A. Avidestal Technologies Private Limited, a company registered under the Companies Act, 2013, having its corporate address at No. 1873/38, 5th Main, Ganapati Temple Road RPC Layout, Vijayanagar, Bangalore, Karnataka, 560040, India ("ADL"), has set out the terms and conditions in this privacy policy ("Privacy Policy") that is applicable on:
- the use of the mobile application provided by ADL (the "Application");
- any service procured from ADL by a Subscriber (as defined hereinafter) either through the Application or the Website;
- use of the Application on any access of Growth Template by the Consumer;
- any other related agreement or legal relationship between ADL, Subscriber, Consumer, or any other third party.
B. This Privacy Policy shall be legally binding on all Subscribers or Consumers who utilize the Services (as defined hereinafter), or other registered members or partners, or any other partners who access the Website or the Application.
A. Definitions
Unless the context otherwise requires, or unless defined in the body of this Privacy Policy, the capitalized words and phrases used in this Privacy Policy shall have the meaning ascribed to such words and phrases in this Clause.
"Account" shall mean the account created by the Subscriber or the Consumer on the Application or on the Website, for the purposes of procuring the Services offered by ADL or accessing the rewards provided by ADL (as may be applicable);
"Application" means Me-grow application developed by ADL and shall include any other application which operates as a customer interface and is linked in any manner to the Me-grow application;
"ADL" shall have the meaning ascribed to the term in the Clause A above;
"Consumer T&C Agreement" shall mean and refer to the terms and conditions set out in the T&C Agreement as applicable to the Consumers and hosted on Consumer T&C Agreement
"Cookie" shall mean the Trackers consisting of small sets of data stored in the User's or Consumer’s browser;
"Consumer" shall have the meaning ascribed to the term in the Consumer T&C Agreement;
"Data Processor" or "Data Supervisor" shall mean the natural or legal person, agency or any other body which processes the Personal Data or the Usage Data on behalf of the controller;
"Growth Template" shall mean the templates developed by ADL for the Subscribers, custom questionnaires created by Subscribers or ADL and/or surveys that are to be sent from the Application, through which responses can be obtained by the Subscribers from its Consumers;
"Personal Data" or "Data"shall mean any information that directly, indirectly, or in connection with any other information, including a personal identification number, allows for the identification or identifiability of a natural person and shall include the Registration Data and other personal data of the User;
"Privacy Policy" shall mean this privacy policy applicable to the usage of the Application, the Website, and the Services;
"Registration Data" means the data provided by the Subscriber or the Consumer to open an Account or access the Application or Growth Template under the Subscriber T&C Agreement or the Consumer T&C Agreement (as may be applicable);
"QR Code" shall mean the quick response code linked to the Account of a Subscriber;
"Service(s)" shall mean the consumer-analytics consultancy services provided to the Subscriber through which ADL will obtain feedback from the Consumers and provide access to the analyzed Reports to the Subscribers as per their requirement and shall include providing rewards to the Consumers;
"Subscriber T&C Agreement" shall mean and refer to the terms and conditions set out in the T&C Agreement as applicable to the Subscribers and hosted on Subscriber T&C Agreement
"Subscriber" shall have the meaning assigned to the term in the Subscriber T&C Agreement;
"Tracker" shall mean any technology, for e.g., Cookies, unique identifiers, web beacons, embedded scripts, e-tags and fingerprinting- that enables the tracking of Users or the Consumers, for example by accessing or storing information on the User’s device;
"Usage Data" shall mean information collected automatically through the Application (or third-party services engaged in this Application), or Website, which can include: the IP addresses or domain names of the computers; the uniform resource identifier addresses; the time of the request; the method utilized to submit the request to the server; the size of the file received in response; the numerical code indicating the status of the server's answer (successful outcome, error, etc.); the country of origin; the features of the browser and the operating system; the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's information technology environment;
"User(s)" for the purposes of this Privacy Policy, shall have the meaning ascribed to the term in Clause A above; and
"Website" shall mean the website for the Application, or any other website developed by ADL.
B. APPLICATION OF THE POLICY
C. PUSH NOTIFICATIONS
Avidestal Technologies Private Limited
Bengaluru, India
Contact email:support@me-grow.com
D. TYPES OF DATA COLLECTED
- The following information is collected by the Application or the Website:
- Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application or Website.
- Data may also be collected through automated technologies, each time the User uses the Application or Website or accesses the Growth Template through QR Code.
- ADL may collect and use technical data and related information, including but not limited to, technical information about the User’s device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to the User (if any) related to Applications or the Website.
- Unless specified otherwise, all Data requested by the Application, or the Website is a prerequisite for access to the Application or the Website which shall not be granted if such Data is withheld.
- In instances where the Application stipulates that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability of the Application. Users who are uncertain about which Personal Data is mandatory may contact ADL.
- Users are responsible for any third-party Personal Data obtained, published, or shared through the Application and confirm that they have the third-party's consent to provide the Data to ADL.
