PRIVACY POLICY FOR FLICK

Aviato owns and manages the mobile application 'Flick' (“App”). We value your privacy and take our responsibilities in relation to your data seriously.

 This Privacy Policy (“Privacy Policy”) is published in compliance with inter alia:

• Section 43A of the Information Technology Act, 2000 (“IT Act”);
• Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”); and
• Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

This Privacy Policy deals with information We collect in relation to our Apps and explains:

• What information, We collect;
• How, We collect and use that information;
• How, You can provide information selectively, and how You can access and update this information; and
• How, We process, share and protect Your information.

By using the App, you confirm that you accept the terms of this Privacy Policy and that you agree to abide by them. This Privacy Policy is incorporated into and subject to the terms of use available at the App. This policy may be amended from, time to time.

 We value the trust you place in us. That is why We insist upon the highest standards for secure transactions and customer information privacy. This Privacy Policy applies to the personal information We collect on the App. This Privacy Policy inter alia describes the types of personal information We collect on the App, how We may use that information and with whom We may share it. We also tell you how you can reach Us to ask Us to update your preferences regarding how We communicate with you or answer any questions you may have about Our privacy practices. Please read the following statement to learn about our information gathering and dissemination practices.

 Our privacy policy is subject to change at any time with notice. The same can be viewed on our App/website. To make sure you are aware of any changes, please review this policy periodically.

 When you access the App you accept, without limitation or qualification, the Privacy Policy set forth below and any additional terms of use set forth in the App. This Privacy Policy constitutes a binding legal agreement between you and Us. If you do not agree to the Privacy Policy, you have no right to obtain information from or otherwise continue using the App. Failure to use the App in accordance with the Privacy Policy may subject you to civil and criminal penalties. We have provided this Privacy Policy to familiarise you with the type of data or information that you share with or provide to Us and that We collect from you, the purpose for collection of such data or information from you, Our information security practices and policies and Our Privacy policy on controlling or processing your data or information with third parties. This Privacy Policy may be amended / updated from time to time. Upon amending / updating the Privacy Policy, We will accordingly amend the date above. We suggest that you regularly check this Privacy Policy to apprise yourself of any updates. Your continued use of App or provision of data or information thereafter will imply your unconditional acceptance of such updates to this Privacy Policy. The information (which shall also include data) provided by you to Us or collected from you by Us may consist of Personal Information and Non-Personal Information. “Personal Information” is the information you submit and that can be used to uniquely identify or contact you and “Non-Personal Information” is the de-identified and non-personally identifiable information collected from the App.

• PLEDGE ON PRIVACY
  The term “Personal Data” as used in this Privacy Policy refers to information such as your name, e-mail address, telephone/mobile number that can be used to identify you. Generally, We will only process your Personal Data as described in this Privacy Policy. However, We reserve the right, to conduct additional processing to the extent permitted or required by law, or in support of any legal or criminal investigation.
  

• INFORMATION WE COLLECT
  

• We may collect information from:
  

1. service providers that make user-generated content from their service available to others, such as local business reviews or public social media posts;
2. communication service providers, including email providers and social networks, when you give Us permission to access your data on such third-party services or networks. If you choose to register to use the App using your social network or any such other account details (e.g., Facebook, Apple ID, Google), you will provide Us or allow your social network to provide Us with your username and public profile.;
3. non-personally identifiable information.
   

• Information We collect by automated means
  
  If you use the App, We may collect the following information by automated means:

1. Internet protocol (“IP”) address; and Information about your use of the App.
   

• Non- Personal Information
  
  We may de-identify personal information that We have collected from you through the App and combine it with de-identified information about other users, information from third parties, and/or publicly available information. We may also collect information other than Personal Information from you through the App when you visit and / or use the App. Such information may be stored in server logs. This Non-Personal Information would not assist Us to identify you personally. The duration of your stay on the App is also stored in the session along with the date and time of your access, Non-Personal Information is collected through various ways such through the use of cookies with consent. We may store temporary or permanent ‘cookies' on your device.

