UTSAV APP PRIVACY & COOKIE POLICY

Last updated: 23rd Jan 2023

We (Nirvann Applications Private Limited (Formerly known as Applex Technologies Private Limited), or "Utsav App") recognise that your privacy is very important and take it seriously. This Privacy Policy ("Privacy Policy") sets out how we collect, use and disclose your data when you use our website https://utsavapp.in ("Website") and/or mobile application called Utsav App ("App"). The Website and App are collectively referred to as the "Platform".

References to "we", "our" or "us" or the "Company" shall mean the Platform and/or Applex Technologies Pvt. Ltd. Any references to "you", "your" or "user" shall mean any person or entity using our Platform. We will not use or share your information with anyone except as described in this Privacy Policy.

This Privacy Policy is a part of and is to be read with the Utsav App Terms of Use & Utsav App Content Guidelines. By using this Platform, you agree to the terms and conditions of this Privacy & Cookie Policy. You also consent to our use and disclosure of your Personal Information (as defined below) in the manner described in this Privacy Policy. If you do not agree with the terms and conditions of this privacy policy, please do not use this platform.

THE INFORMATION WE COLLECT AND HOW WE USE IT

Login Data

User’s Name, Phone Number/ Email, Password/ OTP, Profile Photo and IP address. (collectively, "Log-in Data").

Additional Account Information & Security

Alongside the Log-in Data, we also collect your Gender, Date of Birth, Address and the biography provided by you on your user profile.

We collect your phone number and request access to the SMSes on your phone by sending you a One-Time-Password ("OTP"), which you confirm by entering the OTP to confirm your identity, while registering with our Platform.

Content You Share on The Platform

This includes all of the information you make available to other Platform users, such as:

Any information about you or relating to you that you voluntarily share on the Platform, including, but not limited to, any quotes, images, political opinions, religious beliefs, and so on.
Any posts, comments you create on the Platform (which include your public profile and photos and videos captured with your device's camera), any postings you re-post from others, and any Location Data and Log Data associated with such posts on this site.
This also includes any information about you (including Location Data and Log Data) that other Platform users share about you or any communications they send to you.
We obtain information from other sources. We may also collaborate with third parties (such as business partners, technical subcontractors, analytics providers, and search information providers) and obtain information about you from them. Such data could be shared internally and combined with data collected on this Platform.

Log Data

"Log Data" is information that we automatically collect when you use the Platform, whether through the use of cookies, log files, scripts, including, but not limited to:

technical data, such as your mobile carrier -related information, configuration information provided by your web browser or other programmes used to access the Platform, your IP address, and the version and identification number of your device;
information about what you searched for and looked at while using the Platform, such as web search terms used, social media profiles visited, mini applications used, and details of other information and content accessed or requested by you while using the Platform; - general information about communications on the platform, such as the identity of a user with whom you communicated and the time, data, and duration of your communications; and metadata, which means information related to items you have made available through the Platform, such as the date, time or location that a shared photograph or video was taken or posted.

Cookies

Our Platform uses cookies to distinguish you from other users of our Platform. This helps us to provide you with a good user experience when you browse our Platform and also allows us to improve the Platform. We collect the cookie data from the cookies on your device.

Events & Surveys

If you choose to participate in an event or survey, we may request you to provide certain Personal Information i.e. any information that could be used to identify you ("Personal Information"). We may use a third-party service provider to conduct these surveys and this will be notified to you prior to you completing the survey.

List of Contacts

We gain access to your mobile device's contacts list. We always ask for your permission before accessing your contacts list, and you have the option to deny us access.

Location Information

The term "Location Information" refers to information derived from your GPS, IP address, and/or public posts containing location information. You can provide us and other Platform users with the following location information when you use certain location-based features on the Platform, such as entering your Prasad Delivery Address or any other feature that we may introduce on our Platform from time to time, and when you share your location with other Users; and - when you access the Platform, as we derive location information from your IP address, device, or internet service to prevent multiple or fraudulent log-ins to your account.

Customer Support Information

Any information that you provide to our customer support team regarding any assistance or support that you may require for using our Platform from time to time.

Device Data

"Device Data" includes without limitation, the following:

Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use.
Network and connections: details such as your mobile operator's or ISP's name, language, time zone, phone number, IP address, and connection speed.
Device signals: We may collect your Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
Device operations: information about operations and behaviours performed on the device, such as whether a window is foregrounded or backgrounded.
Data from device settings: information you grant us access to via device settings, such as access to your GPS location, camera, or photos.
Event Information. Any information that you provide like your Family Members’ Name, Gotra, Wishes etc to us in submitting an entry to any Event which may be offered on the Platform from time to time.
Media: We gain access to your mobile device's media gallery, which includes, but is not limited to, images, videos, as well as the storage space on your phone. We will, however, always obtain your permission before accessing your images, and you will have the option to refuse such access.

