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Zinglin Media Private Limited (hereinafter referred to as “ZMPL” or “we” or “us” or “our”, as the context requires, and shall include its successors and assigns)  operates a mobile platform application, inter-alia, App or portal called ‘Zinglin’ whereby user generated content can be uploaded, posted, shared or transmitted (such as via a stream) or otherwise made available through the Platform including videos, animations, comments, messages, reviews, photographs, sound recordings and the musical works (whether composed by such user or licensed to such user or of any other nature)  embodied therein and including but not limited to videos that incorporate locally stored sound recordings from a personal music library and ambient noise (“user generated content” , “content”, “User Content” or any other similar reference) via our mobile application by users (hereinafter referred to as “you” or any other similar reference) and you may also be granted an opportunity to participate in various contests and promotional activities  on the mobile platform application (“Platform”). For the purpose of this Privacy Policy, references to Platform will include the usage of our website, services, applications, products and content by you.  

 

We are committed to complying with the applicable privacy laws. Protecting the privacy and security of your personal data is of prime importance to us, therefore, we conduct our business by abiding by the laws applicable on data privacy and data security in the country where the Platform operates.

 

This Privacy Policy explains how we collect, use and share your personal information when you use the Platform.

 

By accessing our Platform, you agree, acknowledge, and grant your consent for the collection, use, storage, and transfer of your information in terms of this Privacy Policy and agree to be bound by the terms and conditions of this Privacy Policy. You hereby expressly consent to the processing of your personal information in accordance with this Privacy Policy.

 

Your information may be stored, processed or transmitted in India or any other part of the world, where laws regarding storing, processing or transmitting of personal information may be less restrictive than the laws in your country. We do not sell/ trade your personally identifiable information; however, we may share the same with 3rd (third) parties who assist us in conducting our business, operating our Platform, or servicing you, so long as those parties agree to keep this information confidential. You further grant us permission to use your information for providing you services on the Platform, contests and other promotional activities, enhancing your experience and improving or enhancing our services on the Platform from time to time. You also grant permission to us, our parent, holding, associates, affiliates, subsidiaries, representatives and agents including third parties authorized by us, to contact you for marketing and promotional activities.

 

You always have the option to not provide information by choosing appropriate options/choices available on our Platform; however, please note that in case you choose not to provide us with your information, you will not be entitled to participate in the services that our Platform offers or accessing the Platform itself.

 

 

I. TYPE OF INFORMATION WE COLLECT

 

We collect personal, sensitive and other information from you in a variety of ways when you use our Platform. The information about you is collected by us as (i) information supplied by you and (ii) information automatically tracked during your navigation on our Platform.

 

1. User Account:

 

  1. We may collect, and associate with your user account information like your name, age, birth date, email address, user name, password, social media login details, phone number, profile details, photographs, occupation, income level, video and audio content that you upload/ broadcast on our Platform, sound recordings and musical works (including the lyrics) uploaded by you, interests and hobbies, gender and other personally identifiable information. In addition, such information may include the comments or reviews you make on our Platform including any virtual items you may receive or contribute to any user-generated content, content or user content. If you create an account by logging in with your credentials from your third party account with certain social networking sites (such as Instagram, Twitter, LinkedIn, Google or Facebook or any other mobile application), we may receive information about you from such social networking sites, in accordance with the Terms of Use and privacy policy of that social networking site. This data / details will include information relating to your use of the Platform on such public forums and/or social networks

  2.  We work with such social networking site’s application in a way that allows you to authorize us to access your account on that social networking site on your behalf. If you consent to our sharing of your information with these social networking sites (e.g., post public content on your wall/profile page), we will share your information with them in accordance with your privacy choices. Once we share your information with these social networking sites, the terms and policies of these sites, and not our Privacy Policy, will apply to their use of your information. We encourage you to read individual Terms of Use and privacy policy of each of these websites or mobile applications before using them and/or disclosing your personal information / details.