• App visitorship information
  
  We gather information from the App activity, such as data on the number of people who visit the App, the pages they visit, the duration of their stay, etc. App visitorship information inter alia  includes:

1. Collected on an aggregate, anonymous basis, which means no personal identifiable information is associated with this data.
2. Gathered through the use of web server logs and cookies.
   

• Personal Information
  
  You may choose to provide Us with Personal Information through the App, like:

1. Contact information, such as your telephone/mobile number and email address;
2. Your profile, searches conducted by you and the reviews submitted by you;
3. Information obtained from the account you use to login to the App such as your username, date of birth (wherever applicable), information you disclose in your user profile, and your photograph or profile video;
4. Information about services received/ rendered on the App; and
5. Your location.
   

• Indirect Information
  

1. Your use of certain third party services on the App also requires Us to collect such information as is considered necessary for that purpose (“Indirect Information”).

1. While We may collect Indirect Information when You access or use Our App, We collect User Information only from You with Your prior consent unless there are other legal grounds for doing so, as further specified in this Privacy Policy. Where You provide Us with User Information of third parties, We understand that You have obtained consent of such third parties, and have sufficient rights, approvals and licenses to provide such information to Us.

• Sensitive Personal Data or Information
  

1. The IT Act and the SPDI Rules regulate the collection, usage, retention and disclosure of personal information, which is defined under the SPDI Rules as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.
2. The SPDI Rules further define “Sensitive Personal Data or Information” (“SPDI”) of a person as Personal Information about that person relating to:

• passwords;
• financial information such as details of bank accounts, credit cards, debit cards or other payment instruments;
• physical, physiological and mental health condition;
• sexual orientation;
• medical records and history;
• biometric information;
• any detail relating to the above categories, as specified in this paragraph, as provided to the body corporate for providing services; and
• any of the information received under the above categories, as specified in this paragraph, by a body corporate for processing, stored or processed under lawful contract or otherwise.

We do not collect any of the aforesaid SPDI of any of the user of the App.  

• USE OF INFORMATION COLLECTED
  
  Most of Our services do not require any form of registration, allowing you to visit Our App without telling Us who you are. However, some services may require you to provide Us with Personal Information. In these situations, if you choose to withhold any Personal Information requested by Us, it may not be possible for you to gain access to certain parts of the App and for Us to respond to your query.
  
  We may collect and use Personal Information to provide you with services which We think may be of interest to you, or to communicate with you for other purposes which are evident from the circumstances or about which We inform you when We collect Personal Information from you.

We are controllers of customer data and may process such data as may be required. We store the information collected from the App, which is used to:

1. Improve Our product;
2. Enhance the end user experience;
3. Communicate with the customers in relation to technical and other administrative matters via emails and other modes of communication;
4. Personalisation of the product and the services;
5. Product development;
6. Relevant offers;
7. Reporting and Business operations;
8. Conduct and undertake research in order to develop and provide search, learning and productivity tools and additional features to service better experience;
9. Consulting services;
10. Ensure that you are old enough to use our App (as required by law); and
11. Research wherein We investigate and help prevent security issues and abuse.

The information is processed and analysed by automated means to offer a variety of features that you get from using the App. The information will be used for advanced analytics to offer additional insightful features in future. We may also anonymise (de-personalise) your information We collect and combine it with other information sources for the purpose of advanced analytics and future use cases.

If you access third-party services, such as Facebook or Google, to login to the App or to share information about your usage on the App with others, these third-party services may be able to collect information about you, including information about your activity on the App, and they may notify your connections on the third-party services about your use of the App, in accordance with their privacy policies. We shall not be liable for any breach of your privacy attributable to the third-party services’ access to your information in the manner given above.

