Introduction

At GenieTalk, we value your trust and respect your privacy. We are committed to the protection of the personal information provided by you to us. This privacy policy ("Privacy Policy") provides you with details about the manner your data is collected, stored, disclosed and used by us. Please note that the Privacy Policy shall apply regardless of whether you use a computer, mobile phone, tablet, television, or other devices to access our Services. It is important that you read the Privacy Policy before you use our Services and consent to the practices we describe in our Privacy Policy. All users of the Platform are advised to read this Privacy Policy carefully.  If you do not agree to the terms of this Privacy Policy, please refrain from using the Platform. When you browse through the Platform and/or avail the Services, you agree to be bound by this Privacy Policy. We ensure compliance with applicable laws by periodically updating this Privacy Policy. Hence, you are strongly advised to read this policy carefully from time to time.

Regulatory Framework Scope & Applicability

This Privacy Policy is published in compliance with, inter alia: (i) the Information Technology Act, 2000; (ii) Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (" Data Security Rules"); and (iii) Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

This Privacy Policy describes your privacy rights regarding our collection, use, storage, sharing and protection of your information including your personal information. This Privacy Policy applies to personal information collected by us in connection with the Services. This includes information collected offline through our customer engagement centres, direct marketing campaigns, marketing and advertising practices and online through our Platforms, mobile applications, services, tools and branded pages on third party platforms and applications accessed or used through such Platforms or third-party platforms (" Company Sites") regardless of how you access or use them.

This Privacy Policy also applies to our targeted content, including offers and advertisements for Services, which we (or a service provider acting on our behalf) may send to you on third party Platforms, platforms and applications (" Third Party Sites"). These Third Party Sites may have their own privacy policies and terms and conditions. We encourage you to read them before using those Third Party Sites.

This Privacy Policy is hereby incorporated into and forms part of the Terms and Conditions available. Capitalized terms used but not defined in this Privacy Policy shall have the meaning attributed to it in our Terms and Conditions.

This Privacy Policy states the following: (i) the type of information collected from the Users, including Personal Information (as defined below) and Sensitive Personal Data or Information (as defined below); (ii) the purpose, means and modes of collection, usage, processing, retention and destruction of such information; and (iii) how and to whom we will disclose such information.

The information collected from you by GenieTalk may constitute 'personal information' or 'sensitive personal data or information' as defined under the Data Security Rules. " Personal Information" is defined under the Data Security Rules to mean 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. The Data Security Rules further define " Sensitive Personal Data or Information" of a person to mean such personal information about that person which consists of information relating to: (i) passwords; (ii) financial information such as bank accounts, credit and debit card details or other payment instrument details; (iii) physical, physiological and mental health condition; (iv) sexual orientation; (v) medical records and history; (vi) biometric information; (vii) any detail relating to the above clauses as provided to body corporate for providing services; and (viii) any of the information received under the above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.

Company may offer you the ability to connect with the Services using a mobile device, either through a mobile application or via a mobile optimized Platform. The provisions of this Privacy Policy apply to all such mobile access and use of mobile devices.

The Platform and our Services are designed and intended for use by adults. If you are a minor, please do not share your personal data or information. If we discover that we have collected information from a minor, we will delete that information as soon as possible. In no event shall the Company be liable for any information provided by a minor. We may use your personal information to carry out age verification checks and enforce any age restrictions applicable to the Account.

The general provisions as outlined in the Terms and Conditions shall be applicable to this Privacy Policy as well.

Your Consent

You specifically accept this Privacy Policy when you access and/or use the Platform, the Services and the Company Sites.

By accessing, browsing and/or using the Platform, the Services and the Company Sites, you are specifically consenting to GenieTalk collecting, using, storing, sharing and disclosing your personal information in accordance with this Privacy Policy. If you do not agree to the collection, use, storage, sharing and disclosure of your personal information in this way, please do not use the Platform, the Services and the Company Sites or otherwise provide us with your personal information.

You acknowledge that this Privacy Policy is a part of the Terms and Conditions of the Company Sites and the Services, and you unconditionally agree that becoming a user of the Company Sites and its Services signifies your: (i) assent to this Privacy Policy, and (ii) consent to us collecting, storing, processing and/or disclosing your Personal Information and Sensitive Personal Data or Information in the manner and for the purposes set out in this Privacy Policy. Your visit to the Company Sites and use of the Services is subject to your unconditional acceptance of this Privacy Policy and the Terms and Conditions.