How Will We Use the Data?

To create and facilitate access to a Platform user account;
To keep you up to date on changes to the Platform, including this Privacy Policy;
To facilitate communication by providing user support;
To enforce our terms, conditions, and policies, as well as any of our rights or the rights of our affiliate companies or other Platform users; - To develop new features, improve existing features, and integrate user feedback and requests;
To provide linguistic and location-based personalization in the long run; - To regulate the Platform and for business controls such as troubleshooting, data analysis, testing, research, security, fraud detection, account management, and survey purposes; - To understand better how you use as well as access the Platform and to enhance the user experience on the Platform;
To pseudonymise and aggregate your information, including Personal Information, in order to conduct user data analysis on items such as region, phone model, operating system platform, system language, and System version to help comprehend how our users use Platform.
To pseudonymise and aggregate your information, including Personal Information, for the purposes of collecting web and account traffic statistics on what content and services are used when users access third-party services on the Platform; - To evaluate and improve the effectiveness of advertising and other marketing and promotional activities.
To verify your identity and keep your account secure.
To connect you with other Platform users - For security, fraud detection, and account management (such as ensuring that your account does not have multiple log-ins or suspicious log-ins);
To offer you location-based services that you choose to use:
To look into your support issue.
To facilitate the sharing of any media such as videos and images via the Platform;
To tailor our Platform to your mobile device;
Determine whether you have enough storage space on your device to download any content from the Platform for the purposes of sharing via WhatsApp and/or Facebook;
To optimise your user experience on our Platform;
To facilitate the sharing of any content on the Platform via the applications downloaded on your mobile device;
To verify your identity so as to enforce our terms, conditions, and policies;
To facilitate your participation in the Events;
To award prizes, if applicable.

DISCLOSURE OF YOUR INFORMATION

We disclose your information in the following manner:

What you share with Others on Another Platform

When you use our Platform to share content, you choose the viewers for what you share. For example, when you share any content from our Platform on Facebook, you can choose to share it with a friend, a group of friends, or all of your friends. Similarly, when you use WhatsApp or another mobile application to share content on our Platform, you choose which Community you share the content with. We do not control and shall not be liable for the manner in which such persons (with whom you choose to share content via any sharing options, such as WhatsApp or Facebook, available on the Platform) use the information that you share with them.

Content visible to others on Utsav App

Public content i.e. any content you post on your user profile or on another community page, such as a post, comment, is accessible to everyone, including search engines. Any information you voluntarily disclose for posting to the Platform, including your profile page information, is accessible to anyone. When you submit, post or share the content in a public community on the Platform, it may be viewed & re-shared by others.

You should consider who you choose to share it with, because people who can see your activity on our Platform can choose to share it with others on and off our Platform, including people outside the audience you shared it with.

Types of Communities on Utsav App

Communities can be Private or Public when created on Utsav App. A Private Community is the one where members who want to join need approval from the Admin(s) or Founder(s).

There is a provision to Change the Security Type of the Community from Private to Public or Vice Versa if you are an “Admin” or “Founder” of the Community.

For example, when you share a post in your Community on our Platform, other users can download or re-share that content with other users across or off our Platform. Also, when you comment on someone else's post or like their content, your comment or like is visible to anyone who can see the other person's content.

Please note that you also have the option to make your community private in order to ensure that only followers approved by you can see your posts.

Users can also use our Platform to create and share content about you with the audience that they choose, such as posting a photo of you, or tagging you in any of their posts. We reserve the right to share all public content on any social media site or any other online or offline platform. We will never rent or sell your Personal Information to third parties, except on an anonymized basis, unless expressly provided in these Terms.

Sharing with our group of companies

We may share your Personal Information with any member of our Group. The term "Group" shall mean any entity that is controlled by us, or any entity that is in control of us, or any entity that is under common control with us, whether directly or indirectly.

Sharing with Third Parties

We may share your information (including Personal Information) with select third parties including:

Business partners, suppliers and subcontractors ("Affiliates"). Affiliates may use this information to help provide, understand, and improve the Service and Affiliates’ own services for the performance of any contract we enter into with you.
Government bodies or law enforcement agencies, if we have good-faith belief that it is reasonably necessary to share your personal data or information in order to comply with any legal obligation or any government request; or to protect the rights or prevent any harm to the property, or safety of the Company, our customers, or public; or to detect, prevent or otherwise address public safety, fraud, security or technical issues.

We may also disclose your information (including Personal Information) to select third parties in the following circumstances:

If the Company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets. If we are involved in a merger, acquisition, bankruptcy, reorganisation or sale of assets such that your information would be transferred or become subject to a different Privacy Policy, we will notify you in advance so you can opt out of any such new policy by deleting your account before transfer.
In order to enforce or apply our Terms and/or any other agreements.

