PRIVACY POLICY

Last updated on Jan 2014
Qyuki Digital Media Private Limited ("Qyuki") is concerned about the privacy of its users ("You") accessing its website located at www.qyuki.com ("Website") and has provided this privacy policy ("Policy") to familiarise You with the manner in which Qyuki collects, uses and discloses Your information collected through the Website.
BY USING THE WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS POLICY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, PLEASE DO NOT USE THIS WEBSITE.

1. Scope of the Policy

1.1
When You register with the Website or use the Website or the services available thereon, Qyuki may seek and collect certain personal and non-personal information, classified as mandatory or voluntary (collectively "Information"). Accordingly, whenever You use or register with the Website, You consent to the collection, use, and disclosure of the Information in accordance with this Policy. Therefore, please read the entire Policy before submitting Your Information on the Website.

2. Collection and Use of Personal Information

2.1
Personal information is data that can be used to uniquely identify or contact a single person ("Personal Information"). Personal Information for the purposes of this Policy shall include, but not be limited to, information regarding Your name, address, telephone number, date of birth, gender, e-mail address, etc.
2.2
The Website may collect Personal Information from You in various ways, including but not limited to, Personal Information Provided by You. This includes information provided by You when You register with the Website, create a User I.D., provide information in Your account, search for specific Content, upload or download Content, participate in any online survey or contest, communicate with Qyuki's customer service by phone, email or otherwise, participate in discussion boards or other community features, provide reviews for the Content available on the Website, or provide financial information required to make payments for obtaining a license to view or download any Content, or to create an account with Qyuki.
2.3
As indicated above, some of the Information that the Website may ask You to provide will be identified as mandatory and some as voluntary. If You do not provide the mandatory Information with respect to specific Services, You will not be able to avail of the specific Services provided by Qyuki. Similarly, if You wish to delete Your Information that is mandatory, You will no longer be eligible to avail some or all of the Services offered by Qyuki on the Website.
2.4
Qyuki collects Personal Information that Qyuki believes to be relevant which is required to understand You and Your interests, and for the purpose of promoting You and the Website. Qyuki collects Your Personal Information in order to record, support and facilitate Your participation in the activities You select, track Your preferences, to provide You with a customized Website experience, to notify You of any updated information and new activities and other related functions offered by Qyuki, keep You informed about latest Content available on the Website, special offers, and other products and services of Qyuki, to assist You with customer service or technical support issues, to follow up with You after Your visit, to otherwise support Your relationship with Qyuki or to prevent fraud and unlawful use.
2.5
Qyuki does not rent or sell Your Personal Information to other people or non-affiliated companies except to provide the Services You have requested. Thus, the Personal Information provided by You is used and shared only:
(a)
to facilitate Your use of the Website;
(b)
for the purpose of promoting You and the Website;
(c)
to respond to Your inquiries or fulfil Your requests for information about the various services;
(d)
to connect You with other users, mentors, artists, etc., on Your request;
(e)
to provide You with information about Qyuki's products/services and to send You Information, materials, and offers from Qyuki;
(f)
to send You important information regarding the Website, changes to Qyuki's terms, conditions, and policies and/or other administrative information;
(g)
to send You surveys and marketing communications that Qyuki believes may be of interest to You;
(h)
to personalize Your experience on the Website and Qyuki's other websites by presenting advertising, products and offers tailored to You;
(i)
to help You address Your problems with the Website including addressing any technical problems;
(j)
if You purchase any content or avail of any service from the Website, to complete and fulfil Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;
(k)
for proper administering of the Website;
(l)
to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
(m)
to improve the services, content and advertising on the Website;
(n)
to protect the integrity of the Website; and
(o)
to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law.
2.6
You acknowledge that apart from Your Personal Information, if You upload any Content on the Website, such Content may contain Information including Personal Information and the same may be available to the other users of the Website. Qyuki will not be liable for the disclosure and dissemination of such Personal Information to third parties.

