Privacy Policy

“PRIVACY POLICY FOR KHUSHI ADVERTISING IDEAS PRIVATE LIMITED”

KHUSHI ADVERTISING IDEAS PRIVATE LIMITED (“We” or “Us“) has created this privacy Policy (the “Policy“) to explain its privacy practices so that a visitor/subscribed user (“You” and “Your”) will understand when and how Information (defined below) is collected, used, disclosed and protected by it with respect to the Cinema Advertising, Mall Advertising, Airport Advertising, Digital Marketing, Movie Marketing, Experimental Marketing and Digital Ambient and other services (hereinafter collectively referred to as “Services”) provided through its website “https://khushiadvertising.com/” (hereinafter referred to as “Platform/Site“).

This Privacy Policy is an electronic record in the form of an electronic contract under the Information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. This privacy policy does not require any physical, electronic or digital signature.

This document is published and shall be construed in accordance with the provisions of the Information Technology (reasonable security practices and procedures and sensitive personal data of information) Rules, 2011 under Information Technology Act, 2000; that require publishing of the Privacy Policy for collection, use, storage and transfer of sensitive personal data or information.

This Privacy Policy is a legally binding document between You and Us. The terms of this Privacy policy will be effective upon your acceptance of the same (directly or indirectly in electronic form, by clicking on the “I accept” tab or by the use of the Platform or by other means) and will govern the relationship between You and Us for your use of the Platform.

Please read this Privacy policy carefully. By using the Platform, you indicate that you understand, agree and consent to this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use this Platform. You hereby provide your unconditional consent to Us as provided under section 43a and section 72a of Information Technology Act, 2000.

By using the Services and the Platform you agree to our use of your personal information (including sensitive personal information) in accordance with the Applicable Law and this Privacy Policy, as may be amended from time to time by us at our discretion. You also agree and consent to us collecting, storing, processing, transferring, and sharing your personal information (including sensitive personal information) with third parties or service providers for the purposes set out in this Privacy Policy.

1. TYPES OF INFORMATION COLLECTED ABOUT YOU

We collect, use and disclose two types of information: Personal Information and Non-Personal Information (individually and collectively, hereinafter referred to as “Information”).

“Personal Information” is information that is a) directly associated with a specific person or entity such as (without limitation) a user’s name, initials or nickname, e-mail address, organization name, title, phone number, user-chosen credentials etc. b) related to You directly (including aspects of your work/business) and c) may be used to identify and contact You and/or your clients and affiliates.

“Non-Personal Information” is information that, a) cannot be directly associated with a specific person or entity, without the aid of additional information, b) maintains the anonymity of the user and c) is not directly related to You or cannot be used to identify and contact You and/or your clients and affiliates.

2. AGE RESTRICTION

The Platform is not intended for children under 18 (eighteen) years of age. We do not knowingly collect information provided intentionally or unintentionally, from children under the age of 18 years.

The Service is not aimed or targeted towards children under the age of 18 years. We do not intend to or target to collect any information about children under the age of 18 years. If you are a parent or guardian of a child under the age of 18 years, and if you are aware that your child has used the Service and provided his/her information to us without your consent, then please contact us on our support e-mail id. We will delete or otherwise cease processing your child’s information within a reasonable time. Children below the age of 18 years must access or use the Service only with the approval of and under the supervision of their parent or legal guardian.

However, we consider it the responsibility of parents to monitor their children’s use of our Services. Nevertheless, it is our policy not to collect and process any personal information from children below 18 years of age or offer to send any promotional materials to persons in that category. We do not seek or intend to seek or receive any personal information from children. Should a parent or guardian have reasons to believe that a minor has provided Us with personal information without their prior consent, please contact our customer support team to ensure that the personal information is removed from the Service.

3. GATHERING, USE AND DISCLOSURE OF NON-PERSONAL INFORMATION
4. Gathering Non-Personal Information

We gather Non-Personal Information from the sources as discussed in detail hereinbelow:

(i) Web Browsers:  We gather Non-Personal Information of the sort that Web browser/s may make available to us from you when you access the Platfome/Site/mobile site, depending on its/their settings (being either default or customised). That information includes your Internet Protocol (“IP”) address, operating system and browser type, and the locations of the Web pages viewed by you right before arriving at, while navigating and immediately after leaving the Platform Site.

