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This document is an electronic record in terms of the Information Technology Act, 2000 of India (including any amended versions or replacements thereof and any Rules framed thereunder) and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system which does not require any physical or digital signatures and is being published in accordance with the Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing of rules and regulations, privacy policy and terms of use for access or usage of websites and applications for mobile and handheld devices.

Your use of the Website constitutes your agreement to be subjected to this Privacy Policy, which shall, together with our Terms of Use, govern the relationship between Kolkata Motomag Private Limited (KMPL) and you in relation to the Website and the Content purchased and transactions made thereon.

We view protection of your privacy as a very important principle. We understand clearly that you and your Personally Identifiable Information (“PII”) are our most important assets. We store and process your information, including PII and any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the said Act and Rules thereunder.

If you disagree with any part of this Privacy Policy, or to your information being transferred or used in this way, please do not use the Website.

Terms capitalized herein but not defined shall have the same meaning as given in the Terms of Use contained on the Website.

Nothing contained herein shall be construed to contradict or override anything contained in the Terms of Use appearing on the Website. The interpretation of KMPL in this matter shall be final and binding

Collection and Use of Your Non-Personal and Personal Information

Personal information is data that can be used to identify or contact a single person. KMPL collects both personal and non-personal data when you visit and browse the Website.

When you visit the Website, certain kinds of information, such as the website that referred you to us, browser type and language, access times, etc. may be collected automatically as part of the Website’s operation. We also may collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the Website. These shall be considered non-personal information for the purposes of this Privacy Policy.With your explicit consent, we may collect data about how you use your device and linked social media / other applications in order to improve the Website and our services.Demographic information (e.g., your occupation, hobbies, gender, or interests) may also be collected and may be linked to your personal information.If we do combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined.

We only collect personal information about you after you have provided us with your consent to collect that specific information.

You may be asked to provide your personal information anytime you are in contact with KMPL or an KMPL affiliated company.KMPL and its affiliates may share this personal information with each other and use it in accordance with this Privacy Policy. We may also combine it with other information to provide and improve our products, services, content and advertising. You are not required to provide the personal information that we have requested, but, if you choose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have.

What Personal Information we Collect:

Here are some examples of the types of personal information KMPL may collect and how we may use it:

1. When you create an KMPL Account, make a purchase on the Website, download any downloadable Content, contact us including by social media or participate in an online survey, we may collect a variety of information, including your name, mailing address, telephone / mobile number, email address, contact preferences, device identifiers, IP address, location information, banking and / or credit card information and profile information where the contact is via social media.

2. When you share your Content with family and friends using the Website, or invite others to participate in KMPL forums, KMPL may collect the information you provide about those people such as name, mailing address, email address and phone number. KMPL will use such information to fulfill your requests, provide the relevant product or service, or for anti-fraud purposes.

3. If you transact on the Website, some additional information, such as billing address, other payment instrument details and tracking information from cheques etc., may be collected and stored by KMPL, its partners, service providers or authorised personnel.

4. If you choose to post messages on any message boards, chat rooms or other message areas or leave feedback on the Website, that information you provide to us will be collected for internal use by KMPL. This information is retained as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law. If you send a personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, such information may be collected and stored into a file specific to you.

Use of your Personal Information

KMPL collects and uses your personal information for the purposes described in this Privacy Policy, with your consent, for compliance with a legal obligation to which KMPL is subject, and to:

– create and manage your KMPL Member Account;

– process your transactions on the Website;

– provide resolution to a complaint / request raised by you (“Customer Service”);

– perform research and analysis aimed at improving our products, services and technologies;

– display content that is customized to your interests and preferences;

– send mandatory / important notices, such as communications about purchases and changes to our terms, conditions and policies, or other information that is important to your interaction with KMPL;

– run contests, select entrants, choose prize winners,keep you posted on KMPL’s latest product announcements, software updates, upcoming events and send communications relating to the same. If you don’t want to be on our mailing list, you can opt-out anytime by updating your preferences;

– run the Interactive Areas;

– facilitate your uninterrupted usage of the Website;

– ensure account and network security, including in order to protect our Website for the benefit of all KMPL Members and users, pre-screening or scanning uploaded content for potentially illegal content, including child sexual exploitation material. Where we use your information for anti-fraud purposes it arises from the conduct of an online transaction with us. We limit our uses of data for anti-fraud purposes to those which are strictly necessary and within our assessed legitimate interests to protect our customers and our services. For certain online transactions we may also validate the information provided by you with publicly accessible sources.

Source of your personal information when they are not collected from you

We may have received your personal information from other persons if that person has shared the Content with you while using the Website or invited you to participate in KMPLevents or forums. We may also validate the information provided by you when creating anKMPL ID with a third party for security and fraud prevention purposes.