• STORAGE AND MAINTENANCE OF INFORMATION COLLECTED
  
  We access and control the Personal Data provided by you. In lieu of the same, We may store or track information about you, however, We shall not be obligated to do so and may delete any information and records, in whole or in part, solely at Our discretion. We may retain other information pertaining to you for as long as necessary for the purposes detailed within this Privacy Policy. Storing such other information provided by you shall be retained with Us, on Our servers located  in Mumbai, for the period of time needed for Us to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce Our agreements.

1. Your Communication Preferences: To help Us make emails more useful and informative, We often receive a confirmation when you open email from Us if your device supports such capabilities. If you do not want to receive e-mail or other mail from Us, you may adjust your customer communication preferences from the App.
   

1. Information from Other Sources: We might receive information about you from other sources and add it to Our account information as may be required to serve you better and for Our business enhancement. By using or continuing to use OurApp, you agree to Our use of your information (including sensitive Personal Information, if any) in accordance with this Privacy Policy, as may be amended from time to time by Us at Our discretion. You also agree and consent to Us collecting, storing, processing, transferring and sharing information (including sensitive Personal Information) related to you with third parties or service providers for the purposes as set out in this Privacy Policy.
   

1. We may be required to share the aforesaid information with Government authorities and agencies for the purposes of verification of identity or for prevention, detection or investigation, including cyber incidents, prosecution and punishment of offences. You agree and provide Us consent to disclose your information, if so required, under applicable law.
   
   

• DISCLOSURE OF INFORMATION
  
  Our customer’s privacy is extremely important to Us. However, We may disclose certain information obtained due to the following:

1. To Our employees, in order to diagnose and resolve any problems or to provide support to you.
2. To any other person, who perform services on Our behalf, including billing, cashbacks, survey administration, reconciliation, complaint management, technical or customer support and provision of email and data analytics.
3. To the business partners, who can alert you about the new services. Upon receipt of any alert if you desire to be removed from such alert list, you may inform the sender or unsubscribe from the list as provided in each mail alert.
4. In the event that We engage in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of a part of Our assets or stock, financing, public offering of securities, acquisition of all or a portion of Our business, a similar transaction or proceeding, or steps in contemplation of such activities (such as due diligence), some or all other information may be shared or transferred, subject to standard confidentiality arrangements.
5. To engage third party companies or individuals as service providers or business partners to process other information and support Our business. These third parties may provide virtual computing and storage services.
6. With Our corporate affiliates, parents and/or subsidiaries with respect to other information provided by the customer;
7. To protect and defend the rights, property or safety of the Aviato or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
8. If We are required to do so by law, regulation or legal process, such as a court order or in response to legal requests by government agencies or any other authority under law or when We believe disclosure is necessary or appropriate to protect national security and public interest or to prevent physical, financial or other harm, injury or loss or in connection with an investigation of suspected or actual unlawful activity.
   
   

• PERSONAL INFORMATION OF OTHER USERS
  
  Every User shall have the ability to communicate with others while using the App and may share personal data at times. While we are happy that our users are communicating outside the context of the App, it is to be understood that not every user would prefer this and therefore each user should have the right to set the boundaries that feel right to them. Thus, you may not collect, use or store any personal information or attempt to do any of the above for any purpose whatsoever unless the user invites you to do so. You may not contact the user, without their consent, about something that has nothing to do with the App, store that user's contact information in a database for further communications, or continue to contact the user if they have requested you not to. Further, you may not use robots, scripts or other automated procedures to collect any information, including user contact information, from the site.

• USE OF COOKIES

 We and Our vendors and service providers use cookies and other similar technologies (“Cookies”) to automatically collect information, measure and analyse how you use the App, enhance your experience using the App, improve Our services,. Cookies are small files which, when placed on your device, enable the App to provide certain features and functionality. Additionally, We allow Our business partners, advertising networks, and other advertising vendors and service providers (including analytics vendors and service providers) to collect information about your online activities through Cookies. We link your contact or subscriber information with your activity on our App across all your devices, using your email or other log-in or device information. These third parties may use this information to display advertisements on Our App and elsewhere online tailored to your interests, preferences, and characteristics. We are not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by this Privacy Policy. In addition, your opt-out selection is specific to the particular App or device that you are using when you opt out, so you may need to opt-out separately for each of App or device. If you choose to refuse, disable, or delete Cookies, some of the functionality of the App may no longer be available to you.

