1.GENERAL
a) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
b) This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.brainologi.com as well as for the IOS/Android Application “Access”.
c) The Application name: Brainologi (which shall hereinafter be referred to as “Application”) is owned and operated by SAB Learning Systems LLP.(“Company”) a Private Company limited by shares, incorporated under the provisions of the Companies Act, and having its registered office at Pride Regency, Viman Nagar, Pune -14, India where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
d) For the purpose of this Privacy Policy (“Policy”), wherever the context so requires,
i) The term ‘You’ & ‘User’ shall mean any legal person or entity accessing or using the services provided on this Application/Application, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
ii) The terms ‘We’, ‘Us’ & ‘Our’ shall mean the Application and/or the Company, as the context so requires.
iii) The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to
the User and the Company individually and collectively, as the context so requires.
e) The headings of each section in this Policy are only for the purpose of organizing the various provisions under this Policy in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
f) The use of the Application by the User is solely governed by this Policy as well as the Terms of Use of the Application (“Terms”), available at www.Brainologi.com/terms-and-conditions-user, and any modifications or amendments made thereto by the Company from time to time, at its sole
discretion. Visiting the home page of the Application and/or using any of the services provided on the Application shall be deemed to signify the User’s unequivocal acceptance of this Policy and the aforementioned Terms, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry / termination of either one will lead to the termination of the other.
g) The User unequivocally agrees that this Policy and the aforementioned Terms constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Application, and that the same shall be deemed to be incorporated into the Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the Application constitutes the User’s full and final acceptance of the Policy and the aforementioned Terms.
h) The Parties expressly agree that the Company retains the sole and exclusive right to amend or modify the Policy and the aforementioned Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Policy and Terms, and stay updated on their provisions and requirements. If the User continues to use the Application following such a change, the User will be deemed to have consented to any and all
amendments / modifications made to the Policy and Terms. In so far as the User complies with the Policy and Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter, access and use the Application.
2.COLLECTION OF PERSONAL AND OTHER INFORMATION
a) The User expressly agrees and acknowledges that the Company collects and stores the User’s personal information, which is provided by the User when he logs into the Application using his Facebook and/or Google Account, we will collect and use data from Facebook and/or Google which has been marked
public, i.e. which you share (Publicly) on Facebook and/or Google e.g. but not limited to your: Name, Address, School, Educational subject, Application Details, User Name, Password, Email ID, Mobile Number
b) The User is aware that the Company/Application may automatically track certain information about the User based upon the User’s IP address and the User’s behaviour on the Application, and the User expressly consents to the same. The User is aware that this information is used to do internal research on user demographics, interests, and behaviour, to enable the Company/Application to better understand, and cater to the interests of its users. The User is expressly made aware that such information may include the URL that the User visited prior to accessing the Application, the URL which the User subsequently visits (whether or not these URLs form a part of the Application/Application), the User’s computer & web browser information, the User’s IP address, etc.
c) If the User chooses to purchase services from the Application, the User consents to allowing the Company to collect information about the User’s buying behaviour and trends.
d) If the User chooses to post messages / reviews / feedback anywhere on the Application, including but not limited to message boards, chat rooms, other message areas, etc., the User is aware that any and all such information provided / uploaded will be collected and stored by the Company indefinitely, and that such retained information may be used to resolve disputes, provide customer support, troubleshoot problems, etc., and that such information, if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or otherwise used by the Company/Application as permitted by applicable laws.
e) The User is aware that any and all information pertaining to the User collected by the Company, whether or not directly provided by the User to the Company/Application, including but not limited to personal correspondence such as emails or letters, feedback from other users or third parties regarding the User’s activities or postings on the Application, etc., may be collected and complied by the Company /Application into a file/folder specifically created for / allotted to the User, and the User hereby expressly consents to the same.
f) The User is aware that the Company /Application may occasionally request the User to complete optional online surveys. These surveys may require the User to provide contact information and demographic information (like zip code, age, income bracket, sex, etc.). The User is aware that this data too is used to customise the Application for the benefit of the User, and providing all users of the Application with products/services/content that the Company/Application believes they might be interested in availing of, and also to display content according to the User’s preferences.
g) The User is further aware that the Company /Application may occasionally request the User to write reviews for products/services purchased/availed of by the User from the Application. The User is aware that such reviews will help other users of the Application make prudent and correct purchases and the User hereby expressly authorises the Company/Application to publish any and all reviews written by the User on the Application, along with the User’s name and certain contact details, for the benefit and use of other Users of the Application.
h) When you use certain features on our website such as discussion forums and pursuant to the same you post or share your personal information such as comments, messages, files, photos, the same shall be available to all users, and will be in the public domain. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting on our forums this information may become publicly available.
i) We may use third parties to facilitate our business, such as to host the service at a co-location facility for servers. Where we utilize third parties for the processing of any personal information, we implement reasonable contractual and technical protections limiting the use of that information to our specified purposes.
Nothing contained herein shall be deemed to compel the Application /Company to store, upload, publish, or display in any manner content/reviews/surveys/feedback submitted by the User, and the User hereby expressly authorises the Application /Company to remove from the Application any such content, review, survey, or feedback submitted by the User, without cause or being required to notify the User of the same.