  3.  When you visit our Platform, certain information may be collected automatically, which includes:

a. Your computer’s Internet Protocol (IP) Address,

b. Your browser type and operating system,

c. Web pages and links, you visit, advertisements you view, your browsing history (including content you have uploaded and viewed on the Platform)

d. Your bandwidth speed and information about the software programs that are installed on your computer,

e. Standard server log information,

f. Your mobile service provider, mobile or device information including the model of your device, your screen resolution, time zone settings, location data, GPS data.

g. Any other information regarding your use of the Platform.

You can change the location settings on your mobile device if you do not wish to share your location information with us.

  

2. Platform Use Related:

 

When you use our Platform, we store, process and transmit your files (like images, photos, animation, videos, audios, sound recordings, musical works, emails, feedback, postings, comments, reviews and other contents,  whether on content generated by you or others, log file information from browser, software etc., hashtags, keywords, metadata (including how your content was collected or formatted) and other data) and information related to them. If you give us access to your contacts, we will store those contacts on our servers for you to use and for promotional purposes. This will make it easy for you to do things like share your data, send emails, and invite others to use our Platform using your email,  social media log-in details and any other mobile applications. We collect engagement scores (such as “likes”, comments, repeated views etc.) and related users. Finally, we collect opt-ins and communication preferences.

 

3. Surveys:

 

We may occasionally ask you to complete optional online surveys/ feedback forms. These surveys/ forms may ask you for contact information, geographic information and demographic information (like postal codes, age, or income level, lifestyle etc.). We use this data to tailor your experience at our Platform, providing you with content that we think you might be interested in and to display content according to your preferences.

 

4. Usage:

 

We collect information about your profile, behaviour, choices, products, likes, comments, interests, and preferences etc. as per the data and /or details input by you, including  images/ photos/ animations/ videos/ sound recordings and /or musical works uploaded, broadcasted or published by you or liked, shared, and/or commented etc. on by you. Your devices (depending on their settings) may also transmit location information to us. Our Platform also provides information to us about its status, such as uptime, available memory, and errors that may have occurred. 

 

5. Your phone, Facebook and social media or other mobile application contacts:

 

You can choose to find users of the Platform either through (i) your phone contacts, Facebook contacts or through any other social media or mobile application contacts, if available. If you chose to find such users through your phone contacts you are providing us access to your phone contacts, using which we will collect your phone contacts, including the names, phone numbers, addresses and any other information that you have stored on your phone about your contacts in order to determine if they are using the Platform by matching them with existing users of the Platform. If you want to find other users through your Facebook or other social media or mobile application contacts, we will collect your public Facebook or other social media or mobile application information as well as names and profiles of your Facebook or other mobile application contacts.

 

6. Messages:

 

We collect and process information you provide, including any personal information, in the context of composing, sending, or receiving messages (that means the content as well as information about when the message has been sent, received and/or read and the user and/or participants of the communication) through our Platform’s messaging or any other functionality. Please be aware that messages sent to other users of our Platform will be accessible by those other users and that we are not responsible in any case, for the manner in which those users use or disclose the messages.

 

7. ZingPoints: 

 

ZingPoints can be earned by performing various activities on the Platform and can be used to earn free gifts or prizes subject to additional terms specified for any contest or promotional activities. Such gifts or prizes can further be sent to other users to support them during various activities on the Platform including live broadcasts or in their channels. In connection with this, we will collect personal information from you.

 

8. Cookies and other technologies:

 

We use technologies like cookies to provide, improve, protect, use and promote our Platform. For example, cookies help us with things like remembering your login details, name and preferences for your next visit, understanding how you are interacting with our Platform, and use and improving it based on that information. We may use software tools to collect information about how you interact with our Platform, such as mouse clicks, drags, hover-overs, response times, errors, length of visits to certain pages, server details and IP addresses. You can set your browser to not accept cookies, but this may limit your ability to use and experience our Platform. We may ask our other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or a third party. We do not control use of such technologies used by advertisers and partners and we expressly disclaim responsibility for information collected by them.

 

9. Analytics Services:

 

We may use our and/or third party services, to collect information about how you use and interact with our Platform. Such third party and/or our analytics services may use cookies to gather information such as the pages you visited, your IP address/es, a date/time stamp of your visit and which site referred you to our Platform etc. We use these analytics services to help us analyze how people use our Platform, to improve them, to customize the content/features users see/use based upon their interests, provide promotional activities and to send emails or communications to users who are not actively using our Platform. For more information about how these third party entities use this information, please refer to their privacy policies made available on their websites and/or mobile applications.