- Notwithstanding anything mentioned in this Privacy Policy:
a. Information provided by the User – The Application or Website, either by itself or through third parties, collects the Personal Data provided by the User, to provide more effective Services. To access the Account, the User is required to register his/her name, email address, phone number and provide other personal details, in form of Registration Data as applicable to each of the Subscriber or the Consumer;
b. Cookies – ADL sends Cookies to the User’s computer or phone, thereby uniquely identifying the User’s browser. Cookies are used to track the User’s preferences, help the User login faster, analyze site traffic and are aggregated to determine User trends. Any use of Cookies or other Trackers, by the Application or the Website or by third-party service providers is done to provide better Services to the User. The User is hereby notified that Cookies can be disabled or controlled by setting a preference within your web browser or on your device. If the User chooses to disable cookies on the device, some features of the Application or the Website may not be available to such User. The Users agree that ADL shall not be liable for any third-party Cookies accessible through the Website or the Application.
c.User communications with ADL as well as Usage Data;
d. Data collected by the Application or the systems of ADL, while providing Services, or while the response is being provided by the Consumers;
e. Information may be collected by ADL, through alert links sent to the User via email or phone;
f. Personal Data of the Subscriber may be collected by ADL for creation of the business profile page on any third-party website;
g. ADL may also collect, use, and share aggregated data such as statistical or demographic data for any purpose;
h. Payment Data – The Application and third-party payment interface used in the Application or the Website will retain and save the payment data of the Subscriber i.e., credit card/debit card information, bank details, wallets etc. to ensure quick and timely payment; or
i. Data may also be collected from the Subscribers and the Consumers during the online engagement through the Application.
a. the Subscribers agree that by opening an Account and/or accessing the Application or Website; and
b. he Consumer agrees that on providing the feedback through the QR Code. They are aware of the terms of the Privacy Policies and consent to the processing of Data under this Privacy Policy.
E. METHODS OF PROCESSING
- ADL takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
- ADL endeavors to protect the security of the Personal Data or Usage Data during transmission by using various encryption protocols and software as per the prevailing standards and the Applicable Law.
- ADL maintains physical, electronic, and procedural safeguards in connection with the collection, storage, processing, and disclosure of personal information.
- The Data and the Usage Data processing is carried out using computers and/or information technology-enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to ADL, in some cases, the Data or Usage Data may be accessible to certain types of persons in charge, involved with the operation of the Website or the Application (administration, sales, marketing, legal, system administration) or involved in preparation of the Report, external parties (such as third-party technical service providers, mail carriers, hosting providers, information technology companies, communications agencies) appointed, if necessary, as Data Processors by ADL.
F. BASIS OF PROCESSING
- ADL may process or share Personal Data or the Usage Data relating to Users if one of the following applies:
- In accordance with this Privacy Policy, ADL may share information with employees, Data Processors and technology partners on a need-to-know basis. Such entities would be contractually obligated to maintain confidentiality in relation to the Data provided.
- Subject to consent of the User, ADL may also process Data to receive information and/or marketing offers directly from third parties. If the User agrees to such sharing of Personal Data with third parties, the Data shared shall be subject to the privacy policy and practices of such third parties.
- The Data is processed at ADL‘s operating offices and in any other places where the parties involved in the processing are located.
a. Users have given their written consent for one or more specific purposes. For the purposes of this Privacy Policy the agreement to the Subscriber T&C Agreement by the Subscriber or the Consumer T&C Agreement by the Consumer shall operate as consent of the Subscriber or the Consumer to process the Data;
b. provision of Data or the Usage Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;
c. processing is necessary for compliance with a legal obligation to which ADL is subject to;
d. ADL process Personal Data for quality and training purposes;
e. processing is necessary for the purposes of the legitimate interests pursued by ADL, in relation to the Services;
f. processing in favor of third-party service providers is necessary to facilitate the payment for Services obtained, as may be applicable;
g. processing is necessary to enforce applicable terms of each of the Subscriber T&C Agreement and Consumer T&C Agreement, including investigation of potential violations thereof; or
h. Detect, prevent, or otherwise address fraud, security or technical issues.
G. RETENTION TIME
- ADL shall store the Data collected for the time period set out below:
- Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after the expiration of retention period.
a. Personal Data collected for purposes of performance of a Service under a contract between ADL and the User shall be retained until such contract has been fully performed;
b. Data collected for the purposes of enhancement of Services shall be retained as long as needed to fulfill such purposes;
c. ADL shall retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn; and
d. On deletion of Account by User, ADL shall retain Personal Data for a longer period whenever required to do so for the performance of a service under a contract or, a legal obligation or upon order of a competent authority.
H. THE PURPOSES OF PROCESSING
- The Data and the Usage Data are collected to allow ADL to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: analytics, handling payments, hosting and backend infrastructure and social features.
