At Upbringo Private Limited, your privacy is important to us.
“Upbringo Private Limited” is concerned about the privacy of the data and information of the Users accessing the website – “upbringo.com” or mobile applications- “Upbringo”.
This Policy is a legally binding document between the User and “Upbringo Private Limited”. The terms of this Policy will become effective, as soon as the user logs on to our application / website, and will govern the relationship between the User and Upbringo Private Limited.
This Policy forms an electronic contract within the provisions of the Information Technology Act, 2000 (“IT Act”), the rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the IT Act, from time to time. This Policy does not require any physical, electronic or digital signature.
Upbringo Private Limited will not differentiate between who is using the device to access the Website/Application, so long as the log in/access credentials match with yours. In order to make the best use of the Website/Application and enable your Information to be captured accurately on the Website/Application, it is essential that you have logged in using your own credentials.
The terms “We”/ “Us”/ “Our” individually and collectively refer to and are synonymous with the term “Upbringo Private Limited”. The terms “You” / “Your” / “Yourself” are to be construed to be synonymous with the term “User”.
All defined terms used within this Policy but not specifically defined herein shall draw their meaning from the definition ascribed to such term under the T&C.
1. COLLECTION OF INFORMATION
Upbringo Private Limited may during the course of the User”s usage of the Website collect the following personal and nonpersonal information and such other information from the Users for accessing the Website/Application (“Information”), as part of the voluntary registration process, any on-line survey or interaction on the Website or combination thereof, as may be required from time to time. The Information shall be collected in order to conduct operations on the Website. The Website collects or can request for the below mentioned Information from the Users
1.1 Personal Information:
(i) Name of the User;
(ii) Phone number (mobile and/or residence and/or alternative) of the User;
(iii) Gender of the User;
(iv) Date of birth of the User;
(v) Address (official/residence/other) of the User;
(vi) Email Id (primary/alternative) of the User;
1.2 The Information may be collected and/or stored in electronic form, however, Upbringo Private Limited is hereby authorized by the User to collect/store such information in physical form as well.
1.3 The Website/Application may share the Information of a User with any third party entities subject to such entities adopting reasonable safety standards with respect to the use of such Information.
2. REPRESENTATION AND WARRANTIES
Every User hereby represents and warrants to Upbringo Private Limited that:
(a) all Information provided by the User is true, correct, current and updated;
(b) all Information provided by the User and the provision of such Information by the User does not in any manner violate any third party agreement, law, decree, order or judgement;
(c) all Information provided by the User does not belong to any third party, and if it does belong to a third party, the User is duly authorized by such Third Party to use, access and disseminate such Information;
(d) the officers, directors, contractors or agents of Upbringo Private Limited shall not be responsible in any manner whatsoever with regard to the authenticity or veracity of the Information that a User may provide to the Website/Application; and
(e) the User shall indemnify and hold harmless Upbringo Private Limited and each of its officers, directors, contracts or agents and any third party relying on the Information provided by the User in the event the User is in breach of this Policy.
Upbringo Private Limited represents and warrants to every User that:
(a) it shall not collect the User”s sensitive personal data unless such sensitive personal data is collected for a lawful purpose for which such collection of data is necessary;
(b) it shall not retain any sensitive personal data for longer than such sensitive personal data is required or can be lawfully used;
(c) in the event Upbringo Private Limited collects Information directly from the User, Upbringo Private Limited shall make reasonable effort to apprise the User of the purpose of such collection of Information, the intended recipient of the Information and the details of the agencies collecting and retaining the Information; and
(d) it has in place the security practices and procedures prescribed under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“IT Rules”).
3. PURPOSE AND USE OF INFORMATION
All Information collected/stored by the Website/Application shall be used for:
(a) providing information about new educational service and management to the Users;
(b) to continually improve the existing Website/Application and service;
(c) to conduct surveys;
(d) to implement the necessary security practices to ensure that all personal data are protected;
(e) to contact the Users in case where fraud, illegal activities or breach of privacy is recorded;
(f) to enable the employees of or persons acting on behalf of Upbringo Private Limited to communicate with the User, as and when necessary, in order to provide the services requested by such User;
(g) such other purposes that Upbringo Private Limited, at its sole discretion, however subject to the principles contained in this Policy, may deem fit.
4. SHARING OF INFORMATION
Every User hereby expressly agrees that Upbringo Private Limited may share the Information collected from such User with its affiliates, employees, and such other individuals and institutions located within or outside India from time to time to ensure efficient management of Website/Application traffic, to detect and prevent identity theft and other illegal acts, and to respond to legal, judicial, quasi-judicial law enforcement agencies or in connection with an investigation on matters related to public safety, as required and permitted by law and for such other purposes that Upbringo Private Limited may deem fit from time to time.
5. COOKIES AND THIRD PARTY WEBSITE LINKS
The Website/Application send cookies (small files containing a string of characters), thereby uniquely identifying your browser. Cookies are used to track your preferences, help you login faster, and aggregated to determine user trends.
