Privacy Policy

THIS PRIVACY POLICY IS IN THE FORM OF AN ELECTRONIC CONTRACT FORMED 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, INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES, 2011, INCLUDING AMENDED PROVISIONS AND RELEVANT RULES OR LAWS AS PRESCRIBED FROM TIME TO TIME (“DATA PROTECTION LAWS”). THIS PRIVACY POLICY DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

LoyalCape Private Limited (hereinafter “Loyal Cape”) recognizes the importance of privacy of its Users and also of maintaining confidentiality of the information provided by its Users as a responsible data controller and data processor. This Privacy Policy provides for the practices for handling, receipt, possession, collecting, usage, sharing and securing User’s Personal Information (defined hereunder) by Loyal Cape and its subsidiaries, affiliates, associated entities, vendors or third parties with whom it shares any data so collected on need-to-know basis.

This Privacy Policy is applicable to any person (hereinafter “User”) who accesses, uses, interacts, purchases, or enquires about any product(s) or services(s) made available through Loyal Cape’s user interface channels including but not limited to its website, mobile site & mobile app, its Learning Management System (“LMS”), call centres, offices etc. (collectively referred herein as “Platform”) and agree to be bound by the terms and conditions of this Privacy Policy.This Privacy Policy is incorporated into and subject to the Terms of Use and applies to the use/access/interaction/enquiry/purchase through or of the Platform and any other services directly provided by Loyal Cape.

For the purpose of this Privacy Policy, wherever the context so requires “you/You” or “your/Your” shall mean User and the term “We”, “us/Us”, “our/Our” shall mean Loyal Cape.

This Privacy Policy does not apply to any website(s), mobile sites and mobile apps of third parties, even if their websites/products are linked to our Platform. User should take note that information and privacy practices of Loyal Cape’s business partners, advertisers, sponsors or other sites to which Loyal Cape provides hyperlink(s), may be materially different from this Privacy Policy. Accordingly, it is recommended that you review the privacy statements and policies of any such third parties with whom you interact and we shall not be responsible or liable for such interactions.

Loyal Cape, as prescribed under Data Protection Laws, takes responsibility for protection of the information shared by the User. We are committed to ensuring that information shared by you is protected and we assure that it shall be solely used in accordance with this Privacy Policy and for legitimate purposes.

For purposes of this Privacy Policy, capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the ToU.

ELIGIBILITY TO TRANSACT ON PLATFORM

User must be eligible to enter into legally binding contract as per the Indian Contract Act, 1872 and to transact directly with us and our Platform and also to consent to the processing of User’s Personal Information or Sensitive Personal Information. The Platform is not intended to be used by minors. Any violation will entitle us to deregister/delete/suspend such accounts without notice or incurring any liability.

APPLICABILITY AND CONSENT

By interacting/accessing/ using the Platform and/or providing Information, You expressly consent to our collection, use,transfer, retention, storage and disclosure of Information provided by you in accordance with this Privacy Policy and this Privacy Policy along with our Terms of Use governs your interactions with us. If you disagree with this Privacy Policy,please do not use or access our Platform or provide any Information.

You have the option of not providing your Personal Information or Sensitive Personal Information. Non-provision of said information will limit our ability to process your requests or provide you the services.

INFORMATION COLLECTED BY US

The information as detailed below is collected by us to be able to provide the services chosen by you and also to fulfil our legal obligations as well as our obligations towards our partners and third parties. Nature of such information is Personal Information or Sensitive Personal Information and Non-Personal Information.

Personal Information is information which can identify any User including name, email ID, age, gender, mobile number. Sensitive Personal Information includes passwords, biometric information or any financial account information provided at the time of registration. Personal Information or Sensitive Personal Information has meaning more specifically defined under the applicable Data Protection Laws (hereinafter collectively “Information“)

We assume all the Information provided by you is true, accurate, current, non-misleading, consistent and relevant and we shall not be liable for any inaccuracy or incompleteness of such Information.