Security Practices

To protect the information we collect, we have implemented appropriate technical and security measures. You are responsible for keeping your username and password private if we have given you (or you have chosen) one to access the Platform. Please do not share your password with anyone.

Where we store your personal information

We store your data with Amazon Web Services cloud platform provided by Amazon Web Services, Inc. (headquartered at 410 Terry Ave. N Seattle, Washington 98109, USA) and also on Google Cloud Platform provided by Google LLC (headquartered at 1101 S Flower St, Burbank, California 91502, USA) on their servers located in India and abroad. Both Amazon Web Services and Google Cloud Platform implement security measures to protect the loss, misuse and alteration of the information, details of which are available at https://aws.amazon.com and https://cloud.google.com. The privacy policies adopted by Amazon Web Services and Google Cloud Platform are available at https://aws.amazon.com/privacy/?nc1=f_pr and https://policies.google.com/privacy.

Changes To this policy

This Privacy Policy may be updated on a regular basis by the Company. We will post the updated Privacy Policy at this link whenever we make changes to this Privacy Policy that you should be aware of. It is your responsibility to check this page on a regular basis in order to be aware of any changes to this Privacy Policy.

Disclaimer

Unfortunately, information transmission over the internet is not completely secure. Although we will make every effort possible to protect your Personal Information, we cannot guarantee the security of any data you transmit to the Platform; any transmission is at your own risk. We will use strict procedures and security features to try to prevent unauthorised access once we have received your information.

YOUR RIGHTS

You have the option to remove or delete content from your user account/profile and account/profile at any time. However, we continue to have access to the history of your activities and account on our Platform. By logging in and visiting your profile page, you can correct, amend, add, or delete Personal Information from your account at any time. As noted above, you may opt out from unwanted email communications from us by following the instructions in the message.

However, until your account is deleted you will continue to receive all system emails. Under Section 5(6) of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 ("Rules"), you have a right to ask us to review, correct and amend the information we collect about you at any point in time.

Under Section 5(7) of the Rules, you also have the right to revoke your consent to the collection of your information going forward. However, please note that revoking your consent may negatively affect your use of the Platform.

For instance, we need access to your mobile device’s media folder and camera so that you can click pictures from your mobile device and post them on the Platform, which functionality will not be available to you if you do not provide us such access.

You may also ask us not to process your personal data for marketing purposes. You can exercise any of these rights at any time by contacting us at support@utsavapp.in or on Your Customer Support Number. However, we require a reasonable period of 30 (thirty) days to comply with any of your requests.

RETENTION OF DATA

We do not hold your Sensitive Personal Information (defined further below in this paragraph) for any longer than is necessary for the purposes for which it may be lawfully used. We will consider your request to delete any other content; however, copies of any public content may be retained indefinitely in our systems, including in cached and archived pages of the Platform, or if other users have copied or saved that information. Furthermore, because of the nature of the internet, copies of your content, including content removed or deleted from your account, may exist elsewhere on the Internet and be retained indefinitely. Passwords and other sensitive personal information are considered "sensitive personal information." shall mean passwords and any other information that is classified as sensitive under Section 3 of the Rules.

LINKS FROM THIRD PARTIES

The Platform may, from time to time, contain links to and from the websites of our partner networks, advertisers, Affiliates and/or any other websites or mobile applications. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites or mobile applications.

THIRD PARTY EMBEDDING

Some of the content that you see displayed on the Platform is not hosted by the Platform. These "embeds" are hosted by a third-party and embedded in the Platform. For example: YouTube,or Giphy gifs that appear within a post on the Platform. These files send data to the hosted site just as if you were visiting that site directly (for example, when you load a Platform post page with a YouTube video embedded in it, YouTube receives data about your activity).

Privacy concerns with third party embeds

The Platform does not control what data third parties collect or what they will do with it. So, third-party embeds on the Platform are not covered by this Privacy Policy. They are covered by the privacy policy of the third-party service.

Sharing personal information with third party embeds

Some embeds may ask you for Personal Information, such as your email address, through a form. We do our best to keep bad actors off of the Platform. However, if you choose to submit your information to a third party this way, we don’t know what they may do with it. As explained above, their actions are not covered by this Privacy Policy. So, please be careful when you see embedded forms on the Platform asking for your email address or any other Personal Information. Make sure you understand who you are submitting your information to and what they say they plan to do with it. We suggest that you do not submit Personal Information to any third-party through an embedded form.

COOKIES, PIXELS, AND LOCAL STORAGE?

Cookies are small files that the websites place on your computer as you browse the web. Like many websites, we use cookies to discover how people are using our Platform and to make them work better.