• SECURITY OF DATA

 We take the security of your data very seriously. We work hard to protect information you provide from loss, misuse, and unauthorised access or disclosure. In order to build Our App and products, We use multiple sources of data however, We do not use any of Your Personal Information for developing Our App and products. We maintain commercially reasonable measures to maintain information security and prevent it from unauthorized access. Given the nature of communications and information processing technology, We cannot guarantee that any information, during transmission through the internet or while stored on Our systems or otherwise in Our care, will be absolutely safe from intrusion by others. Since, no security is fool-proof and in case We become aware of any breach of security of your information, We will notify you using the email address that We have. If you do not agree to the terms discussed above, you should exit Our App or stop using the same. When you access Our App, you acknowledge that you have read and agreed to abide by the terms described above. We will, from time to time, include links to and from the Apps of our partner networks, advertisers and affiliates. If you follow a link to any of these Apps, please note that these Apps have their own privacy policies and that We do not accept any responsibility or liability for these policies. Please check these policies before you submit any information to these Apps.

• DATA TO THIRD PARTY APPS
  
  We do not provide any Personal Information to advertisers or to third party except for Amazon Web Server (AWS) which hosts Our servers for the App.
  
  

• FORCE MAJEURE
  
  Notwithstanding anything contained in this Privacy Policy or elsewhere, We shall not be held responsible for any loss, damage or misuse of your user information, if such loss, damage or misuse is attributable to a Force Majeure Event. "Force Majeure Event" shall mean any event that is beyond Our reasonable control and shall include without limitation, sabotage, fire, flood, explosion, acts of God, epidemic or pandemic, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, network errors, computer hacking, technical snags, unauthorized access to computer data and storage device, breach of security and encryption and any other like event beyond Our control.

• YOUR RIGHTS
  
  Subject to any exemptions provided by law, you may have the right to request access to information, as well as to seek to update, delete or correct this information. You can contact us for any help regarding the same.

As a user of the App, You shall have the following rights:

• The right to request, for a nominal charge, (i) confirmation of whether We process your personal data and (ii) access to a copy of the personal data retained;
• The right to request proper rectification or removal of your personal data or restriction of the processing of your personal data;
• The right to have access to your collected personal data in a portable form.
• Where the processing of your personal data is based on your consent, the right to withdraw your consent at any time without impact to data processing activities that have taken place before such withdrawal;
• Where processing of your personal data is either based on your consent or necessary for the performance of a contract with you and processing is carried out by automated means, the right to receive the personal data concerning you in a structured, commonly used and machine-readable format or to have your personal data transmitted directly to another company, where technically feasible (data portability);
• The right to object to processing if We are processing your personal data on the basis of our legitimate interest unless We can demonstrate compelling legitimate grounds which may override your right. If you object to such processing, We ask you to state the grounds of your objection in order for us to examine the processing of your personal data and to balance our legitimate interest in processing and your objection to this processing;
• The right to object to processing your personal data for direct marketing purposes;
• The right to lodge complaints before the competent data protection regulator.

You can exercise any of the above listed rights by communicating the same to us at [•].

 Before We can respond to a request to exercise one or more of the rights listed above, you may be required to verify your identity or your account details. We shall have a duration of 1 month to respond to any or all of such exercising of your rights.  

• CHILDREN INFORMATION
  
  The protection of the privacy of children is of huge importance to Us which also includes adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity. We do not knowingly collect any personal identifiable information from children under the age of 13. If you think that your child provided this kind of information on the App, We strongly encourage you to contact us immediately and We will do our best to promptly remove such information from Our records.