The collection, use and disclosure of information which has been designated as Personal Information or Sensitive Personal Data or Information under the Data Security Rules require your express consent. By affirming your assent to this Privacy Policy, you provide your consent to such use, collection and disclosure in accordance with this Privacy Policy.

The Platform uses artificial intelligence programmed to learn your behavioural patterns to personalize and/or improve the Services or suggest Products to you. We do not use such automatically generated data for any other purpose other than as mentioned in this Privacy Policy. You hereby give us express consent to use such data in accordance with the terms of this Privacy Policy and our Terms and Conditions.

Collection Of Personal Information

GenieTalk works on artificial intelligence chat bots that are suggestive, predictive and personalized and for this unique feature the application requires to collect as much as information such as personal information, behaviour pattern, certain choices and preferences in terms of products and services which makes GenieTalk capable of executing various transactions using the tie ups with Third Party Providers.

When you access or use the Platform, the Services and the Company Sites, we collect information about you through various means as described below:

Information provided by the User

• When you create an Account with GenieTalk, purchase a Product, download a software update, [register for a class at a GenieTalk store], contact us (through call, text, email or any other mode) or participate in an online survey, we may collect a variety of information, including your name, mailing address, phone number, email address, nick name, website, company/title, contact, demographic information such as gender, age, occupation, household income and zip code, personal calendar, credit/debit card information, login information for Facebook, and Gmail account. Similarly, we may also collect the information of your family and friends when you share your content with intention to use this information to satisfy your request and provide you with better range of products and services. GenieTalk, may from time to time, access your contact list and/or SMS data on your mobile device to collect, use your contact list or SMS data in accordance with this Privacy Policy with the sole purpose of providing a personalized experience on the Platform. We may also require you to share your Government issued ID (such as Aadhaar card number, PAN number, etc.) in case any circumstances complying under application of law.

Information collected from use of our Services

• In addition to the information you provide, we may collect information about your use of our Services through software on your device and other means, which includes access to information which our application will require you to provide including but not limited to access to location, access to the communication information, access to your log information, access to your voice information (while your use of our Platform).
• When you browse through our Platform, we may collect information regarding the domain and host from which you access the internet, the Internet Protocol (IP) address of the computer or Internet service provider (ISP) you are using, and anonymous site statistical data.
• Some of our mobile Services may collect your unique mobile device identifiers including but not limited to IMEI, subscriber identity information, network service provider specific identifiers, network settings and other such information.
• The permissions to access such information can be obtained from the user from time to time in accordance with the Service requested by the user. For instance, location information (precise location data) can be collected, used, and shared, including the real-time geographic location of your device in order to provide you with enhanced location-based service.
• It is important to note that GenieTalk Private Limited will be authorised to store your credit card information in an encrypted format once the company is PCI-DSS certified. The Customer’s credit card details shall continue to reside in GenieTalk Platform.
• GenieTalk shall not be liable or responsible, should any confidential or other information provided by or pertaining to the Customer (including credit card numbers, passwords, personal identification numbers, IDs, transaction details, etc.) be intercepted or altered and subsequently used by an unintended recipient.

Information from Third-party Source

• We may obtain information regarding the users through the public and commercial sources (sources which are permitted under the law) along with information from third party social networking services when you select to connect with those services. Example of information we might receive from other sources are IP address, websites visited, the advertisements on those websites, and the searches performed using such engines along with their results.

Cookies

• A "cookie" is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. GenieTalk uses cookie and tracking technology depending on the features offered. Cookies can remember your sign-in credentials for further reference.
• Cookies helps us and third parties to understand the most popular parts of the Services, the ads you have watched in order to avoid repetition, and to provide you with relevant content and advertising by collecting information about your use of our Platform, the Services, other websites and apps. Through this kind of information, we are better able to adapt the Services and provide you with a better experience.
• No personal information will be collected via cookies and other tracking technology; however, if you previously provided personal identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
• You can configure your browser to accept or reject all or some cookies. However, some services may be designed to work using the cookies and that disabling cookies may affect your ability to use those services.

