Privacy Policy
This Privacy Policy (“Privacy Policy”) for Ekk (“Application/Website”) is intended to provide users of the Application/Website with a clear and complete information about the data and information that the Company (as defined below) collects in connection with the services and the way that data and information is stored and used.
This Privacy Policy applies to the services available under the domain of Application/Website which is owned, hosted and maintained by Ekk Marketplace Pvt Ltd.(‘and its affiliates (“the Company” or “We” or “Us” or “Ourselves”) and having its registered office at 622, B Block, Rudra Heights, Pahariya, Varanasi 221007. All the content provided on the Application/Website is general content for informational purpose only (“Content”). We are committed to protecting the privacy and information of the users who register on the Application/Website (“User” or “Users” or “You”). This Privacy Policy outlines the usage policies and practices that apply to the Application/Website and also sets forth what all information and/or database the Application/Website gathers (categorized as mandatory or optional) and how We collect, use, hold, share and protect such information collected from the Users of the Application/Website.
Please review the Privacy Policy carefully so that You understand Our privacy practices. In case You have any queries or concerns regarding this Privacy Policy, You should contact us by email at ekksite@gmail.com.
This Privacy Policy is to be reviewed along with the Terms and Conditions (‘T&C’) and Disclaimer (“Disclaimer”), which is applicable on You when You access and use Our Application/Website. The defined terms used in this Privacy Policy shall have the same meaning as assigned to them in the T&C. By using this Application/Website, You signify Your acceptance of the Privacy Policy and expressly consent to Our collection, use, disclosure, and retention of Your personal information as described in this Privacy Policy. If You do not agree to this Privacy Policy and/or to Our processing of Your data/information in the manner outlined in this Privacy Policy, please do not use this Application/Website or submit any personal data to Us. Our Privacy Policy is subject to change at any time without notice. To make sure You are aware of any changes, please review this Privacy Policy periodically. Your continued use of the Application/Website following the posting of changes to this Privacy Policy will be deemed Your acceptance of those changes.
BY USING OUR SERVICES OR BY OTHERWISE GIVING US YOUR PERSONAL INFORMATION, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY.
This Privacy Policy refers and applies only to the Application/Website. Its main aim is to inform the Users of the way their personal data is collected and processed, providing relevant information to the user, as well as fixing the accessing conditions and the use of the Application/Website.
Personally Identifiable Information means any information that may be used to identify an individual, including but not limited to the following:
(a) Information about Your personal identity inter alia as name, date of birth, gender.
(b) Your contact details such as Your address, postal code, telephone or mobile number and facsimile;
(c) User ID information such as Your username, email address and other security-related information used by You in relation to access and use Our Application/Website and Content. However, the password of Your account with the Application/Website automatically get saved in Our server when You create an account or register with the Application/Website which shall not be accessed by the Company unless desired under any legal obligation.
The aforementioned shall collectively be referred to as “Personal Information”. Personal Information will also include any personally identifiable information provided by You in any form during any interaction or communication with Us or any other users of Our Application/Website.
When You use Our Application/Website, We collect and store 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 browsing experience, to notify You of any updated information and new activities and other related functions offered by the Application/Website, keep You informed about latest Content available on the Application/Website, special offers, and other products and services of the Application/Website, to assist You with customer service or technical support issues, to follow up with You after Your visit. For the aforesaid purpose, We only collect such personal information that We consider relevant to understand You or Your interests such as the language in which You watch the media content, preference for sub-titles and dubbed content, and the media subscription You own etc.
Personal Information may also get collected and shared with third-parties if there is content from the Application/Website that You specifically and knowingly upload, share or transmit to an email recipient, online community, Application/Website, or to the public, e.g. uploaded photos, posted reviews or comments, or information about You or anything posted by You that You choose to share with others through features which may be provided on Our Application/Website. Such uploaded, shared or transmitted content will also be subject to the privacy policy of the email, online community, Application/Website, social media or other platforms to which You upload, share or transmit the content.
3.2 Information we collect during access and use of Our Application/Website:
Apart from any Personal Information provided by You, We may also collect certain non-personal and/or technical information through third-party sources, platforms (such as social networking Application/Website, databases, online marketing firms, and ad targeting firms) and other channels.
3.3 Information we collect from other sources:
We may access information about You from third-party sources and platforms (such as social networking Application/Website, databases, online marketing firms, and ad targeting firms), including:
(b) demographic data, such as age range, gender, and interests;
(c) advertisement interaction and viewing data, such as ad click-through rates and information about how many times You viewed a particular ad; and
Please note that the Website may combine the information that we collect with information we obtain from third-party sources.