 

10. Third Parties:

 

We may receive information about you from third parties that offer their products and/or services on our Platform. These third parties may supply us with your information. We may add this information to the information we have already collected from you via our Platform in order to improve the Platform and for provision of services to you.

 

11. Other Information:

 

We may also collect other sensitive personal data or information as included in Rule 3 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

 

Please note that information about you shall not be considered to be sensitive or personal or private or confidential, if it is freely available in the public domain or under right to information laws or under any other applicable law for the time being in force.

 

II. HOW WE USE YOUR INFORMATION 

 

1. General:

 

We may use the information collected from you to register you or your device for a service, to provide a service or feature you request, to provide customized content and make recommendations based on your past activities on our Platform, to allow other users to identify you via the “Find Friends” function or any other function/s, to allow you to find other users and to connect with them on the Platform, and to support the socializing function of the Platform, to make your information available to other users in accordance with the privacy settings you chose for the respective information, to assist us in detecting abuse, fraud or illegal activity on our Platform.

 

2. Advertisements and Promotional Activities:

 

We may use your information to provide you with updates about improvement and/or new features introduced on the Platform including updates from advertisers about new brands, product and/or services, newsletters and other communications about existing and/or new products and services by post, email, telephone, in-device messaging, text message (SMS), social media messaging and/or any other medium or mode, and you accord your consent for the same unless you have already provided your prior consent or we are otherwise permitted to do so under applicable law. We may further use the content uploaded/ broadcasted by you to promote our Platform. We may provide you an opportunity to participate in the contest and promotional activities conducted / held on the Platform.

 

3. Statistics and Research:

 

We may use your information to create user group profiles and/or segment data etc. and to otherwise create anonymous, aggregated statistics about the use of our Platform, loyalty and other programs (if any) including but not limited to promotional activities etc., which we may share with 3rd (third) parties and/or make available to the public.

 

4. Improvement:

 

We may use your information to administer, analyse, improve and enhance the Platform and develop new raffles, contests, promotional activities, features etc. for conducting data analysis, making recommendations, advertisements and other communications and learn more about users/ customers’ preferences in general. We may use the information to introduce interactive features in the Platform, personalize the content you will receive basis your preferences, behavioral pattern or geographical location.

 

5. Publish your reviews, comments and content:

 

Where you have uploaded reviews (in relation to products, services or otherwise), comments or any other content to our Platform and made them publicly visible, we may link to, publish or publicize these materials elsewhere including in our own advertisements. Please note that once you upload any content containing musical works (including any videos containing music, video or audio clips of music performances, etc.) onto the Platform, the musical works will become a part of our music library (whether as a whole or in parts) and will be accessible and usable by all users of the Platform.

 

Please note that any personal information you submit while posting such review, comments or content can be read, collected, or used by other users and visitors including to any third party that have access to the information agreed under the Terms of Use or this Privacy Policy. We are not responsible for the information you choose to submit on the Platform or if you receive any unsolicited communication due to such information provided by you.

 

You shall ensure, when posting, sharing, transmitting, broadcasting or publishing on the Platform, that the content, including but not limited to, images/ /photos/ animations / videos/ music/ audio/heading/tag etc. do not violate the law of your jurisdiction, intellectual property rights and/or rights of any person, entity or third party.

 

 

III. HOW WE SHARE YOUR INFORMATION 

 

We may share your information as per terms of this Privacy Policy, however we shall endeavor that such use of information does not create hindrance on your use of our Platform. We do not share your information with third parties other than as follows:

 

1. Internally:

 

We may share your information with our group companies, affiliates, associates, whether existing or in future, agents, contractors or third party service providers, and including successors and assigns, who provide administrative, telecommunications, computer, technology, servers, security, payment or securities clearing or other services, equipments etc. to us in connection with our Platform or the operation of our business.  