6. PROTECTION OF INFORMATION
6.1 Upbringo Private Limited understands and acknowledges the importance of security and protection of the Information provided by and/or collected from the Users. Pursuant to the same, Upbringo Private Limited shall make the best efforts to ensure protection of Information by use of such security measures and programs that it may deem fit for the purpose. We shall employ our best efforts to protect the Information against any unauthorized, illegal and fraudulent use of such Information by third parties.
6.2 Notwithstanding anything to the contrary, Upbringo Private Limited shall not be held responsible for any loss, damage or misuse of the Information caused to the User, if such loss, damage or misuse is attributable to an event beyond the control of or attributable to Upbringo Private Limited or a force majeure event.
6.3 Upbringo Private Limited shall ensure that the Website/Application shall adopt appropriate encryption and security measures to prevent any hacking of the information of the Users and third parties and shall ensure that the User shall not be required or asked to disclose any Information, which may be prejudicial to the interests of the User. Currently, the content available on the Website/Application is encrypted where the data transfers are secured with HTTPS secured protocols.
6.4 Upbringo Private Limited shall use the Information collected from the Users in accordance with applicable laws including but not limited to the IT Act and the rules made thereunder and use the Information only for the purpose for which it was furnished.
6.5 Upbringo Private Limited has appropriate physical, electronic and managerial procedures in relation to the Website/Application. The servers of the Website/Application are accessible only to the authorized personnel and any Information of the User shall be shared with the authorized personnel only on a need-to-know basis to facilitate the services requested by the User. Upbringo Private Limited shall endeavor to safeguard the confidentiality of a User”s personally identifiable information, however, the transmissions made by means of the Internet cannot be made absolutely secure by the Website. The User agrees and acknowledges that Upbringo Private Limited shall not be liable for disclosure of any information due to errors in transmission or any unauthorized acts of third parties.
6.6 The User agrees and acknowledges that Upbringo Private Limited shall be entitled to share the Information where such sharing is necessary for the lawful performance of the contractual obligations existing between Upbringo Private Limited and the User and for such purposes as it may deem fit, however, the disclosure of Information shall be in accordance with this Policy, the IT Act and the rules made thereunder.
7. OPTION TO OPT-OUT AND WITHDRAWAL OF INFORMATION
7.1 Further, Information provided and/or collected by Upbringo Private Limited may be updated, modified, rectified or deleted at any time during or pursuant to usage of the Website/Application by a User by writing to Upbringo Private Limited at email@example.com. However, the User must note that, in case the Information is critical for continuation of services to be provided to the User, the deletion of such Information may lead to discontinuation of Upbringo Private Limited services to the User.
7.2 Mere deletion of the application with Upbringo Private Limited will not automatically erase the personal data of the User. The User must submit a written request to the above email if the User desires to delete all personal data from the Upbringo Private Limited system/platform.
7.3 After the User’s personal data is deleted, Upbringo Private Limited may not immediately delete residual copies from its active servers and may not immediately remove data from its backup systems, for archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where it is otherwise reasonably believed that there is a legitimate reason to do so. Upbringo Private Limited may also decline to delete the data in certain specific situations, such as if the data is necessary to comply with a legal obligation or to exercise/defend a legal claim.
8. GRIEVANCE REDRESSAL
The User may, report violation of breach of privacy, Information or identify theft or grievances in relation to the Information shared, collected, stored or disseminated by Upbringo Private Limited in relation to the Website/Application. The details of the grievance officer are as below:
E-mail Address: firstname.lastname@example.org
9. UPDATION OF POLICY
Upbringo Private Limited reserves the right to change or update this Policy at any time. The User shall be notified of any change to the Policy having the effect of curtailing or limiting the existing User rights under the Policy. Any such changes or updation of the Policy shall be immediately effective upon posting to the Website/Application and your continued use is deemed approval of all such changes.
10. GOVERNING LAW AND JURISDICTION
In the event of any dispute arising between the parties with respect to this Policy, 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 proceeding 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,India and shall be governed by the Indian laws.
11. USE OF THE WEBSITE/APPLICATION BY CHILDREN
To register on the website/application, you must meet the Age Requirements specified hereinbelow. If you are a “Minor” or “Child”, i.e., an individual who does not meet the Age Requirements, then you may not register on the website/application, and only your parent can register on your behalf, agree to all website/application Terms and Conditions and enable access to you under their guidance and supervision.
While some of our services may require collection of a Minor or Child”s personal information, we do not knowingly collect such personal information. In the event a Minor or Child utilizes the website/application, it is assumed that he / she has obtained the consent of the parent / legal guardian and such use is made available by the parents or legal guardian.
Upbringo Private Limited will not be responsible for any consequences that arise as a result of misuse of our website/application, that may occur by virtue of any person including a Minor or Child registering on the website/application. Upbringo Private Limited reserves the right to terminate your subscription/application and / or refuse to provide you with access to the website/application if it is discovered that you do not meet the Age Requirements and the consent to use the website/application is not given by your parent / legal guardian. We will also take necessary steps to remove such information from our servers.
If you are a parent / legal guardian and you are aware that your child has provided us with personal information without your consent, please contact us at email@example.com.
If your Child faces bullying, abuse or harassment while availing our Services/Application, please contact us at firstname.lastname@example.org.