In case you need to access, remove, review, and/or make changes to the Personal Information that you have provided to us, you may do so by login into your User Account. You may change your contact number, photos, etc. You can make changes in your profile at any time by accessing the Mobile application settings and therefore you take entire responsibility of such changes. You confirm that such changes shall be in accordance with the terms and conditions of this Privacy Policy. Company shall verify or authenticate the Personal Information and any changes made to the Personal Information by you and you can only make any transactions on the Mobile application only after such changes are approved by the Company.
THIRD PARTY LINKS
The Mobile application may from time to time contain hyperlinks to other websites or applications. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our Mobile application to another website or Mobile application does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or services which they provide. Company is not a party to any transaction between you and such website. Your use of such website is subject to the terms and conditions of that website, without any reference to this Mobile application.
INDEMNIFICATION
You agree to indemnify and hold us harmless from and against any claims arising out of, or relating to: (i) Personal Information and content that you submit or share on the Mobile application (ii) any products you rent, through the Mobile application, (iii) your violation of any rights of any other person in connection with the Mobile application.
RESERVATION OF RIGHTS
All rights not expressly granted in this Privacy Policy are reserved by the Company. 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 any other user.
LIMITATION OF LIABILITY
Company will 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 loss of your Personal Information and for use of or inability to use Features of any kind that is offered or to provide indemnity or any other remedy to you or any third party.
GOVERNING LAWS AND DISPUTES
The Privacy Policy shall be governed by and interpreted and construed in accordance with the laws of India. Disputes arising under the privacy policy shall be tried to be resolved amicably through a mediator appointed by consent of parties. If no amicable settlement is possible, such disputes shall be referred to a sole arbitrator, who shall be appointed by the Company. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996, as amended from time to time, and shall be held in Pune. The language of arbitration shall be English.
CHANGES TO THIS POLICY
Amendments to this Privacy Policy will be posted to this Mobile application and will be effective when posted. You will be informed about the amendments through a notification in the notification section of the User profile and also via pop up window. Your continued use of this Mobile application following any amendment, modification, or change of the Mobile application shall constitute your acceptance of the amendment. We request you to check this Privacy Policy on a periodic basis to ascertain if any additional considerations are involved with regard to your Personal Information.
CONTACT US
If you have questions or concerns or grievances or wish to make a complaint, regarding this Privacy Policy, please contact us at support@ispick.com