A pixel is a small amount of code on a web page or in an email notification. As many other websites do, we use pixels to learn whether you’ve interacted with certain web or email content. This helps us measure and improve our Platform and personalise your experience on our Platform.

Local storage is an industry-standard technology that allows a website or application to store information locally on your computer or mobile device. We use local storage to customise what we show you based on your past interactions with our Platform.

Why do we use these technologies?

We may use these technologies to show you relevant content, improve your experience and help protect us and our users. We may use these to provide you with services on our Platform that are easier and faster to use, and enable you to easily navigate our Platform and use its features. We may use these to retain authentication information in order to provide certain services to you, to retain your language preference and to provide mapping and location-based services such as Tracking Your Shipment, which require your location. We may use these technologies to store information about how you use our Platform, for instance, what pages you visit most often, and if visiting some pages gives you error messages. We may use these technologies to collect information on the total number of visitors to our Platform on an ongoing basis. We cannot identify you personally from the information these cookies collect. Only for functionality purposes, personally identifiable information that you disclose like your name and profile picture may be collected. We ensure complete transparency with you about what information is collected, how it is going to be used and with whom it is shared.

What types of cookies do we use?

Two types of cookies may be used on our Platform- "session cookies" and "persistent cookies". Session cookies are temporary cookies that remain on your device until you leave our Platform. A persistent cookie remains on your device for much longer or until you manually delete it (how long the cookie remains on your device will depend on the duration or "lifetime" of the specific cookie and your app settings).

Some of the pages you visit may also collect information using pixel tags (also called clear gifs) that may be shared with third parties which directly support our promotional activities and Platform development. For example, usage information about visitors of our Platform may be shared with our third party advertising agency to better target internet banner advertisements on Platform. The information is not, however, personally identifiable, although it could be linked to your personal information.

What do the Cookies do and do they collect any personal data is listed below:

Necessary Cookies - These cookies are essential to make our Platform work correctly and to enable you to use some of its features, like authenticate log-in, secure our Platform and your information, and prevent fraudulent, criminal or other suspicious activities. Without these cookies, our Platform will not be able to remember your previous actions and therefore will not be able to enable you to navigate back to a page in the same session. These cookies don’t identify you as an individual.

Performance Cookies - These cookies allow us to analyse how our Platform is being used, which allows us to constantly improve its performance. These cookies assist us in understanding how visitors interact with our Platform by providing information about the areas visited, the amount of time spent on our Platform, and any problems encountered, such as error messages. These cookies do not allow you to be identified as an individual. All information is gathered and aggregated anonymously.

Functionality Cookies - These cookies assist the Platform in remembering your choices (such as your language preference and the settings you have applied), storing accessibility options, displaying when you are logged in, and customising our Platform for you. This ensures that the Platform provides you with the services you have requested.

If you do not accept these cookies, the Platform's performance and functionality may suffer, and access to its content may be restricted. These cookies may collect personally identifiable information that you have disclosed, such as your name or profile picture. We will always be open and honest with you about the information we collect, what we do with it, and who we share it with.

Do we use Third Party Cookies?

We use a number of suppliers that may also set cookies on your device on our behalf when you visit our Platform, to allow such third parties to deliver the services that they are providing.

When you visit our Platform, you may receive cookies from third party websites or domains. We endeavour to identify these cookies before they are used so that you can decide whether or not you wish to accept them. More information about these cookies may be available on the relevant third party's website.

How can I control Cookies?

Most internet browsers are initially set up to automatically accept cookies. You can change the settings to block cookies or to alert you when cookies are being sent to your device. There are a number of ways to manage cookies.

If you disable the cookies that we use, this may impact your experience while on the Platform, for example you may not be able to visit certain areas of our Platform or you may not receive personalised information when you visit our Platform.

If you use different devices to view and access the Platform (e.g. your computer, smartphone, tablet etc.) you will need to ensure that each browser on each device is adjusted to suit your cookie preferences.

CHANGES TO THIS COOKIE POLICY

We will update this Cookie Policy on a regular basis to reflect changes to our Platform and services. If we make significant changes to how we collect, use, or share information stored in cookies, we will post those changes to this Cookie Policy and update the "Last Updated" date at the top of the Privacy & Cookie Policy.

Cookies that have been set in the past

If you have disabled one or more cookies, we may still use information collected from cookies prior to your disabled preference being set. However, we will stop using the disabled cookie to collect any further information.

COMMUNICATIONS FROM US

We may send you service-related notifications from time to time if we deem it necessary (such as when we temporarily suspend the Platform for maintenance, or security, privacy, or administrative-related communications). We send these to you via email/text message. You may not opt out of these service-related announcements, which are not promotional in nature and are only used to protect your account and keep you up to date on important Platform changes.

GRIEVANCE OFFICER

Prajata Samanta
Email - prajata@utsavapp.in
Contact - 7439638404