Beacons

• GenieTalk may accompany third parties in use of technologies known as beacons (or pixels) which enables GenieTalk to collect information from your device to a server. Beacons can be embedded in online content, videos, and emails, and can allow a server to read certain types of information from your device, know when you have viewed particular content or particular email, message, and also determine the time and date on which you viewed the beacon, and the IP address of your device. This technology is used for various purposes along with analyzing use of our Services and offering content and advertisements which are relevant to the user's lifestyle.

Use Of Information

• Our primary purpose in collecting personal information is to provide you with a secure, smooth, efficient, and customized experience. We may use your personal information:
• to set-up your Account and register you in order to provide you with large range of products and services assistance;
• to enable you to access the Platform and use the Services;
• for the provision of seamless and efficient Services to you, customised in accordance with User preference, i.e. for performing our obligations towards you;
• to provide you with services and products which you explicitly requested for;
• for business management, accounting and auditing purposes;
• to verify your identity;
• to provide you with necessary details pertaining to your Account and your license to use the Services, including, sending notifications for termination of contract;
• to accept payments from you for using the Services, and to process and complete your transactions on the Platform and to send you related information, including purchase confirmation and invoices;
• to send transactional communications, including responses to your comments, questions and requests;
• to contact you, through voice call, text messages, or emails, as authorised by you, under the Terms and Conditions;
• to send you offers based on your previously ordered products and services;
• to inform you about offers, products, services and updates;
• to do such activities for which you have explicitly given us consent;
• to comply with applicable laws, rules and regulations, as updated from time to time;
• to detect, prevent or remedy any breach of the Terms and Conditions;
• to create, develop, operate, deliver, and improve our products, Services, content and advertising;
• to comply with applicable security standards and to prevent money laundering and/or fraud or any attempt thereof;
• to protect you from loss and fraudulent activities;
• to protect the public interest or for official purposes, if formally requested by any investigative or other governmental authority;
• in customising the Services which results in better experience, and for appropriate response to the instruction, requests and queries;
• to resolve disputes, troubleshoot concerns and help promote safe Services;
• to measure consumer interest in our Services;
• to send important notices, such as communications about purchases, software update and changes to our terms, conditions and policies;
• to keep you informed with the latest product announcement, upcoming events, and other promotional offers;
• to help detect and protect against error, fraud and other criminal activity;
• to deal with legal disputes, if any;
• to ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems; to help us study and track the purpose and manner the users prefer to use our Services and update our Services and operate, evaluate and improve our business;
• to perform research, business and/or operational analysis;
• to track user activity and behaviour pattern on the Platform;
• to generate internal reports about our user base and service usage patterns, analyse the accuracy, effectiveness and popularity of the Services; and
• for internal purposes like auditing and data analyses for business development.

DISCLOSURE

• The personal information which you disclose to GenieTalk is not shared unless it is required in order to provide you certain requested Services. However, we may disclose your information for the following purposes:
• Processing of Transactions: We share information, including personal information, with our officers, employees, consultants, agents, representatives, sub-contractors, service providers and business partners to enable them to undertake, perform and deliver the Services purchased by you.
• Affiliates: GenieTalk may disclose personal information to its Affiliates for the better functioning and providing more satisfactory experience.
• Business Partners: We may share your information with business partners, including wireless carriers. These entities may use your information to provide you with services you request, make predictions about your interests and may provide you with promotional material, advertisements and other materials. GenieTalk shall not be held liable for any acts or omissions committed by any of its business partners.
• Service Providers: GenieTalk may share the information with the companies/entities that provide services for or on behalf of GenieTalk. This includes the companies/entities who provide services such as information processing, extending credits, fulfilling customer orders, delivering products, managing and enhancing customer data, providing customer service, assessing your interest in our Products and Services and conducting customer research or satisfaction surveys.
• Third Parties: GenieTalk may disclose a user's information to a third party for performance for various duties regarding the services to be provided. In certain cases, the third party may obtain such information directly from your device. GenieTalk shall not be held liable for these third-party providers' privacy or security practices. The privacy and security practices of the relevant providers, including details on the information they receive from us or collect about you, are subject to the privacy statements of these parties, which we strongly suggest you to review.
• Publishers and Advertisers: We may share the information with our publishers and advertisers to aid in their understanding of how Users are using our apps and engaging with ads.
• Compliance with Laws and Law Enforcement Requests & Protection of our Rights: We may also share your data with third parties where we believe in good faith that such disclosure is necessary to comply with any applicable law or to comply with legal processes and to respond to requests from public and government authorities, including public and government authorities outside your country of residence, to prevent imminent physical harm or financial loss, to enforce our Terms and Conditions, including to meet national security or law enforcement requirements. We may disclose personal information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We may also share such information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms and Conditions, or as otherwise required by law. We may also share your information in situations involving potential threats to the physical safety of any person, violations of this Privacy Policy or to respond to the claims of violation of the rights of third parties and/or to protect the rights, property and safety of the Company, our employees, Users, or the public and obtaining your consent is difficult. We, at our sole discretion, shall have the right to disclose your personal information to third parties, in the event we believe it to be necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or any other unlawful activity.
• Other parties: GenieTalk may share information to such other parties in cases where it is imperative to share in order to protect our Services, when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss.
• Business Transaction: We may share your information in connection with any corporate restructuring, including a merger, demerger, amalgamation, reorganisation, sale of some or all of GenieTalk's assets, a change in control transaction or a financing or acquisition of all or a portion of our business by another company.
• Consented parties: We may disclose your information to a third party when you consent to or request such sharing.
• Express Consent: We may share your information in any other circumstances where we have your express consent.