Other information:
We many also collect some other information and documents including but not limited to:
Other information: We many also collect some other information and documents including but not limited to:
- Transactional history (other than banking details) about your activities, buying behaviour on the Platform and related activities of downloading of brochures from our Platform, raising of any query or response to any query;
- Your usernames, passwords, and other security-related information used by you in relation to our services;
- Your interactions with our call centres, or services staff, call recordings;
- Any content generated by you or third-party including audio, video, graphics, literary, files, images,photographs, testimonials, documents or materials which is uploaded by you on the Platform’s community or public forums;
- URL you used to connect to our platform, operating system, browser software, mobile device you use, IP address of your mobile device, ISP, and information collected as per the permissions that you provide.
- Information collected by us or our Educational Partners or service providers in the process of you participating in any review, assessment, assignment, project, examination or certification you participate in, voluntarily.
- Data available in public domain or received from any thirdparty including social media channels, including but not limited to Personal Information or Non-Personal Information from your linked social media channels (like name, email address, friend list, profile pictures or any other information that is permitted to be received as per your account settings) as a part of your account information;
- Any other information that you may provide directly or indirectly in the course of transacting with the Platform including information shared with partners and service provider(s) of Loyal Cape.
Information from our Partners :We may receive Information about you from our partner’s i.e. educational institutions, universities, enterprises and similar partners with whom we collaborate for providing various services provided to you.
Other Information:In the process of your interactions and engagement with the Platform, Loyal Cape including its Educational Partners may collect Information i.e. your performance, grades, attendance records, ranks, scores, evaluation of assignments, tests, results, testimonials, photograph, your audio or video, image or content created by you or related information etc. for the purposes of examining your performance and ensuring that you are not in breach of any applicable terms of Loyal Cape.
If you subscribe to our free material as an unregistered User,you may be required to provide us with Personally Identifiable Information such as your name, email address, phone number, occupation, location and any other information as may be required by us.

USE OF YOUR DATA

The Information collected by us will be used only for legal purposes and in the following manner. In doing so, we employ and comply with security standards prescribed by Data Protection Laws.

We may use your Information for several purposes, including but not limited to:
- register you on the Platform;
- provide you the services requested for;
- keep you informed of the transaction status in connection with your interaction with the Platform/us;
- send confirmations either via email, SMS, or WhatsApp or any other messaging service;
- send information regarding any updates or changes to any services or support;
- allow our customer service to contact you, if necessary;
- customize the content of our Platform;
- request for reviews of products or services or any other improvements;
- send verification message(s) or email(s);
- validate/authenticate your account and to prevent any misuse or abuse;
- contact you periodically to offer a special gift or offer;
- monitor your performance and conducting examination and periodic reviews;
- conduct research about individual User behaviour and learning pattern;
- offer improved content and/or services and offerings;
- track attendance;
- track program completion, certifications or extension of terms;
- resolving disputes; collect money; detect and protect us against error, fraud and other criminal activity; and enforce our terms and conditions;
- conduct surveys; Identity of the survey participants is anonymous unless otherwise stated in the survey and survey is optional;
- analyse demographic and profile data about our Users’ activities on our Platform;
- identify and use your IP address to help diagnose problems with our server, and to administer our Platform. Your IP address is also used to help identify you, if you are a registered User and to gather broad demographic information.
- use your photo, video, employer details, testimonials or any Personal Information for the purposes of our marketing and advertisements
- use your Information related to grades, score, rankings,testimonials, your photograph, your company name where you are employed, title, program you undertook, achievements to publish on our internal Learning Management System (LMS) or on our leader board or achievers list.
Any Non-Personal Information collected by us is used for conducting statistical analysis, research of User behaviour, interests and improvising our services and offerings
Loyal Cape, its affiliates, group entities, or subsidiaries (present or future) directly or through third party service provider, from time to time, may also contact you by voice call, alerts, SMS, WhatsApp or email to know the preference of any User for concluding any service transaction or related activity or send you commercial communications and other services on your contact number provided by You, whether these numbers are registered with National Do Not Call Registry/ Listed in National Customer Preference Register or not. You hereby unconditionally consent that such communications via voice call, alerts, SMS, WhatsApp as aforesaid is (a) authorized by you/User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. You will indemnify Loyal Cape, its directors, officers, employees, affiliates, subsidiaries or third party (“Indemnified Party”) against all types of losses and damages incurred by Indemnified Party due to any action taken by TRAI, or any other authority due to any erroneous compliant raised by You on Indemnified Party with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever. In the event you wish to opt out from receiving any SMS, alerts, WhatsApp or email, you may write to our Grievance Officer.

In case you do not consent to the above, you may withdraw your consent at per the terms of this Privacy Policy and you acknowledge that it may severely inhibit/restrict our ability to serve you and may lead to cancellation of your request for which we shall not be liable in any manner whatsoever. To the extent we use your Information to market to you, we will provide you the ability to opt-out of such uses. Please refer opt-out section below.