(ii) Cookies: A Cookie is a small amount of data, often including an anonymous unique identifier that is sent to your browser from a Site’s computers and stored on your computer/mobile’s hard drive. Most browsers automatically accept cookies as the default setting. We use cookies to track your use of the Site during each Site session, both to help us improve your experiences and to help us understand how the Site is being used. YOU CAN MODIFY THE SETTING OF YOUR BROWSER TO REJECT COOKIES OR TO PROMPT YOU BEFORE ACCEPTING A COOKIE FROM THE SITE YOU VISIT BY EDITING BROWSER OPTIONS. IF YOU DECIDE NOT TO ACCEPT OUR COOKIES, YOU WILL NOT BE ABLE TO USE THE SERVICES AND/OR ACCESS CERTAIN PORTIONS OF THE SITE.

Examples of Cookies we use:

• Session Cookies to operate our Service
• Preference Cookies that help in recalling your preferences and various settings.
• Security Cookies that help in recalling your preferences and various settings.

(iii) Accessing the Site and Service through VPN
You should not access or use the Site or Service by means of any mechanism or technology(for example, use a virtual private network (VPN) to access the Service).
which conceals your actual geo-location or provides incorrect details of your location
We will not be responsible or liable for any collection, storage or processing of your personal information or data if you use any mechanism or technology to access or use the Site or the Service which conceals your actual geo-location.

1. Use and Disclosure of Non-Personal Information

We use cookie technology to: (i) collect information so that we can improve the Site by seeing which areas and features are most popular; (ii) personalize the Site and improve the Site experience; and (iii) allow you to visit the Site without re-entering your registered subscriber ID and/or password. While we use cookies to record current session information, we do not use permanent cookies.

We analyse Non-Personal Information gathered from you to help us develop a better understanding in respect of how the Site is being used. By identifying patterns and trends in usage, we are able to design the Site in ways so as to improve your experience, both in terms of content and ease of use.

We may share Non-Personal Information obtained from and about you in the aggregate with third parties for various purposes, including for statistical surveys and record maintenance, to help us learn about our flaws and to improve our Services, as well as for advertising and marketing purposes.

4. COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION.
5. Collection of Personal Information

As defined above, Personal Information is information that can be directly associated with a specific person or entity. We collect a range of Personal Information from and about you. Much of this Personal Information is information provided voluntarily by you when you register with the Site, use the Site and the Services. For example, when You register with the Site to use the Services, you may submit, your name, initials or nickname, e-mail address, phone number and access approval request via Twitter.com/Facebook.com/LinkedIn.com. You may also create/be provided with user-chosen/automatically generated ID and password for your use when accessing the Services in lieu of registering with your personal ID on Twitter.com /Facebook.com/Linkedin.com. You may also input Personal Information pertaining to your organization. In addition to this, we may collect and retain information that identifies You and/or your clients personally when you send us comments, questions or suggestions. YOU ARE UNDER NO OBLIGATION TO PROVIDE US WITH PERSONAL INFORMATION OF ANY KIND, WITH THE CAVEAT THAT YOUR REFUSAL TO DO SO MAY PREVENT YOU FROM USING CERTAIN SITE FEATURES. BY REGISTERING WITH THE SITE, YOU CONSENT TO THE USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED HEREIN.

We collect and use the above kinds of Personal Information in the following manner:

1. To provide and maintain our Service, including to monitor the usage of our Service.
2. To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

1. Our group companies – For the purposes of processing your information in order to provide you Services. For the purpose of providing you a customised and tailor-made user experience on our and our group companies’ products and services. For the purpose of showing you personalised advertising and content on Services and on the products and services of our group companies.
2. Retention of Your Personal Data

We will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

1. Disclosure of Personal Information 

As described in Article 4(A) of this Policy (relating to “Collection of Personal Information”), You may, at your own option, disclose your own Personal Information by any means you choose. We will also disclose Personal Information from and about You and/or your clients/affiliates, in the following circumstances:

(i) Personal Information is already in the public domain: Personal Information provided by you or already available in public domain cannot be protected. Therefore, we urge You to use good judgment and not post Personal Information on any part of the Site that permits public viewing if You do not wish others to gain knowledge of the same. You may not be able to change or remove public postings once they are posted. Such Personal Information may be used by other visitors of these pages on the Site to send you unsolicited messages.

YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING TO YOU OR ANY OF YOUR CLIENTS/AFFILATES FROM YOUR DISCLOSURE OF PERSONAL INFORMATION WHEN USING THE SITE AND SERVICES.

(ii) Employees and Third – Party Processors: We will disclose Personal Information to those of our employees, contractors, affiliates, vendors and suppliers who process Personal Information on Our behalf or who participate with Us in the operation of the Site.

(iii) By Law, to Protect Rights and to Comply with our Policies: We disclose Personal Information if: (1) we are required to do so by law, or in response to a summons or court order; (2) We believe that such disclosure is reasonably necessary to protect against fraud, to protect property or other rights, other users, third parties or the public at large; and (3) We believe that you have abused the Services by using it to attack other systems or to gain unauthorized access to any other system, to engage in spamming or otherwise to violate applicable laws.