3. Disclosure of Personal Information

3.1
Qyuki will keep Your Personal Information confidential to the maximum possible extent. Qyuki limits the disclosure of Personal Information to Qyuki's employees, independent contractors, affiliates, consultants, business associates, service providers and distributors of Qyuki's services, on a need-to-know basis, and only if the disclosure will enable that entity to provide Qyuki with business, professional, or technical support or to fulfil Your request. Qyuki shares Personal Information only for the purposes stated in Clause 2 above and only for to the entities described below including, Qyuki's subsidiaries that either are subject to this Policy or follow practices at least as protective as those described in this Policy.
3.2
Your Personal Information may be disclosed:
(a)
to Qyuki's subsidiaries for the purposes described in this Privacy Policy;
(b)
to Qyuki's business affiliates where certain Content or services are jointly offered by Qyuki and its business affiliates;
(c)
to Qyuki's third party services providers who provide services such as contact information verification, payment processing, order fulfillment, customer service, website hosting, data analysis, marketing assistance, infrastructure provision, IT services, telecom service providers for mobile downloads of Content, auditing services and other similar services to enable them to provide the services;
(d)
to third party content providers, if You request information from third party content providers so that they can provide You with information about their content and services. Qyuki shall not be responsible or liable for third party content providers' use of Your Personal Information;
(e)
with Your consent or by You, for services available on the Website on which You are able to post information and materials. Please note that any information You post or disclose through these services will become public information, and may be available to visitors to the Website and to the general public. Qyuki will not be liable for disclosure of such information;
(f)
in case of business transfers such as a merger, acquisition or any form of sale of some or all of Qyuki's assets, Your Personal Information shall be transferred to the other entity as a business asset. Qyuki will ensure the confidentiality of any Personal Information involved in such transactions and provide You with a notice before Your Personal Information is transferred and becomes subject to a different privacy policy; and
(g)
as Qyuki may believe to be necessary or appropriate: (i) under applicable law, including laws outside Your country of residence; (ii) to comply with any legal processes; (iii) to respond to requests from public and government authorities including public and government authorities outside Your country of residence; (iv) to enforce Qyuki's Terms of Use; (v) to protect Qyuki's operations or those of any of Qyuki's affiliates; (vi) to protect Qyuki's rights, privacy, safety or property, and/or that of Qyuki's affiliates, You or others; and (vii) to allow Qyuki to pursue available remedies or limit the damages that Qyuki may sustain. This includes disclosing Your Personal Information to other companies and organizations for fraud protection and credit risk reduction.
3.3
The above does not include selling, renting, sharing or otherwise disclosing Personal Information for commercial purposes in violation of the commitments set forth in this Policy.

4. Collection and Use of Non-Personal Information

4.1
Non-personal information is any information that does not reveal Your specific identity, such as, browser information, Internet protocol (IP) address, operating system, and platform, information collected through cookies, pixel tags and other technologies, demographic information, time zone setting, etc. ("Non-Personal Information").
4.2
As is true with most websites, the Website gathers some information automatically when You visit the URL of the Website and stores it in log files. Accordingly, when You use the Website and the services provided on the Website, Qyuki may collect certain information about Your computer to facilitate, evaluate and verify Your use of the Website, and the products and the services available on the Website. For example, Qyuki may log environmental variables, such as browser type, operating system, CPU speed, referring or exit webpages, click patterns, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and the Internet Protocol (IP) address of Your computer. This information is generally collected in aggregate form, without identifying any user individually.
4.3
The Website may also collect certain Non-Personal Information through cookies while You access the Website. Cookies are text files that are placed in Your computer to identify Your internet browser, store Your preferences, and to improve Your experience on the Website. Data in cookies may be read to authenticate user sessions or provide services. The Website, online services, interactive applications, email messages, and advertisements may use cookies and other technologies such as pixel tags and web beacons to help advertisers and publishers serve and manage advertisements across the web and on the Website. These technologies help Qyuki better understand user behavior, tell Qyuki which parts of the Qyuki website people have visited, track user trends and facilitate and measure the effectiveness of advertisements and web searches, to gather demographic information about the user base as a whole, measure traffic patterns on the Website, provide special customised features to You such as personalized advertisements on the Web pages, and enable storage of items in Your shopping cart between Your visits to the Website. Qyuki treats Information collected by cookies and other similar technologies as Non-Personal Information.
4.4
As Non-Personal Information does not personally identify You, Qyuki may use and disclose Non-Personal Information for any purpose. In some instances, Qyuki may combine Non-Personal Information with Personal Information (such as combining Your name with Your geographical location). If Qyuki combines any Non-Personal Information with Personal Information, the combined information will be treated by Qyuki as Personal Information as long as it is combined.

5. Links to other Websites and Third Party Advertisers

5.1
The Website provides third-party advertisements and links to other websites. Qyuki does not provide any Personal Information to these third-party websites or advertisers.
5.2
The links to other websites on the Website are operated by third parties and are not controlled by, or affiliated to, or associated with, Qyuki unless expressly specified on the Website. Accordingly, Qyuki does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does Qyuki control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by Qyuki of the website, the website's provider, or the information on the website. The information provided by You to such third party websites shall be governed in accordance with the privacy policies of such websites and it is recommended that You review the privacy policy on any such websites prior to using such websites
5.3
These third-party websites and advertisers may use technology to send the advertisements that appear on the Website directly to Your browser. In such cases, the third party websites or advertisers automatically receive Your IP address. They may also use cookies, JavaScript, web beacons and other technologies to measure the effectiveness of their advertisements and to personalize advertising content. Qyuki does not have access to or control over cookies or other features that such third party websites and advertisers may use, and the information practices of these third-party websites and advertisers are not covered by this Policy. Please contact them directly for more information about their privacy practices.