 

2. Others working with us:

 

We use certain trusted third parties to help us provide, improve, protect, and promote Platform (such as third-party analytics tools to help us measure traffic and usage trends for our Platform). We may share the information with (i) entities providing cloud storage to us for storing the information you provide and for disaster recovery services, (ii) analytics and search engine providers that assist us in improvement of the Platform; and (iii) data center and the servers of our host providers. These third parties will access your information only to perform tasks on our behalf and in compliance with this Privacy Policy. We may also share statistical data and other details (other than your personal information) without your express or implied consent to facilitate various programmes or initiatives launched by us, our group companies, affiliates, associates, whether existing or in future, agents, contractors or third party service providers, partners or banks & financial institutions, and including successors and assigns, from time to time. We may also share your data to companies, brand owners and/or advertisers whose products and/ or services are listed on our Platform including agencies.

 

3. Third Parties:

 

We may also share certain information such as cookie data with our group companies, affiliates, associates, whether existing or in future, agents, contractors, third-party advertising partners, agencies, companies, brand owners and/or advertisers. This information would allow third-party ad networks to, among other things, deliver targeted advertisements, contests and other promotional activities etc. that they believe will be of most interest to you.

 

4. Generally with your consent:

 

Any information or content that you voluntarily disclose for uploading/ broadcasting any content on our Platform and becomes available to the public, are controlled by any applicable privacy settings that you set. To change your privacy settings on our Platform, you may change your profile settings. Once you have shared the content/data with any person or made it public, that content/data may be re-shared by others.

 

5. Structural Changes:

 

We may share some or all of your information in connection with or during negotiation of any merger, amalgamation, financing, acquisition or dissolution, joint venture, transaction or proceeding involving sale, transfer, licensing, divestiture, or disclosure of all or a portion of our business or assets including disclosures as may be required to be made to any regulatory authority. In the event of an insolvency, bankruptcy, or receivership, your information may also be transferred as a business asset. If another entity acquires us or our business or assets, that entity will possess all your information collected by us and will assume the rights and obligations regarding your information as described in this Privacy Policy.

 

6. Enforcing Rights:

 

We may also disclose personal information to enforce our policies, respond to claims that certain content violates others’ rights, or protects anyone’s rights, property or safety.

 

7. Law & Order:

 

We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to: (a) comply with the laws; (b) detect, prevent or otherwise address security, fraud or technical issues; or (c) prevent fraud or abuse of our name, brands, trademarks or such other rights belonging to us or our other users and / or (d) comply with any order of court of competent jurisdiction, law enforcement agencies, rules and regulations of the government and statutory authorities.

 

IV. STORING OF INFORMATION

 

1. Security:

 

We have a team dedicated to keeping your information secure and testing for vulnerabilities. We also continue to work on features to keep your information safe in addition to things like alerts when new devices and apps i.e.: mobile applications are linked to your account.

 

We have appropriate safeguards, including physical and managerial procedures and technical measures, warnings, and firewalls, to protect against the loss, misuse, and alteration of any customer information under our control. Our servers are accessible only to authorized personnel.

 

Although we deploy the security standards as per industry practice to safeguard the confidentiality of your personally identifiable information, you acknowledge that transmissions made by means of the internet cannot be made absolutely secure.

 

In any case, you agree that our monetary liability in the event of any tenable claim shall be restricted to Rs. 100/-. Hence, our responsibility of maintaining your information shall be on best effort basis only. We will have no liability for disclosure of your information due to errors in transmission or unauthorized acts of third parties.

 

2. Retention: 

 

We will retain your personal information for as long as we need to enforce our contractual and legal rights and obligations or to retain back-up/archives.

 

3. No warranty: 

 

You expressly agree that use of the Platform is at your sole risk and consequences. The Platform, its features, services, content, contests, raffles, promotional activities, products (as applicable), activities and materials on the Platform are provided on an ‘as is’ basis and we make no warranty or representation to you with respect to them.

 

We use commercially reasonable safeguards to help keep the information collected through our Platform secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account, however, we cannot ensure or guarantee the security of any information you transmit to us or guarantee that information on our Platform may not be accessed, disclosed, altered, or destroyed by any person.

 

4. Around the world:

 

To provide you with our Platform, we may store, process and transmit information in locations around the world - including those outside your country. Information may also be stored locally on the devices you use to access our Platform. By registering for and using our Platform, you consent to provide access and transfer of information to any part of the world in which we, our group companies, affiliates, associates, whether existing or in future, agents, contractors or or service providers maintain facilities and the use and disclosure of information about you thereto as described in this Privacy Policy.