Links To Third Party Sites And Services

The Platform may contain links to third-party Platforms, including but not limited to, the payment gateway, e-commerce Platforms, Third Party Providers, marketing platforms and social media services. Your use of these features may result in the collection, processing, use, storage or sharing of information about you, including your personal information, by these Platforms, depending on the feature. Please be aware that we are not responsible for the content or privacy practices of other platforms or services that may be linked on our Services. We do not endorse or make any representations about third-party platforms or services. The information you choose to provide to or that is collected by these third parties is not covered by our Privacy Policy. We shall, at no time, be liable for any unauthorised use of your personal information by these third-party platforms. We strongly encourage you to read such third parties' privacy policies.

Accessing Your Information

You may, under applicable law, have the right to access, correct, update or delete the personal information GenieTalk holds about you. In order to exercise your rights, to the extent permitted and required of GenieTalk under applicable law, please contact us.

You can help ensure that your contact information and preferences are accurate, complete and up to date by logging into your Account and go to setting option on your mobile application. If you desire to have an access of your information while your use of the Platform, in certain cases you may be required to answer certain security questions. Such practice is done only to ensure that no one has unauthorized access of your information.

Under the laws for some jurisdictions, you may have the right to request details about the information we collect and to correct inaccuracies in your information. Any further statutory user rights remain unaffected. If permitted by law, we may charge you a small fee for providing with this ability. We may decline requests that are unreasonably repetitive, require disproportionate technical efforts, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local laws.

For any questions or comments that you have about this Privacy Policy or any practices of the Platform and you would like to update or verify any personal information that we already have then please use your login account details or perform the activities or contact us.

Information Security

We take appropriate security measures to protect against unauthorized access, unauthorized alternation, disclosure, destruction of data. We strive to attain the same by internal review of data collection, storage and processing practices and other security measures including appropriate encryption and physical security measures to guard against unauthorized access to the system where we store your personal data.

All information that we gather about you is securely stored within our controlled database. Your personal data and information is maintained by GenieTalk in electronic form on its equipment, and on the equipment of its employees, agents, representatives and sub-contractors. Such information may also be converted to physical form time to time. The database is protected by multi-layer security system, which strives to ensure the security and privacy of your personal information against unauthorized access or unauthorized alteration, disclosure or destruction. However, no matter how effective our security measures are, no security system is impenetrable.

Please note your access to the Platform or the Services will be through a secured OTP sent to your registered mobile number. Please do not share your OTP with anyone. Genie Talk shall not be held liable for any fraudulent activities in such cases.

Data retention, Deleting Your Information & Opting Out

We respect your communication preferences, if you no longer wish to receive notifications via our Platform, you can adjust your preferences. If you prefer not to receive ads that are tailored to your interests, you can opt out by writing to us at support@ogenie.app at any time.