3.TERMS OF USAGE OF COLLECTED DATA
The data collected by the Company from the User’s Facebook profile or Users’s Google account shall be used for the purposes that include but shall not be limited to the following:
(a) to administrate your account, to enable and provide the Service and integration with third party services, and to provide, personalize and improve your experience with the Service, and to otherwise provide the Service according to the terms of Service;
(b) to send you alerts or messages by push notification or otherwise, including to provide you with marketing of our and our related parties’ products and services;
(c) We also do use your contact information to send you offers based on your interests and prior activity. The Company may also use contact information internally to direct its efforts for product improvement, to contact you as a survey respondent, to notify you if you win any contest; and to send you promotional materials from its contest sponsors or advertisers. We shall be using a third party SMS gateway to verify customer mobile number, to notify order status and to send promotional messages.
(d) to inform you about updates of the Service or the terms of use;
(e) to improve and develop the Service or new services and products and to analyze your use of the Service;
(f) to ensure the technical functioning of the Service and to prevent use of the Service in breach of the terms of use;
(g) to enforce the terms of Service, including to protect our the rights, property and safety and also the rights, property and safety of third parties if necessary; and
(h) to fulfil requirements by law.
4. COOKIES
We, and third parties with whom we partner, may use cookies, pixel tags, webbeacons, mobile device IDs, “flash cookies” and similar files or technologies to collect and store information in respect to your use of the Services and third party websites. A cookie is a small text file that is stored on your computer that enables us to recognize you (for example, as a registered user) when you visit our website, store your preferences and settings, enhance your experience by delivering content and advertising specific to your interests, perform research and analytics, track your use of our Services, and assist with security and administrative functions. However, it will not be used to store sensitive information. We will be using google analytics. Cookies shall be used only for Brainologi and they shall be only created and available to Brainologi and its subdomains. Cookies may be persistent or stored only during an individual session. Most browsers are set to automatically allow cookies. Please note it may be possible to disable some (but not all) cookies through your device or browser settings, but doing so may interfere with certain functionality on the Services. Major browsers provide users with various options when it comes to cookies. Users can usually set their browsers to block all third-party cookies (which are those set by third-party companies collecting information on websites operated by other companies), block all cookies (including first-party cookies such as the ones the Company uses to collect search activity information about its users), or block specific cookies. To modify your cookie settings, please visit your browser’s help settings. You will need to opt out on each browser and each device you use to access the Services. Flash cookies operate differently than browser cookies and cannot be removed or blocked via web browser settings. By using our Services with your browser set to accept cookies you are consenting to our use of cookies in the manner described in this section.
Third parties whose products or services are accessible or advertised through the Services, including social media services, may also use cookies or similar tools, and we advise you to check their privacy policies for information about their cookies and other practices. We do not control the practices of such partners and their privacy policies govern their interactions with you.
5. DIVULGING/SHARING OF PERSONAL INFORMATION
a) The User is aware that the Application /Company may share the User’s personal information with other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of the Application’s services; and to facilitate joint or co-branded services, where such services are provided by more than one corporate entity.
b) The User is aware that the Application /Company may disclose personal information if required to do so by law or if the Application/Company in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Application /Company may also disclose the User’s personal information to law enforcement offices, third party rights owners, or other third parties if it believes that such disclosure is reasonably necessary to enforce the Terms or Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of its users, or the general public.
c) The User is further aware that the Application /Company and its affiliates may share / sell some or all of the User’s personal information with other business entities should the Company /Application (or its assets) plan to merge with, or be acquired by such business entity, or in the event of re-organization, amalgamation, or restructuring of the Company’s business. Such business entity or new entity will continue to be bound by the Terms and Policy, as may be amended from time to time.
d) The User is further aware that the Application/Company and its affiliates may share/sell some or all of the User’s personal information including the aggregate data pertaining to the user’s performance level with third party such as media
and analysers.
e) The User is further aware that the Application /Company will share the user’s personal information with payment gateways in order to process the payments in a swift manner.
6. SECURITY
Transactions on the Application are secure and protected. Any information entered by the User when transacting on the Application is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information maybe received, stored by or retained by the Company /Application for the purpose of providing a “Quick Checkout” facility to the User. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of
various banks and institutions and payment franchisees that it is associated with.
7.THIRD PARTY ADVERTISEMENTS / PROMOTIONS
The User is aware that the Company/Application uses third-party advertising companies to serve ads to the users of the Application. The User is aware that these companies may use information relating to the User’s visits to the Application and other Application in order to provide customised advertisements to the User. Furthermore, the Application may contain links to other Applications that may collect personally identifiable information about the User. The Company/Application is not responsible for the privacy practices or the content of any of the aforementioned linked Application, and the User expressly acknowledges the same and agrees that any and all risks associated will be borne entirely by the User.
8. USER’S CONSENT
By using the Application and/ or by providing information to the Company through the Application, the User consents to the collection and use of the information disclosed by the User on the Application in accordance with this Policy, including but not limited to the User’s consent the Company /Application sharing/divulging the User’s information, as per the terms contained hereinabove in Section 4 of the Policy.
9. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: [.]
Contact info: [.]
10. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of this Policy and any disputes arising herefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy and/or Terms.
a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Mumbai, Maharashtra, India
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at the city of Mumbai, Maharashtra, India shall have exclusive jurisdiction over any disputes arising between the Parties.