PRIVACY POLICY

 

Last Updated: 28th January, 2022

 

This privacy policy ("Privacy Policy") governs the manner in which: (i) Qyuki Digital Media Pvt. Ltd ("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") or any forms/information submitted through online or offline channels ("Ancillary Channels") collectively referred to as Platform (“Platform”).

 

This Privacy Policy applies to the Platform and the related services, inter alia, optimisation, monetisation, video production, public relations, content strategy, digital marketing, technology and performance and collaborations (“Services”) offered by Qyuki.

 

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 Terms of Use available at https://qyuki.com/terms-conditions and Privacy Policy carefully before proceeding, as by using the Website and/or accessing the Services provided by the Company, 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. The Company’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/fees, 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.

 

1.3.         We may also collect, use and share aggregated data such as statistical or demographic data obtained from your access/usage of the relevant accounts/channels on our Partners’ platform’s such as Youtube, Instagram, Josh etc. (“Partners”). We will treat the data obtained from the Partners’ platforms 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, 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 device, content and usage data. 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:

 

·         Analytics providers;

·         Advertising networks;

·         Search information providers; and

·         Identity and contact data from publicly available sources.

 

3.            DATA USAGE

 

3.1.         Qyuki may use a User’s personal data for the following purposes:

 

·         To run marketing campaigns, ads, surveys, newsletters, promotions and/or other Platform features.

·         To improve provision of Services.

·         To improve search engine optimisation (SEO) in relation to the Platform and its affiliates.

·         We may use personal data to understand how our Users use the services and resources provided on our Website.

·         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.

·         To comply with legal or regulatory requirements.

 

4.            MEASURES TO PROTECT USER DATA

 

4.1.         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.

 

4.2.         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.

 

5.            SHARING YOUR PERSONAL INFORMATION

 

5.1.         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 your personal data to any third parties without your consent.

 

5.2.         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.

 

5.3.         You authorise Us to send You electronic alerts for details pertaining to service requirements, and advertising.

 

5.4.         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.

 

5.5.         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.

 

6.            COOKIES

 

6.1.         We may use cookies and/or other tracking technologies to distinguish You from other users of the Platform and to remember your preferences.

 

6.2.         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.

 

7.            THIRD-PARTY MARKETING

 

7.1.         We will seek your consent before We share your personal data with any third party for marketing purposes.

 

8.            OPTING OUT

 

8.1.         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.

 

9.            THIRD PARTY LINKS

 

9.1.         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.

 

10.         CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

 

10.1.      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.

 

10.2.      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.

 

11.         DATA RETENTION

 

11.1.      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.

 

11.2.      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.

 

12.         BUSINESS TRANSITIONS

 

12.1.      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.

 

13.         PARTNER PLATFORMS

 

13.1.      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.

 

14.         GRIEVANCE OFFICER

 

14.1.      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 Pvt. Ltd., 2nd Floor, Hari Niwas Building, 30th Cross Road, Bandra      West, Mumbai 400050

Email Address: Nayona.roy@qyuki.com

 

14.2.      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.

 

14.3.      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.

 

15.         INTERMEDIARY STATUS AND NO LIABILITY

 

15.1.      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.

 

15.2.      Company does not control what You or other people may or may not do on the Platform or our Partners platforms and are thus, not responsible for the consequences of such actions (whether online or offline). Company 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.

 

15.3.      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.

 

16.         LIMITATION OF LIABILITY

 

16.1.      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 or Our Partners’ platforms.

 

16.2.      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.

 

16.3.      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.

 

16.4.      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.

 

17.         INDEMNIFICATION

 

17.1.      You agree to indemnify, defend and hold harmless Us, 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:

 

(i)            Your access to or use of the Platform and Services;

(ii)           Any breach by You of Your obligations under the Terms of Use and Privacy Policy;

(iii)          Your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right;

(iv)          Any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation; or

(v)           Your negligence or willful misconduct.

 

17.2.      This obligation will survive the termination of our Privacy Policy.

 

18.         GOVERNING LAW AND DISPUTE RESOLUTION

 

18.1.      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.

 

This document is the sole statement of Qyuki’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 © Qyuki Digital Media Private Limited