CAUTION: User must verify the identity of any person calling on behalf of Loyal Cape while responding to any calls, SMS or email to avoid falling victim to fraudsters or organized scams and shall never disclose any Personal Information or Sensitive Personal Information through aforesaid communication mediums until satisfied on the identity of the caller.

COOKIES AND SERVER LOGS

Cookies:

We use cookies to personalize your experience on the Platform and the advertisements that maybe displayed. Cookies allow us to serve you better and more efficiently, to track your preferences, help your login faster, and aggregated to determine user trends.

We use cookies to collect information for record keeping purposes and make it easier to navigate the Platform. Cookies are small text files that are stored on Users’ hard drives. We will not use cookies to collect Personal Information without getting your permission. We use both “session ID cookies” and “persistent cookies.” Session ID cookies are used to store information while a User is logged into the website and expires when the User closes their browser. Persistent cookies are used to make tasks like logging into the site easier for returning Users by remembering a User’s login information. Persistent cookies stay on a User’s hard drive from one session to the next.

Server Logs:

In order to ensure easy and comfortable surfing on our Platform,each time any unregistered User visits our Platform, the computer collects certain statistical information. These statistics are only used to provide us information in relation to the type of User using our Platform by maintaining history of page requests and at no point they identify the personal details of the unregistered User. We may make use of this data to understand as to how our Platform is being used.

SHARING OF YOUR INFORMATION

In the interest of providing services to you, improving personalization and service efficiency, we may, under controlled and secure circumstances, share your Information with our affiliate or associate entities, including third party, suppliers, vendors and partners (“Recipient”) with whom we engage for providing services related to the Platform and for fulfilling your requests.

You hereby permit and allow us to share your Information within or outside India with such Recipients. We are committed to ensuring that Information shared by you is protected under similar contractual obligation by us with such Recipient and we assure you that it shall solely be used in accordance with this Privacy Policy.

We further ensure that all such Recipients employ best industry standard security measures and comply with Data Protection Laws. Users are requested to maintain confidentiality of their username or login credential and prevent any unauthorized access, for which we will not be responsible.

Companies in the same group:

We may share Your Information with our affiliates, subsidiaries (present or future), joint ventures, or other companies under a common control that we may have now or in the future, in which case we will require them to honour this Privacy Policy. If another company acquires Loyal Cape or our assets, that company will possess your Information, and will assume the rights and obligations with respect to that information as described in this Privacy Policy

Service Providers, Third Party and Partners:

We may transfer/disclose/share Information to those parties who support our business, including technical infrastructure services, analysing how our services are used, measuring the effectiveness of advertisements, providing customer / buyer services, facilitating payments, networking or conducting academic research and surveys, marketing, customer service, providing security, fraud prevention, credit facilities, recruitment consulting. If you opt for such services, data storage, legal services, networking facilities or if you opt to be part of such forums, education partners (i.e. university, company or enterprises) who develop or offer any program, your grades or assessment results will be available to your employers or scholarship providers who sponsor any program for you.

Notwithstanding the above, we use other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards, and credit facility providers to enable you to make payments on the Platform or for financial assistance. If you opt to avail any credit facility from our third-party credit facility providers you or your co-applicants would be required to share bank statements, KYC and other documents directly with the credit facility providers. The processing of payments or authorization or financial assistance is solely in accordance with these third parties’ policies, terms and conditions and we are not in any manner responsible or liable to you or any third party for any delay or failure at their end in processing your request or claims arising therefrom including privacy of any Information shared by you with them directly. In case we are authorized to collect above said Information on behalf of credit facility providers, we will ensure that such data is collected, stored or destroyed in accordance with terms herein.

OTHER DISCLOSURES

In the interest of providing services to you, improving personalization and service efficiency, we may, under controlled and secure circumstances, share your Information with our affiliate or associate entities, including third party, suppliers, vendors and partners (“<b>Recipient</b>”) with whom we engage for providing services related to the Platform and for fulfilling your requests.

Companies in the same group:

Service Providers, Third Party and Partners:

OPT-OUT OF PROMOTIONAL E-MAILS

You will occasionally receive e-mail updates from us about services related information and other noteworthy items. We hope you will find these updates interesting and informative. If you wish not to receive them, please click on the “unsubscribe” link or follow the instructions in each e-mail message or write to us requesting for an opt out at: hello@fatpouch.com.