- The Data and the Usage Data may also be used for any of the following:
a. to verify the identity of the User or to register the Account;
b. to provide the Services to the User;
c. to undertake market research/ study, conduct data analysis;
d. to improve and enhance ADL’s Services based on the information and feedback received from the User or the Consumer;
e. to track transactions and process payments;
f. to send periodic notifications to manage ADL’s relationship with the User;
g. to market and advertise the Services or any other third-party services or products to the User;
h. to comply with legal obligations as set out in this Privacy Policy and the Subscriber T&C Agreement or the Consumer T&C Agreement;
i. to administer and protect the Services, including for troubleshooting, data analysis, system testing, and performing internal operations; or
j. to enforce the Subscriber T&C Agreement or the Consumer T&C Agreement.
I. THE RIGHTS OF USERS OR THE CONSUMERS
- Users may exercise certain rights regarding their Data being processed by ADL. In particular, the Users have the right to do the following:
- Notwithstanding anything mentioned in Clause H (1) above, if any exercise of rights by the User, has the effect of restricting the processing of Data essential for access to the Application or providing the Services, ADL, shall restrict the Account of such User and shall not be liable towards the User for any obligation under the respective Subscriber T&C Agreement or the Consumer T&C Agreement.
- GRIEVANCE REDRESSAL
- Notwithstanding anything mentioned above, ADL shall not be responsible for any loss, unauthorized access, safety issue or any harm caused to the User’s by any misuse of the Personal Data or Usage Data, unless it is a direct and foreseeable consequence of negligence and non-compliance on ADL’s part.
- The User hereby acknowledges that ADL is not responsible, in particular, for any third-party action or action on the User’s part leading to loss, damage or harm to the User, or any other person.
- ADL shall not be liable for any data loss or theft due to unauthorized access to the User’s electronic devices through which the Services are availed.
a. Deny providing Personal Data: The Users have the right to deny providing Data for availing Services. In such an event, ADL shall be under no responsibility to provide the Services or access to the Application or the Website.
b. Withdraw their consent at any time: The Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data. However, if such withdrawal, results in the withdrawal of data required for access to the Application or performance of Services, then the access of the User to the Account, the Application, and the Services, shall be restricted.
c. Object to processing of their Data: Users have the right to object to the processing of their Data if the processing is carried out on an illegal basis or without their consent.
d. Access their Data: Users have the right to learn if Data is being processed by ADL, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing.
e. Verify and seek rectification: Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected.
f. Restrict the processing of their Data: Users have the right to restrict the processing of their Data. In this case, ADL shall not process their Data for any purpose other than storing it.
g. Have their Personal Data deleted or otherwise removed: Users have the right, under certain circumstances, to obtain the erasure of their Data from ADL’s database.
h. Change their Personal Data: User shall have the right to change or modify the Registration Data provided during Account creation.
i. Receive their Data and have it transferred to another controller: Users have the right to receive their Data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof.
a. In compliance with the provisions of the Information Technology Act, 2000 ("IT Act") and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules"), ADL has appointed an officer, to address the User’s concerns pertaining to the usage of Data ("Grievance Officer").
b. In the event, the User has any complaints or concerns regarding the usage of Data, they may write to the Grievance Officer at:
Avidestal Technologies Private Limited.
Bengaluru, India
Contact Email: support@me-grow.com
c. Subject to the requirements under Applicable Law, within 24 (twenty-four) hours of the receipt of the User’s grievance, the Grievance Officer shall acknowledge the email, and shall dispose of the same within 21 (twenty-one) days of the receipt of grievance, post conducting hearings and discussions.
J. DETAILS ABOUT THE RIGHT TO OBJECT TO PROCESSING
- Where Personal Data is processed for a public interest, in the exercise of an official authority vested in ADL or for the purposes of the legitimate interests pursued by ADL, Users shall not object to such processing. Notwithstanding this, the User can raise a grievance with the Grievance Officer, by providing detailed reasons related to their situation.
- ADL shall be entitled to process the Personal Data for any market analysis to enhance the standards of Services being provided.
K. HOW TO EXERCISE THESE RIGHTS
- Any requests to exercise the User’s rights can be directed to the Grievance Officer of ADL through the contact details provided in this document. These requests can be exercised free of charge and shall be addressed by ADL as early as possible.
- ADL shall be entitled to process the Personal Data for any market analysis to enhance the standards of Services being provided.
L. LEGAL ACTION
M. ADDITIONAL INFORMATION ABOUT USER'S PERSONAL DATA
N. SYSTEM LOGS AND MAINTENANCE
O. DISCLAIMER
- The information contained on the Website and the Application is for general information purposes only. The information is provided by ADL and while ADL endeavors to keep the information up to date and correct, ADL makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Website of the information, products, services, or related graphics contained on the Application or the Website for any purpose. Any reliance the User places on such information is therefore strictly at its own risk.
- In no event shall ADL be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of Data or profits arising out of, or in connection with, the use of this Website or the Application.
- Through the Website of ADL or the Application, the User is able to link to other websites which are not under the control of ADL. ADL has no control over the nature, content, services offered, policies and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
P. CHANGES TO THIS PRIVACY POLICY
- ADL reserves the right to make changes to this Privacy Policy at any time by notifying its Users on the Website and within this Application. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.
- Should the changes affect processing activities performed on the basis of the User’s consent, ADL shall collect new consent from the User, wherever required.