E D U S M A R T A P P

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Data Protection Policy


COLLECTION OF INFORMATION

As a visitor, you can browse our website to find out more about our Website. You are not required to provide us with any Personal Information as a visitor. When you visit the Website, we collect and store certain information to improve security, analyze trends and administer the Website with a view to assist us in improving customer experience. We use this information to evaluate traffic patterns on our Website so that we can make it more useful to our visitors.

collect your Personal Information when you register with us, when you express an interest in obtaining information about us or our products and services, when you participate in activities on our Website or otherwise contact us.

We will only collect your Personal Information if we have a proper reason for doing so, e.g.: to comply with our legal and regulatory obligations; for the performance of our contract with you or to take steps at your request before entering into a contract; for our legitimate interests (where permitted by law) or those of a third party; or where you have given consent. In some cases, we may also have a legal obligation to collect Personal Information from you or may otherwise need the Personal Information to protect your vital interests or those of another person (for example, to prevent payment fraud or confirm your identity.)

Our primary goal in collecting your Personal Information is to provide you a safe, efficient, smooth, and customized experience. This allows us to provide courses, study material, tutorials that most likely meet your needs and to customize our Website to make your experience safer and easier. We also use your Personally Identifiable Information together with other information to help us better understand our users and to improve the content and functionality of our Website. The information we learn from you helps us personalize and continually improve your experience at our Website. We do not voluntarily make this information available to third parties, nor do we use it for any other purpose, except as set out herein.

When you visit our Website, as part of a purchase of one of our courses or registering on our Website, we may collect a variety of Personal Information that you will voluntarily provide to us via one of our contact forms, via a chat or phone session, such as:

  • Contact Information, such as name, email address, display picture, mailing address, phone number, IP address, geographic location, or phone number.
  • Information to enable us to check and verify your identity, e.g., your date of birth, mark-sheets, Passport/Aadhar/Voter ID details.
  • Billing Information, such as debit card number, credit card number and billing address.
  • Unique Identifiers, such as username or password.
  • Information provided to us through our service, interaction with our customer service, participation in surveys or marketing promotions.
  • USAGE AND RETENTION OF INFORMATION

    We use the Personal Information we collect, where it is necessary to deliver the services you have requested, where it is necessary to exercise or comply with legal rights or obligations or for normal business purposes of the kind set out in this Policy.

    We will use your Personal Information to provide, analyze, administer, and improve our services, to provide you with a personalized experience on our Website (especially, by offering you services that is best suited for you), to contact you about your account and our services, to provide you customer service, to provide you with personalized marketing and to detect, prevent, mitigate and investigate fraudulent or illegal activities.

    SHARING AND DISCLOSING PERSONAL INFORMATION

    We use other companies, agents, or contractors ("Service Providers") to perform services on our behalf or to assist us with the provision of services to you. We engage Service Providers to provide marketing, advertising, communications, infrastructure, and IT services, to personalize and optimize our service, to process credit card transactions or other payment methods, to provide customer service, to collect debts, to analyze and enhance data (including data about users’ interactions with our service), and to process and administer consumer surveys. In the course of providing such services, these Service Providers may have access to your Personal Information or other information. We do not authorize them to use or disclose your Personal Information except in connection with providing their services.

    Note to our customers in Europe: We transfer your Personal Information from the European Economic Area and Switzerland to India. By submitting your data and/or using our services, you consent to the transfer, storing, and processing of your Personal Information in India.

    SECURITY

    We shall try to take all precautions to protect the Personal Information both online and offline. We will try to protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. We have standard SSL certification which basically helps us create a secure connection between our server and user to render any information or action. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers and information access authorization controls. Only user passwords are encrypted in 64-bit encryption and stored because generally users use the same password on multiple sites, to prevent any kind of theft, piracy, or unauthorized access. If you believe your account has been abused or hacked, please contact us by sending us an email at grievance@EduSmartAppapp.com

    We do not sell, transfer, or rent your Personal Information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of your privacy as a very important community principle. We understand clearly that you and your Personal Information is one of our most important assets.

    We store and process your Personal Information on computers located in India that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Personal Information being transferred or used in this way, please do not accept this Privacy Policy.

    Under no circumstances, we rent, trade, transfer or share your Personal Information that we have collected with any other company for their marketing purposes without your consent. We reserve the right to communicate your Personal Information to any third party that makes a legally compliant request for its disclosure.

    KEEPING YOUR PERSONAL INFORMATION SECURE

    We have appropriate security measures to prevent your Personal Information from being accidentally lost or used or accessed unlawfully. Processing your Personal Information will be done only in an authorized manner and subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you about any applicable regulator of a suspected data security breach where we are legally required to do so. Notwithstanding anything contained anywhere in this Policy; we cannot assure absolute security to your Personal Information and by entering or by logging into our Website, you explicitly agree not to sue us for any data breach.

    COOKIES

    We transfer cookies, which are small files containing a string of character, to your IP address, giving the browser distinct identification, to keep track of the user’s preferences. Furthermore, these files also help in logging-in faster and they act as a mechanism to determine user trends. The data thus retrieved from the user’s IP address, enables us to enhance our offers, including but not limited to more content in areas of greater interest to most users. Our Website uses "Cookies" to identify the areas of our Website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to personalize the Content that you see on our Website. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our Website correctly or at all. We never place Personally Information in Cookies.

    THIRD PARTIES AND LINKS

    We may pass your details to other companies in our group. We may also pass your details to our agents and subcontractors to help us with any of our uses of your data set out in our Privacy Policy. For example, we may use third parties to assist us with delivering services to you, to help us to collect payments from you, to analyse data and to provide us with marketing or customer service assistance.