PROTECTION OF YOUR INFORMATION

Loyal Cape has drawn up stringent security measures to protect the loss, misuse, and alteration of the Information provided by you under our control. Whenever you change or access your account information, we offer the use of a secure server. We adhere to strict security guidelines, for protecting your Information within our control against unauthorized access. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We use Secure Socket Layer (SSL) to encrypt the transmission of data on our Platform. We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. We restrict access to Information to our employees, contractors and agents who need to know that Information as per this Privacy Policy and are subject to confidentiality obligations.

All payment transactions are processed through secure gateway providers and are not stored or processed on our servers.

We are not responsible for third party circumvention of any privacy settings or security measures. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.

We disclaim any liability arising due to any acts or omissions or practices or procedures of any persons, companies, institutions or websites that we do not control, operate, or manage.

Please note that the data shared with us shall be primarily stored and processed in India and such other jurisdictions where a third party engaged by us may store or process the data on our behalf. By agreeing to this policy, you are providing us with your explicit consent to process your Information for the purpose(s) defined in this policy. The data protection regulations in India or such other jurisdictions mentioned above may differ from those of your country of residence. If you have any concerns in the processing of your data and wish to withdraw your consent, you may do so by writing at hello@fatpouch.com. The Platform is hosted in India. If you are accessing the Platform from outside India, you consent to transfer, storage and processing of your Information in and to India.

For Users who are European Union subjects we will ensure, if their data is provided to non-European Union entities, such entities comply with the applicable data protection laws. For any concerns in connection to sharing or processing of data, please write to hello@fatpouch.com.

User acknowledges that Loyal Cape takes no liability for any loss or claims that arises due to acts, omission and negligence of the Users including third parties who are not within the control of Loyal Cape.

We assure that any of our employees who violate our privacy and/or security policies related to User’s data are subject to disciplinary action, including possible termination and civil and/or criminal prosecution.

THIRD PARTY LINKS

Our Platform may link to other websites or third-party service providers’ websites that may collect personally identifiable information about you. We are not responsible for the privacy practices or the content of those linked websites and your interactions on such websites will be governed by their privacy statement.

VOLUNTARY DISCLOSURE BY USER

In the course of providing services, we will promote open forums for discussions and form communities to allow and permit exchange of ideas, information, views, or contents by its User(s). Such forums or community participation is totally optional. If User chooses to be part of any such forum or community discussions and in the process shares any content including audio, video, graphics, literary, files, images, photographs, testimonials, documents or materials, or any other Information, User acknowledges that all or any disclosures made by the User in such forums or community shall be available for public viewing, including any Personal Information shared by the User and we shall not be liable for any public disclosures and consequent loss or claim arising therefrom to User or any third party.

USER RESTRICTIONS

User shall comply with restrictions on sharing, displaying, hosting of Information as per terms stated in Terms of Use and Loyal Cape shall not be liable for any claims arising from such breach; and shall be entitled to rights against such breach.

CONSENT WITHDRAWAL

You may withdraw your consent and permission qua your Information as above said anytime by sending an email to hello@fatpouch.com. You acknowledge that it may severely impact and limit our ability to serve your requests or services.

REVIEW OF YOUR INFORMATION

You have the right to access, review, amend, delete, suppress, modify or rectify your Information, or request to correct/amend/remove the Information or object to use of the Information by writing to us at hello@fatpouch.com . We may verify your identity before conducting the changes.

We take reasonable measures to remove/delete your information upon request but we may not ensure deletion of any residual or archival copies in our systems or any residual or archival copies made by third parties without our knowledge and consent.

DATA RETENTION

We will retain your Personal Information as long as it is reasonably necessary for the purposes of this policy. We may retain it for a longer period to comply with any legal, regulatory, tax or accounting requirements. Where your Personal Information is no longer required, we will ensure it is either securely deleted or stored in a way which means it will no longer be used by us.

GOVERNING LAWS AND JURISDICTION

Your use of the Platform is governed by laws of India and any dispute is subject to exclusive jurisdiction of courts of New Delhi.

CHANGES TO PRIVACY POLICY AND EFFECTIVE DATE

We reserve the right to revise the Privacy Policy from time to time to suit various legal, business and User requirements. If we decide to change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. You are required to be aware of any changes and review this policy periodically. This policy is effective from the date last updated.

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