• CHANGE IN PRIVACY POLICY
  
  We reserve the right to update, modify and amend any of the terms of Our Privacy Policy, at any time without prior intimation to you. We shall not be liable for any failure or negligence on your part to review the updated Privacy Policy before accessing or using the App. Your continued use of the App, following changes to the Privacy Policy, will constitute your acceptance of those changes.

We understand that all Personal Information provided by you to Us is voluntary. Collection, use and disclosure of Personal Information requires Your express consent, unless there are other legal grounds available to us to collect such information as further specified in this Privacy Policy. By using or accessing the Apps or otherwise providing Us with Your Personal Information, where applicable, you are providing Us with Your consent to Our use, collection, retention, transfer and disclosure of the Personal Information in accordance with the terms of this Privacy Policy.

In the event of a change in the law applicable to data protection in India, You hereby expressly consent to Our continued use, storage, collection and disclosure of Your Information including Personal Information to the fullest extent permitted under such applicable law. We may reach out to You for obtaining additional consents and approvals as required under the amended law and You will be required to comply with such requests. Should You choose to not provide Us with such additional consents and approvals, We may have to discontinue your access to the Apps.

You may choose to not provide Us with or withdraw any or all information included under Personal Information, but in the event that You do so, We may be unable to allow you to access the Apps or otherwise avail services for the provision of which your information is being collected or processed.

• RETENTION OF INFORMATION
  
  We will put in place measures such that Your Personal Information, which is in Our possession or under Our control, is destroyed and/or anonymized as soon as and in any case, when it would be reasonable to assume that (i) the Purpose for which that Personal Information was collected is no longer being served by the retention of such Personal Information; and (ii) retention is no longer necessary for any other reason including applicable law.
  
  If You are not content with our retention policy and wish that We no longer use Your Personal Information in accordance with the terms of this Privacy Policy, contact Us at [●] and we will review your request for such removal.
  
  We, however, reserve the right to retain, store and use Your Information including Personal Information for Our business purposes, whether such Information has been deleted or not. After a period of time, Your data may be anonymized and aggregated, and then may be held by Us as long as necessary for Us to provide Our Services effectively.
  
  Please note that Your withdrawal of consent to use Your Personal Information may result in Us not being able to provide You with access to the Apps, or terminate any existing relationship that We may have with You.
  
  

• DISCLAIMER
  
  We cannot ensure that all of Your Information including Personal Information will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although We are committed to protecting Your privacy, We do not promise, and You should not expect, that Your Information or private communications will always remain private. As a user of the Apps, You assume all responsibility and risk for Your use of the App, the internet generally, and the information You post or access and for Your conduct on and off the Apps.

Furthermore, despite the very low probability, it is possible for internet transmissions that contain your personal information could be intercepted by others. Although we maintain all reasonable security standards in all tasks involving access to personal data, it is impossible for Us to ensure the privacy and security of all transmissions made to and from the App while in transit.

Additionally, We do not at any point control the privacy practices of Our advertisers and other third-party sites that it promotes or provides links to. Thus, if you click through a banner ad or link and submit your information to an advertiser, You will be subject to their respective privacy policy. Please make sure you understand the privacy policy before submitting your information. In any case, we shall not be liable for any breaches to Your privacy while on such advertisers’ or third party’s site.

• INDEMNITY
  You agree and undertake to indemnify Us in any suit or dispute by any third party arising out of disclosure of information by You to third parties either through Our Apps or otherwise, and Your use and access of Apps, applications and resources of third parties. We assume no liability for any actions of third parties with regard to Your Information or Personal Information which You may have disclosed to such third parties.

• GRIEVANCE DEPARTMENT AND CONTACT INFORMATION
  In accordance with the IT Act and rules made there under, the contact details of the Grievance Officer are provided below:  Email: legal@aviato.in

• CONTACT US

If you have any grievances pertaining to Our use of personal information or would like to exercise any of the rights available to as user as given under clause XI above or concerns or questions in relation to Our App or this Privacy Policy, you may address them to Our grievance officer.  

E-mail: legal@aviato.in