    We may exchange information with third parties for the purposes of fraud protection and credit risk reduction. We may transfer our databases containing your Personal Information if we sell our business or part of it. Other than as set out in this Privacy Policy, we shall NOT sell or disclose your Personal Information to third parties without obtaining your prior consent unless it is necessary for the purposes set out in this Privacy Policy or unless we are required to do so by law. The Website may contain advertising of third parties and links to other sites or frames of other sites. Please be aware that we are not responsible for the privacy practices or content of those third parties or other sites, nor for any third party to whom we transfer your data in accordance with our Privacy Policy.

    CONSULTING

    We use third parties to help us provide services to You including the fulfillment of service, processing of payments, monitoring site activity, conducting surveys, maintaining our database, administering emails, and administering contents, and to provide aggregate, comparative information on the performance of our Website to us and a select group.

    CHOICE

    It is open for you to customize our usage of your personal information to communicate with you, to send you marketing information, how we provide you with customized and relevant advertising, and whether you want to stay signed into your account.

    If you do not wish to receive marketing communications from us, you can unsubscribe from the link in the email you would receive or change your communication preferences or indicate your communication preferences. You can also reach us via chat, WhatsApp, call or email to block promotional communication to you. Keep in mind, we do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.

    OWNERSHIP OF RIGHTS

    All rights, including copyright, in this Website are owned by or licensed to us. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You are prohibited from modifying, copying, distributing, transmitting, displaying, printing, publishing, selling, licensing, creating derivative works or using any content available on or through our Website for commercial or public purposes. You may not modify, distribute or re-post something on this Website for any purpose. The Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of EduSmartApp is protected by copyright as a collective work under the applicable copyright laws. EduSmartApp owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as copyright or license to use in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download / print / save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material without the express permission of EduSmartApp is permitted. If copying, redistribution, or publication of copyrighted material is expressly permitted by EduSmartApp, then no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

    You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on our Website or a website otherwise owned or operated in conjunction with EduSmartApp shall not be deemed to be in the public domain but rather the exclusive property of EduSmartApp, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of EduSmartApp, unless otherwise stated.

    EduSmartApp does not have any express burden or responsibility to provide you with indications, markings, or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Website, you warrant that the owner of such material has expressly granted EduSmartApp the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that end user's personal use. You hereby grant EduSmartApp, the right to edit, copy, publish and distribute any material made available on the Website by you. If you come across any abuse or violation of these Terms, please report to care@EduSmartAppapp.com

    YOUR RIGHTS IN RELATION TO PERSONAL INFORMATION COLLECTED BY US

    You have the right to withdraw your consent at any time in writing by sending an e-mail to us at grievance@EduSmartAppapp.com in accordance with the terms of this Privacy Policy. However, please note that withdrawal of consent will not be retrospective in nature and shall be applicable prospectively.

    You may write to us at grievance@EduSmartAppapp.com to access, review, modify or correct your Personal Information or withdraw your consent to provide Personal Information. We are not responsible for the authenticity of the information provided by you.

    You agree and acknowledge that Your right to access, modify and/or withdrawing Your consent to provide Personal Information as mentioned above may be denied or limited by us, as may be required under any applicable law, law enforcement requests or under any judicial proceedings.

    Conditions OF USE

    Licensee does not warrant that this Website, its servers, or email sent by us or on our behalf are virus free. We will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to compensatory, direct, indirect, incidental, punitive, special, or consequential damages, loss of data, goodwill, business opportunity, income or profit, loss of or damage to property and claims of third parties.

    GRIEVANCE OFFICER

    Any discrepancies and grievances with respect to processing of Personal Information shall be informed to the designated Grievance Officer as mentioned below:

    Name: Shriram Bisen

    Designation: Senior Manager

    Email ID : grievance@EduSmartAppapp.com

    CONSENT TO THE POLICY

    The Terms of Use Agreement is incorporated herein by reference in its entirety.

    GENERAL

    Modification:

    We may at any time modify the Terms of Use of our Website without any prior notification to you. Should you wish to terminate your account due to a modification to the Terms or the Privacy Policy, you may do so email us at grievance@EduSmartAppapp.com However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms of this Website.

    Exclusive Service:

    By having a EduSmartApp account, you have explicitly given consent for us to capture images (followed by analysis), camera/mic permissions to make video calls and record the same.

    EduSmartApp May Disclose Information:

    • as required by law, such as to comply with a subpoena, or similar legal process;
    • to enforce applicable ToU (Terms of Use), including investigation of potential violations thereof;
    • when we believe in good faith (doctrine of uberrima fides) that the disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, address security or technical issues or respond to a government request;
    • with our trusted service providers who work on our behalf and do not have an independent use of the information we disclose to them and have agreed to and adhered to the rules set forth in this
    Policy:
    • to protect against imminent harm to the rights, property or safety of the Application/Website or our users or the public as required or permitted by law;
    • with third party service providers in order to personalize the Application/Website/Services/products for a better user experience and to perform behavioural analysis.
    • internally with the relevant departments to facilitate payments of salary, deduction of taxes, procuring medical insurance, etc.

    Law and Jurisdiction:

    In the event of any dispute arising between the parties with respect to this Agreement, the same shall be referred to the Sole Arbitrator and the arbitration shall be in accordance with Arbitration and Conciliation Act of 1996. The language of arbitration proceedings shall be English. The seat and place of arbitration shall be Pune and the decision of the Arbitrator shall be final and binding on both parties herein. This contract shall be subject to the exclusive jurisdiction of courts in Pune, Maharashtra, India and shall be governed by the Indian laws.