6. Security

6.1
The Website provides third-party advertisements and links to other websites. Qyuki does not provide any Personal Information to these third-party websites or advertisers.
6.2
Notwithstanding anything contained in this Policy or elsewhere, Qyuki shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
A "Force Majeure Event" shall mean any event that is beyond the reasonable control of Qyuki and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, etc.

7. Access to Information

7.1
When You use the Website and the services provided by Qyuki on the Website, Qyuki makes good faith efforts to provide You with access to Your Information and other relevant data, either to correct this data if it is inaccurate, or to delete such data at Your request, if it is not otherwise required to be retained by law or for legitimate business purposes.
7.2
Qyuki gives You access to a broad range of Information about Your account and Your interactions with Qyuki for the limited purpose of viewing and, in certain cases, updating that information. Such information includes, up-to-date information regarding recent Content downloaded or uploaded by You; Personal Information, payment settings (including credit card information); e-mail notification settings (including Alerts, Recommended for You, and newsletters); recommendations (including recent Content view history, and Favorites); shopping lists; and Your Profile (including Your Content Reviews, Requests, and Recommendations, guides, etc.)

8. User Discretion

8.1
As stated earlier, You can always choose not to provide Information, even though it might be needed to obtain a license to view, download or upload any Content. In such cases, if the information required is classified as mandatory, You will not be able to avail of that part of the Services, features or Content.
8.2
You can add or update Your Personal Information on a regular basis. When You update information, Qyuki will keep a copy of the prior version for its records.
8.3
Qyuki may, if You so choose, send direct advertisement mailers to You at the address given by You. You have the option to opt-out of this direct mailer by way of links provided at the bottom of each mailer. We respect Your privacy and if You do not want to receive e-mail or other mail from Qyuki, please adjust Your Customer Communication Preferences.
8.4
When You use the Website and the services provided by Qyuki on the Website, Qyuki makes good faith efforts to provide You with access to Your Information and other relevant data, either to correct this data if it is inaccurate, or to delete such data at Your request, if it is not otherwise required to be retained by law or for legitimate business purposes.
8.5
If You do not want Qyuki to use Personal Information that Qyuki gathers to allow third parties to personalize advertisements Qyuki displays to You, please adjust Your Advertising Preferences.
8.6
The 'Help' portion of the toolbar on most browsers will tell You how to prevent Your browser from accepting new cookies, how to have the browser notify You when You receive a new cookie, or how to disable cookies altogether. Further, You can also disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the Website of its manufacturer. However, as cookies allow You to take advantage of some of the Website's features, some of the Website's features and services may not function properly if Your cookies are disabled. It is therefore, recommended that You leave the cookies turned on. For instance, if You block or otherwise reject Qyuki's cookies, You will not be able to add items to Your shopping cart, proceed to checkout, or download any of Qyuki's Content or avail of Qyuki's services that require You to log in.

9. General Provisions

9.1
By accessing the Website, You have agreed to the terms set out in this Policy. This Policy should be at all times read along with the Terms of Use of the Website.
9.2
Unless stated otherwise, the Policy applies to all Information that Qyuki has about You and Your account.
9.3
By using this Website and the products, Content and services provided on the Website, You agree and acknowledge that Your Personal Information collected through the Website may be transferred across national boundaries and stored and processed in any the country around the world. You also acknowledge that in certain countries or with respect to certain activities, the collection, transfer, storage, and processing of Your information may be undertaken by trusted third party vendors or agents of Qyuki such as credit card processors, web hosting providers, communication services, and web analytic providers, to help facilitate Qyuki in providing certain functions.
9.4
Qyuki may make changes to this Policy, from time to time at Qyuki's sole discretion or on account of changes in law. Qyuki will not reduce Your rights under this Policy without Your explicit consent. Qyuki may e-mail periodic reminders of the notices and conditions, unless You have instructed Qyuki not to, but You should check the Website frequently to see recent changes. Notwithstanding the above, Qyuki shall not be required to notify You of any changes made to the Policy. The revised Policy shall be made available on the Website. The effective date of this Policy, as stated above, indicates the last time this Policy was revised or materially changed. Your continued use of the Website, following changes to the Policy, will constitute Your acceptance of those changes.
9.5
If You choose to visit the Website, Your visit and any dispute over privacy is subject to this Policy and the Website's Terms of Use, and the application law shall be the law of the Republic of India.

10. Contact

If You have questions or concerns about this Policy, please contact Qyuki at support@qyuki.com.

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