In addition to the above, We may collect information about how You use Our Application/Website such as the date and time You visit the Application/Website, the sections or pages of the Application/Website that You visit, the amount of time You spend viewing the Application/Website, the number of times You return to the Application/Website, visits to Application/Website outside Our network, and other click-stream data. Some of this data may be shared with partners who referred You to Our Application/Website and who will use the data to optimize who else they refer to Our Application/Website. Sometimes this data can be shared with partners who help Us deliver ads to You on Application/Website not controlled by Us.
The aforementioned information herein collected by Us under Clause 3.1, 3.2 and 3.3 are collectively referred to as “Information”.
We use the Information to understand Your needs and accordingly facilitate Our services and route You through the relevant information that meets Your need. We do not sell, rent, trade or exchange any personally identifying information of Our Users. We may provide the Information to Our affiliates and service providers under contract (such as customer care, data analytics) to support the operation of the Application/Website and Our services. To the extent we use Your personal information to market to You, we will provide You the ability to opt-out of such uses.
We also use the Information to provide contents and services that are targeted to Your interests. By accepting the Privacy Policy, You expressly agree to receive this communications/information. If You do not wish to receive these communications, we encourage You to opt out of the receipt of certain communications in Your profile under My Account or by clicking unsubscribe any email communication. You may make changes to Your profile at any time.
4.1 Processing for User Login
We may use the Information for processing Your login for Our Application/Website.
4.2 Technical and functional management
We use technical data such as Your IP address to help diagnose problems and resolve issues related to functionality of the Application/Website.
We aggregate and analyze the Information that We collect and may use the same to monitor and analyze use of the Application/Website, to increase Our Application/Website 's functionality, and to better tailor Our Content and design to suit Our Users’/visitors' needs so as to provide them with a smooth, efficient, safe and customized experience while using the Application/Website.
We may also use the Information that We collect to fulfill Your requests for products, services, and information, which helps us respond to Your customer service requests and support needs, more efficiently. For example, We may use Your contact information to respond to Your customer service requests or to enable You to participate in features on the Application/Website such as surveys, polls, and message boards. We may also use information in the aggregate to understand how Our Users as a group use the services and resources provided on Our Application/Website and use feedback You provide to improve Our products and services.
Further, We use the Information to resolve disputes; troubleshoot problems; measure consumer interest in the services provided by Us, inform You about online and offline offers, products, services, and updates; customize Your experience; detect and protect Us against error, fraud and other criminal activity; enforce the T&C or this Privacy Policy, and in general to improve the Users experience.
4.5 Email Communications w.r.t Marketing and Newsletters etc.
We may use the Information that we collect to send You e-mail communications, such as editorial updates, information about Your account or changes to the Application/Website, newsletters, marketing and promotional messages about Our own or Our marketing partners' products and services that may be of interest to You. It may also be used to respond to Your inquiries, questions, and/or other requests. If You signed up for one of Our email newsletters, we will also send You the newsletters that You requested. If You decide to opt-in to Our mailing list, You will 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 email or User may contact us via Our Application/Website.
In order to provide Our Users/visitors with free access to Our content, We display advertisements on the Application/Website, many of which are targeted based on information about You. For example, using Information collected through cookies, web beacons, and other sources, we may use demographic data or information about Your online activities or interests to display targeted advertising that may be relevant to Your preferences. Through this process, advertisers reach Application/Website visitors who are most interested in their products and You see advertising for products or services in which You may be interested.
Third-party advertisers and advertising platforms also may serve targeted ads on the Application/Website. For more information, please see the section on third party websites of this Privacy Policy. Please remember that the information practices of third-party advertisers or websites collecting data on Our Application/Website are not covered by this Privacy Policy.
4.7 Enforcement:
We may use the information that we collect to prevent illegal activities, to enforce the Privacy Policy, and to otherwise protect Our rights and the rights of Our Users.
In addition to the uses identified above, we may use the Information that We collect for any other purposes disclosed to You at the time We collect Your information.
5. Disclosure of Information to Others
5.1 Legal Requests and/or Compliance with Applicable Laws
We cooperate with law enforcement and regulatory inquiries, as well as other third parties to enforce laws, such as intellectual property rights, fraud and other rights, to help protect You and the community. Therefore, in response to a verified request by any statutory authority including but not limited to law enforcement agency or other government officials relating to a criminal investigation or alleged illegal activity, we may (and You authorize us to) disclose, as per the applicable laws, some of Your personal information as is reasonably necessary to respond /comply with the statutory mandate including but not limited to court orders, or other legal process. We may access, use, transfer or disclose Your Personal Information to third parties such as government or law enforcement authorities or private parties, if it is legally and statutorily required to do so under any of the following conditions:
In case of any illegal, ethical or legally actionable activity, we may use IP address or other device identifiers, to identify users, and may do so in cooperation with third parties such as internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in Our discretion. Such disclosures may be carried out without notice to You. However, we shall not sell, share or rent the Users Personal Information to any third party or use any users e-mail id for sending any unsolicited mails.
