1. The website www.loyalie.com (hereinafter referred to as ‘Website’) and the IOS/Android applications ‘Loyalie’ (hereinafter collectively referred to as “Application” or “App”) are owned and operated by Loyalie IT-Solutions Private Limited, a company incorporated under the laws of India having its registered office at 238B AJC Bose Road, Kolkata 700020, West Bengal, India (“We”, “Us”, “Our”, ‘Company’).
4. 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 Loyalie App, and that the same shall be deemed to be incorporated into the Terms, and shall be treated as part and parcel of the same.
5. In order to complete the registration process for use of the Loyalie App, you must first agree to the Terms and the Policy. You may accept this by: (a) Clicking to accept or agree to the Terms and the Policy, where the option is made available on the Loyalie App; or (b) Actually using the Loyalie App.
6. If you do not agree to this Policy, please do not complete the registration process and/or use the Loyalie App.
7. 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 the Terms, and stay updated on their provisions and requirements. If the User continues to use the Loyalie App following such a change, the User will be deemed to have consented to any and all amendments/ modifications made to the Policy and the Terms.
8. If you have any questions with respect to this Agreement, please contact [insert email address].
II. DEFINITIONS AND INTERPRETATION
1. In this Agreement, the capitalized terms, to the extent not inconsistent with the context thereof or otherwise defined herein, shall have the meanings assigned to them in the Terms. The rules of interpretation set out in the Terms shall apply to this Agreement unless the context requires otherwise or as is expressly specified otherwise.
III. COLLECTION AND USE OF PERSONAL AND OTHER INFORMATION
1. Personal Information: The User expressly agrees and acknowledges that the Company collects and stores the User’s personal information, which is provided by the User from time to time on the Loyalie App and through Facebook, Google or Twitter or any other social media platform at the time of registration on the Loyalie App, including, but not limited to, the User’s name, date of birth, sex, address, user name, passwords, email address, shopping preferences, browsing history, and any other information necessary for use of the Loyalie App, as well as, any images or other information uploaded/published by the User on the Loyalie App. The User is aware that this information may be used by the Company/Loyalie App to inter alias provide services and features targeted at the User, that are most likely to meet the User’s needs, and also to customize and improve the Loyalie App to make its users’ experiences safer and easier.
2. IP Information: The User is aware that the Company/Loyalie App may automatically track certain information about the User based upon the User’s IP address and the User’s behavior on the Loyalie App, and the User expressly consents to the same. The User is aware that this information may be used to inter alias do internal research on user demographics, interests, and behavior, to enable the Company 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 Loyalie App, the URL which the User subsequently visits (whether or not these URLs form a part of the content of the Loyalie App), the User’s computer & web browser information, the User’s IP address, and such other similar information.
3. Consent: If the User chooses to purchase services from the Loyalie App, the User consents to allow the Company to collect information about the User’s buying behavior and trends.
4. Information from feedback: If the User chooses to post messages/reviews/feedback anywhere on the Loyalie App, including, but not limited to, message boards, chat rooms, other message areas, and such other similar forums, 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, and such other similar requirements. Such information, if requested, may be provided to any Governmental Authorities, or otherwise used by the Company/Loyalie App as permitted by applicable Laws.
5. Mode of collecting information: 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/Loyalie App, 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 Loyalie App, and such other similar activities, may be collected and compiled by the Company/Loyalie App into a file/folder specifically created for/ allotted to the User, and the User hereby expressly consents to the same.
6. Non-registered users: The User is aware that while he can browse some sections of the Loyalie App without being a registered user, certain activities (such as scanning the QR code) require the User to provide valid personal information on the Loyalie App, including for the purpose of registration. The User is aware that the contact information provided to the Company/Loyalie App may be used to send the User offers and promotions, whether or not based on the User’s previous interests, and the User hereby expressly consents to receive the same.
7. Online Surveys: The User is aware that the Company/Loyalie App 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 may be used to inter alias customize the Loyalie App for the benefit of the User, and providing all users of the Loyalie App with products/services/content that the Company/Loyalie App believes they might be interested in availing of, and also to display content according to the User’s preferences.
8. Reviews: The User is further aware that the Company/Loyalie App may occasionally request the User to write reviews for products purchased or services availed of by the User from the Loyalie App. The User is aware that such reviews will help other users of the Loyalie App to make prudent and correct purchases and the User hereby expressly authorizes the Company/Loyalie App to publish any and all reviews written by the User on the Loyalie App, along with the User’s name, for the benefit and use of other Users of the Loyalie App. However, please note that all reviews are moderated by the Company, and may be published at the Company’s discretion.
9. Storing Information: Nothing contained herein shall be deemed to compel the Company to store, upload, publish or display in any manner content/reviews/surveys/feedback submitted by the User, and the User hereby expressly authorizes the Company to remove from the Loyalie App any such content, review, survey, or feedback submitted by the User, without cause or being required to notify the User of the same.
10. Information about referrals: The User may provide contact details of the Referred Person on the Loyalie App. Such information shall be forwarded to the concerned Developer and/or the Company in accordance with the Terms.
11. Information Provided: The User acknowledges and agrees that the Company may hold and the information as set out in Annexure 1. Annexure 2 sets out the information not collected or used in any manner by the Loyalie App.