 

V. GENERAL TERMS IN RESPECT OF INFORMATION

 

If you upload/ broadcast/ publish a video onto the Platform for the first time, you acknowledged that it can be viewed by every user of the Platform regardless of your connection to the user. You can limit the audience having access to the information that you post to the Platform in your privacy settings, if available. Please note that changes to the privacy settings on the Platform will apply within a reasonable period and may affect information that you have posted in the past. The content uploaded/ broadcasted/ published by you will be deleted once you decide to delete the respective content from your profile.

 

If any personal information or sensitive personal data or information provided by you is found to be inaccurate or deficient, then the same shall be immediately corrected or amended by you. To attain this end, you may request us to update your information by emailing the request/clarification at care.zinglin@ufomoviez.com. We may however before processing such requests, ask you for valid proof to identify yourself and the information/data requested to be modified by you in order to avoid repetitive and/or illegitimate requests. We shall not be responsible for any delay in updating such information. Please note that we will not be responsible for the authenticity of the personal information or sensitive personal data or information supplied by you.

 

You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to the user account and emails between you and us, at all times. We are not responsible for any third party functionality, privacy or security policies which you are bound by. In the event you believe that your information has been stolen or compromised, you must contact us immediately at care.zinglin@ufomoviez.com. We will endeavour to block your account or provide restricted access upon being informed of such an event in order to protect your identity and information. However, we shall not be responsible for any unauthorized use/access to your account or disclosure of any personal information by virtue of such an event. The uploading, dealing, handling and/or using of any information for any lawful purpose by us, including for the purposes and in the manner outlined above shall not constitute ‘publication’ in any manner.

 

The Platform is not directed at children under the age of 18. If we become aware that personal information has been collected from a person under the age of 18 we will delete this information and terminate the person’s account. If you believe that we have collected information from a child under the age of 18, please contact us at care.zinglin@ufomoviez.com.

 

VI. LINKS TO OTHER WEBSITES

 

The Platform may contain links to other websites and/or mobile applications that we do not own or control. Our Privacy Policy does not apply to these websites/applications. We are not responsible for the privacy practices or the content of other websites or applications. Such content is subject to their Terms of Use and any additional guidelines and privacy information provided in relation to that use on their website. We recommend that you check the policy of each website/application you visit to better understand your rights and obligations especially when you are submitting any type of content on those 3rd (third) party website/applications. Please contact the owner or operator of such website/application if you have any concerns or questions.

 

Please note that displaying such advertisements or links does not tantamount to our endorsement or promotion of the products, services or brands offered by such third parties.

 

VII. CHANGES TO THE PRIVACY POLICY

 

We may change this Privacy Policy from time to time. If we make any changes to this Privacy Policy, the last modified Privacy Policy shall be applicable to you. You should check the Privacy Policy at all times to know the updated Privacy Policy.

 

VIII. COMMUNICATIONS

 

We may periodically send you free newsletters and promotional communications. When you receive newsletters or promotional communications from us, you may “unsubscribe” from these emails by following the unsubscribe instructions provided in the email you receive or by contacting us at care.zinglin@ufomoviez.com. Despite your indicated email preferences, we may send you notices of any updates to our Privacy Policy, Terms of Use or other administrative emails.

 

IX. CONTACT

 

Any queries and/or concerns regarding this Privacy Policy or practices relating to this Platform should be directed to the attention of our Privacy Officer at care.zinglin@ufomoviez.com.

 

X. GOVERNING LAW, ARBITRATION AND JURISDICTION

 

This Privacy Policy shall be construed, interpreted and governed exclusively by laws of India, without reference to any conflict of laws. In the event of any dispute between you and us in respect of this Privacy Policy, it shall be referred to a sole arbitrator appointed under the Arbitration and Conciliation Act, 1996 (as amended). The place and seat of arbitration shall be Mumbai. The language of arbitration shall be English. Subject to arbitration, the courts in Mumbai shall have exclusive jurisdiction in exclusion to other courts.