5.2 Other Corporate Entities
We share much of Our data, including Information about You, with Our affiliates, subsidiaries, and joint ventures that are committed to serving Your online requests and related services, throughout the world. To the extent that these entities have access to Your personal information, they remain bound by the existing Privacy Policy. As we continue to develop Our business, we might sell or buy stores, subsidiaries or business units. In such transactions, Users’ Information generally is one of the transferred business assets but shall remain subject to the terms and conditions contained in this Privacy Policy.
5.3 Internal Service Providers
We may employ third party services to facilitate or outsource one or more aspects of the business, product and service operations that we provide to You on the Application/Website (e.g., search technology, discussion boards, bill collection, affiliate and rewards programs, co-branded credit cards) and therefore we may provide some of Your personal information to these internal service providers. These internal service providers' are subject to confidentiality agreements with us and other legal restrictions that prohibit their use of Your personal information for any other purpose except to facilitate the specific outsourced service. In the event of Your direct involvement with the internal service provider, any additional information disclosed by You to them shall be subject to internal service provider’s own applicable privacy policy and the Application/Website /Company shall not be responsible for the same.
5.4 With Users’ explicit consent
We do not sell or rent Users’ personal information to third parties for their marketing purposes, but with Your explicit consent, we may disclose Your personal information (i) to third parties for their marketing and advertising purposes; (iii) to send You promotions, notifications, or other services. However, the Users have the right to opt-out of receiving marketing communications about the Company/ Application/Website.
6. Protection and Security Information collected by the Application/Website
We take Our security responsibilities very seriously and take all reasonable technical and organizational measures to protect Your Information once we have received them. We use security measures consistent with current best practices to protect Our Application/Website, email and mailing lists. These measures include technical, procedural, monitoring and tracking steps intended to safeguard data from misuse, unauthorized access or disclosure, loss, alteration or destruction.
We also have physical, electronic, and procedural safeguards that comply with the laws prevalent in India to protect personal information about You and, accordingly, we take appropriate security measures to protect against unauthorized access, alteration, disclosure or destruction of Your personal information, username, password, transaction information and data stored on Our Application/Website in compliance with the provisions of the Information Technology Act, 2000 and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, to ensure the protection and preservation of Your privacy. In addition to the above, we, on best endeavour basis, try to limit access to personal information of Our users to only such users who we believe reasonably need to come into contact with that information to provide products or services to You. However, no data transmissions over the internet can be guaranteed to be 100 percent secure. Consequently, we cannot ensure or warrant the security of any information You transmit to us and You understand that any information that You share is done at Your own risk.
7. Retention of Personal Information
Unless specified otherwise in this Privacy Policy, we will retain Your Information as permitted or required by applicable law. In some cases, even after cancellation of the user account, Your Information may be retained for the purpose of legal and regulatory compliances, resolving disputes, concluding activities related to account cancellation, enforcing Our agreements and Privacy Policy or for any other reason which may be deemed necessary. However, the Information of the User will get anonymized upon cancellation of user account except for the abovementioned purposes.
You are responsible for maintaining the accuracy of the Personal Information submitted at the time of login. If there are any changes in Your Personal Information details, You may correct or update the information. To do so, please log into Your account, and You will find options for editing the information You have submitted.
9. Disclaimer
This Privacy Policy is to be read with the T&C and Disclaimer which together establish the use and limitations of liability governing the use of the Application/Website.
10. Indemnification
You agree and undertake to indemnify and hold harmless Us, from and against any and all suit, dispute, actions, damages, costs and expenses, if any, of whatsoever nature, arising out of or in any way connected with this Privacy Policy, Information and/or Your use or access of Application/Website.
You expressly understand that under no circumstances, including, but not limited to, negligence, shall We be liable to You or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: (i) unauthorized access to or alteration of Information; (ii) any unauthorized access to or use of Our secure servers and/or any and all Information stored therein.
11. You represent that You have accessed the Application/Website and have provided Information on Your own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws. This Privacy Policy is governed by the laws of India and the courts at Lucknow shall have exclusive jurisdiction.
12. Changes in this Privacy Policy
We reserve the right to make changes to this Privacy Policy at any time. Although We will post details of all changes made to the Privacy Policy on the Application/Website, however, the same can be changed without prior confirmation to You. We encourage You to visit the Application/Website from time to time to make sure You are aware of any changes and/or latest information on Our privacy policies and practices. We shall not be liable for any damages You may suffer as a result of failure to provide You notice of any changes to this Privacy Policy as set forth herein.
Ekk