(iv) Business Transfers; Bankruptcy: We reserve the right to transfer all Personal Information in our possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of our assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Policy, or to a new privacy Policy if you are given notice of that new privacy Policy and you affirmatively opt-in to accept it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy Policy adopted by the successor organization.

(v) Use of your account information with us: From time to time, such as when troubleshooting an error or problem, our support representative may need to log in as you (referred to as “pseudo access”) into the Site to replicate the problem or to view the relevant error message. Please be aware that during such times, our support representative will have access to your data within the Site/mobile site/App. However, our support representatives do not have access to your password at any time.

(vi) For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, marketing and your experience.

We may disclose Your personal information for any other purpose with Your consent.
We do not share your information with any third party without obtaining your prior consent, with the exception of the following limited circumstances:
i.e. When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms or for complying with the Applicable laws and regulations.

5. COLLECTION AND USE OF INFORMATION BY THIRD PARTIES NOT COVERED BY THIS POLICY

Third parties are under no obligation to comply with this Policy with respect to Personal Information or Non-Personal Information that is directly provided by You to those third parties or that those third parties collect by themselves. Please be aware that links are provided to third party sites as a service to You and We are not responsible for the content or information collection practices of those sites. We do not control the third-party websites/mobile site/mobile applications made accessible through the Site. This Policy does not apply to information provided to or gathered by third parties that operate them. Third parties’ privacy policies will differ from ours. Therefore, we encourage You to review and understand third parties’ privacy practices before visiting third party sites/mobile sites/mobile applications or providing third parties with any of your Information, and take those steps necessary, in your discretion, to protect your privacy.

6. LOSS OF INFORMATION

We take all reasonable precautions to prevent others from accessing, using, modifying, disclosing, releasing, corrupting, or losing your Personal Information and other data. However, there is no surety that the security systems set in place to monitor the same will be infallible. Therefore, while we have taken efforts to guard your Personal Information, we cannot guarantee its absolute security. We do not assume any responsibility in case of any damage or harm caused to you and your clients/affiliates from and against the loss of any Information or as a result of breach of confidentiality in respect any Information provided by You.

7. CONSENT

You hereby consent to the collection, storage, processing and transfer of all/any of your Information by Us as specified under this Policy. You further agree that such collection, use, storage and transfer of your Information shall not cause any loss or wrongful gain to You or any other person.

8. DECLARATION

You hereby agree and acknowledge to be responsible to your clients/affiliates and any third – party in case of any damage or harm caused to them from your failure to abide by the legal obligations owed to them (not limited or related to confidentiality) when you make use of our Services.

9. MODIFYING YOUR PERSONAL INFORMATION

If you are a registered user of our Services, you may view, correct, and delete your Personal Information, simply by logging into your account and may edit your profile and other uploaded, stored data.

10. UPDATING THIS POLICY

We may revise and update this Policy if our practices change, as technology changes, or as we add new services or change existing ones. Whenever possible, we may alert You by email if this Policy is revised. In addition, any changes to this Policy will be posted on the Site, and we will update the “last updated” date set forth above. It is therefore important that you register with us via our Site and notify it if you change email addresses. In any case, You should regularly check this Policy on the Site whenever you use the Services to see if it has been updated since your last visit.

11. CONTACTING US

Any questions about this Policy should be addressed to us by email at: khushiadvertisingmedia@gmail.com.

12. COMPLAINTS

Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Redressal Officer through email signed with the electronic signature.

13. A LEGAL OR POTENTIAL LEGAL DISPUTE OR PROCEEDINGS:

We may need to use your information if we are involved in a dispute with you or a third party for example, either to resolve the dispute or as part of any mediation, arbitration or court resolution or similar process.

Arbitration and Governing Law:

1996. In an event of any dispute, controversy, claims arising out of or relating to this Agreement, termination or invalidity thereof shall be referred to and finally resolved by arbitration under the provisions of the Arbitration and Conciliation Act, 1996. The Arbitration proceedings shall be conducted in English.

The Arbitral Tribunal shall be composed of a sole Arbitrator, appointed by the Parties to the Agreement jointly. Cost of Arbitration shall be equally be borne.

The principles of natural justice must be observed in the arbitration proceedings. The seat and venue of Arbitration shall be at Ahmedabad. The Arbitration award shall be final and binding upon both Parties hereto.

1. The said Agreement shall be governed and construed in accordance with the laws of India. Subject to Clause (a) hereinabove, the Courts at Ahmedabad shall have exclusive jurisdiction to try and entertain any dispute arising out of or in connection with this Agreement.