1. The User is aware that a ‘Cookie’ is a small piece of information stored by a web server on a web browser so it can later be traced back from that particular browser, and that cookies are useful for enabling the browser to remember information specific to a given user, including but not limited to a User’s Loyalie Login, password, and such similar information. The User is aware that the Loyalie App places both permanent and temporary cookies in the User’s Device, and the User hereby expressly consents to the same.
2. The User is further aware that the Loyalie App uses data collection devices such as cookies on certain pages of the Loyalie App to help analyze web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Loyalie App are only available through the use of such cookies.
3. Additionally, the User is aware that he might encounter ‘cookies’ or other similar devices on certain pages of the Loyalie App that are placed by third parties or affiliates of the Company. The User expressly agrees and acknowledges that the Loyalie App does not control the use of such cookies/other devices by third parties, that the Company is in no way responsible for the same, and that the User assumes any and all risks in this regard.
4. The User may choose to set their browser to warn them when a cookie is being sent or to remove or reject cookies. If the User chooses to remove or reject cookies, it may affect features and services on the Loyalie App. Further, the User may choose to withdraw its consent to the use/ disclosure/ retention of such cookies. In such a case the Company will have the option to not provide certain services offered by the Company, for which such consent to use the information was sought.
V. DIVULGING/SHARING OF PERSONAL INFORMATION
1. Sharing to facilitate services: The User is aware that the Company/ Loyalie App may share the User’s personal information with other Persons, including to help detect and prevent identity theft, fraud, and other potentially illegal acts; including, correlating related or multiple accounts to prevent abuse of the Loyalie App’s services; and to facilitate joint or co-branded services, where such services are provided by more than one corporate entity.
2. Legal Requirement: The User is aware that the Company may disclose personal information if required to do so by law or if the Company in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Company may also disclose the User’s personal information to Government Authorities, 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 any law or the rights of a third party; or protect the rights, property or personal safety of its users, or the general public.
3. Acquisition or Merger of the Company: The User is further aware that the Company may share some or all of the User’s personal information with other Persons should the Company plan to merge with, or be acquired by such Person, or in the event of re-organization, amalgamation, or restructuring of the Company’s business. Such Persons will continue to be bound by the Terms and Policy, as may be amended from time to time.
4. Payment Gateways: The User is further aware that the Loyalie App will share the user’s personal information with payment gateways in order to process payments.
5. Third-Party Use: The User agrees and acknowledges that pursuant to the Programs offered through the Loyalie App, the User’s personal information and such other information may be disclosed by us, for use by third parties, Vendors and Developers, as may be required and permitted pursuant to the Terms. The User consents to such disclosure and use, and shall not hold liable the Company and/ or Vendors and/ or the Developer and/ or the relevant third party to whom such information has been disclosed to, for use of such information as per the Terms.
6. Location Information: For purpose of using the Loyalie App, we may collect and process information about your mobile device’s GPS location (including the latitude, longitude or altitude of your mobile device) and the time the location information is recorded to customize the use of the Loyalie App with location-based information and features (for example, to inform you about projects of Developers in your area or proximity of Vendors). Some of these features require your personal data and we may associate your location data with your Loyalie Login and other information we hold about you. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
7. Anonymous or De-Identified Data: We may anonymize, aggregate and/ or de-identify information collected from you through the Loyalie App or through other means, including via the use of third-party analytic tools. As a result, our use and disclosure of anonymized, aggregated and/ or de-identified information is not restricted by this Policy, and it may be used and disclosed to others without limitation.
1. Transactions on the Loyalie App are secure and protected on Go Daddy Hosting with standard SSL and as specified by the Information Technology Act, 2000, including the rules framed there under, or any other applicable law. Any information entered by the User when transacting on the Loyalie App is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information may be received, stored by or retained by the Loyalie App 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.
VII. THIRD-PARTY ADVERTISEMENTS / PROMOTIONS
1. The User is aware that the Loyalie App uses third-party advertising companies to serve ads to the users of the Loyalie App. The User is aware that these companies may use information relating to the User’s visits to the Loyalie App and other Loyalie Apps inter alias in order to provide customized advertisements to the User. Furthermore, the Loyalie App may contain links to other websites/applications that may collect personal information about the User. The Company is not responsible for the privacy practices or the content of any of the aforementioned linked websites/applications, and the User expressly acknowledges the same and agrees that any and all risks associated will be borne entirely by the User.
VIII. USER’S CONSENT
1. By using the Loyalie App and or by providing information to the Company through the Loyalie App, the User consents to the collection and use of the information disclosed by the User on the Loyalie App in accordance with this Policy, including, but not limited to, the User’s consent to the Loyalie App for sharing/divulging the User’s information, as per the Terms and as contained herein above in Clause V of the Policy.
IX. GRIEVANCE OFFICER
1. In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer of the Company are provided below: Name: Mrs. Paridhi Shah Contact info.: firstname.lastname@example.org
X. GOVERNING LAW AND JURISDICTION
1. This Agreement shall be governed by and construed in accordance with the Laws of India.
2. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts in [Mumbai].
1. On user registration, we will collect the name, phone number, photo, email, date of birth, anniversary date and gender of the user.
2. On Refer now section, we will collect user-selected contact information which include a contact name, contact email and phone number.
3. Passwords for each user will be encrypted before saving in the database.
4. Images are saved in the Go Daddy server.
Information Not Collected
● Current location of the user.
● Network details
● work title, department information and other information related to your work or Organisation.