GenieTalk may use your information to contact you in the future to inform you about the Services GenieTalk believes will be of interest to you. If GenieTalk does so, each communication it sends to you will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time you wish not to receive any future communications or wish to have your name deleted from our mailing lists, please contact us at support@ogenie.app.

If you wish to opt-out of receiving non-essential communications such as promotional and marketing-related information regarding the Services, please send us an email at support@ogenie.app.

Due to the nature of the Services, and the restricted access to our Platform, the only way for you to opt out of sharing your personal information with us which are essential for providing the Services is by deactivating your Account. If you wish to cancel your account or request that we no longer use your information to provide you services contact us. Upon deletion of your Account, GenieTalk shall, at its earliest, stop sharing your personal information in accordance with this Privacy Policy. Any personal information shared before such deactivation shall be governed by this Privacy Policy. 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, but our use of the anonymized data will be solely for analytic purposes. Please note that your withdrawal of consent or cancellation of account may result in GenieTalk being unable to provide you with its Services or to terminate any existing relationship GenieTalk may have with you.

GenieTalk may, at any time, delete your information, including but not limited to, your personal information, without any prior notice to you. Upon the expiry of your license to use the Services or deactivation and/or termination of your Account, GenieTalk shall have the right to, immediately and permanently, delete all stored messages, emails, contents and all other records of your Account without any notice.

Except to the extent provided herein, we will destroy your personal information upon the fulfilment of its purpose. We may, however, retain your personal information for: (i) accounting purposes for such time period as is prescribed under applicable law; (ii) for legal purposes till the completion of statutory limitation for bringing any suit, if any; (iii) to resolve disputes; and (iv) to enforce agreements.

Compliance and Cooperation with Regulatory Authorities

We regularly review our compliance with Privacy Policy. The services which we provide at GenieTalk are in compliance with Payment Card Industry Data Security Standard (PCI DSS) and Secure Sockets Layers (SSL). When we receive formal written complaints, we will contact the person who made the complaint to follow up. GenieTalk work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

Children's And Minor's Privacy

The Platform and our Services are designed and intended for use by adults. If we discover that we have collected information from a minor, we will delete that information as soon as possible.

We strongly encourage parents and guardians to supervise the online activities of their minors to help provide a child-friendly online environment and prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although the Services are not intended for use by minors, we respect the privacy of minors who may inadvertently use the internet or the mobile application.

Disclaimer

We shall not be liable for disclosure of your username and password and you shall be solely responsible for protecting your username and password, at all times. You shall choose your password carefully and shall not use other User's username and password to log in to the Platform at any point of time. You shall be solely liable for any unauthorised use of the Platform through your Account. In the event of such unauthorised usage, you shall notify us immediately and reset your password accordingly.

While we give utmost importance to protecting User data, we cannot ensure that all your personal information (including sensitive 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 personal information will always remain private. As a User of the Platform, you understand and agree that you assume all responsibility and risk for your use of the Platform, the internet generally, and the documents you post or access and for your conduct on and off the Platform.

There is no absolute secure of the transmission over the internet or any electronic storage and we try our best to use technological means to protect and secure your personal identifiable information, however we cannot guarantee and also you cannot expect that there will be immunity from any wrongdoings, malfunctions, unauthorized interceptions or access, or other kinds of abuse and misuse.

Notwithstanding anything contained herein, GenieTalk shall not be responsible for the confidentiality, security or distribution of your personal information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, GenieTalk shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of GenieTalk including but not limited to computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of internet service or telephone service of the user or other force majeure events.

Contact Us At

Should you have questions about this Privacy Policy or our information collection, use and disclosure practices, or if you would like to make a complaint about a possible breach of local privacy laws, you may contact the Grievance Officer appointed by GenieTalk in accordance with the provisions of the Data Security Rules. We will use reasonable efforts to respond promptly to any requests, questions or concerns, which you may have regarding our use of your personal information. If you have any grievance with respect to our use of your information, you may communicate such grievance to the Grievance Officer mentioned below:

Registered Address: GenieTalk Pvt. Ltd., Technopark, 74/II, "C" Cross Road, Opp Gate No 2, Seepz, Andheri East, Mumbai, Maharashtra-400093

Email: legal@genietalk.com

Contact Number: + 91-22- 26813341

Last updated on Aug 25, 2018