Disclosing Your Personal Information

Except as set out in this Privacy Policy, KMPL does not disclose or sell your personal information to any third-parties.

We may use, disclose and / or otherwise process your personal information:

– when we have assessed it is necessary for the purposes of the legitimate interests pursued by KMPL or a third party to whom it may be necessary to disclose such information, such as to third-party service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, provide data storage, host websites, fulfil orders and shipments, assist in marketing, conduct surveys and audits, etc. The third-party service providers

(i) shall be permitted to obtain only the personal information they need to provide the service,

(ii) must protect personal information to the same extent as KMPL, and

(iii) shall be prohibited from using it for any other purpose;

–for internal purposes such as auditing, sending customer communications, as part of any merger, acquisition or sale of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy or receivership, in which personal information would be transferred as one of the business assets of the company.

We also reserve the right to disclose your personal information if required or permitted to do so by law.It may become necessary by law, legal process, litigation and/or requests from public and governmental authorities within or outside your country of residence for KMPL to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. We may also disclose information about you, but only where there is a lawful basis for doing so, if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.  This could include providing information to public or governmental authorities.

Consent of Your Personal Information

By submitting personal information to us, you acknowledge and agree that you have consented to the collection, use and disclosure practices set out in this Privacy Policy as they relate to your personal information.

Use of Cookies and Other Technologies

The Website as well as the Content, interactive applications, email messages and advertisements appearing on the Websiteuse “cookies” and other technologies such as pixel tags and web beacons to enable you to create, sign in to and manage your KMPL Member Account and to help personalize your online experience on the Website. A cookie is a small file that is placed on your hard drive. Cookies contain information, including personal information that can later be read by a web server in the domain that issued the cookie to you. The information that cookies collect includes the date and time of your visit, your registration information, session identification number and your navigational history and preferences.

Cookies offer you many conveniences. Certain features on the Website may be available only through the use of a 'cookie'. They allow us to identify registered KMPL Members when they return to the Website so that they can retrieve previous preferences. Cookies also save you time by eliminating the need to repeatedly enter the same information.Most cookies are 'session cookies,' meaning that they are automatically deleted from your hard drive at the end of a session. You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you may be able to modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our sites and services that depend on cookies and you may be required to re-enter your password more frequently during a session, but you will be able to perform basic navigation through the Website.

Pixel tags and web beacons on our Website and in our promotional e-mail messages or newsletters allow us to measure the actions of a user opening the page that contained the pixel tag or web beacon. We use web beacons to assist us in determining how many users have visited certain pages or opened messages or newsletters, improve user experience and manage the Content. When you click on a link on a page with a web beacon, we may record your response to customize our offerings to you.

In some cases, our service providers,sponsors, advertisers and other third-parties may also use cookies, web beacons and other technologies on our Website. KMPLhas no access to or control over such use of cookies and other technologies by third parties on the Website. If you choose to click on any external URL on the Website or conduct any transaction via a link appearing on the Website, information about your online and buying behaviour may be collected by such third party cookies and other technologies as well.This Privacy Policy covers the collection of information and use of cookies and other technologies by KMPL only and does not cover the use of cookies or other technologies by third parties to collect information.

Security of Your Personal Information

The security of your personal information is important to us. We follow generally accepted industry standards to help protect your personal information including without limitation:

– limiting access to your personal information to those of our employees who require it to provide Customer Service;

– ensuring that third-party service providers sign confidentiality agreements to maintain the confidentiality of your personal information and not to use it for any unauthorized purposes;

– personal information collected is retained only as long as it is reasonably required for the purposes it was collected;

– storing your personal information in secure computer systems which protect it from unauthorized access or use and any transmission thereof is protected by using encryption such as Transport Layer Security (TLS);

However, please note that no method of transmission over the internet or of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security.

It is your responsibility to keep your KMPL Member Account log in credentials, including the password, confidential.

Forums & Other Interactive Services

Our Website may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Website (“Interactive Areas”). If you use an Interactive Area, you should be aware that these areas are open to the public and any personal information you post or provide at registration may be viewable by othersand can be read, collected or used by them. You are responsible for the personal information you choose to share or submit in these instances. We are not responsible for personal information you submit in connection with the Interactive Areas, nor are we responsible for how others might use that information, including sending you unsolicited messages. Interactive Area postings may be retained indefinitely.

Integrity and Retention of Personal Information

KMPL makes it easy for you to keep your personal information accurate, complete and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy and our service specific privacy summaries. When assessing these periods we carefully examine our need to collect personal information at all and if we establish a relevant need we only retain it for the shortest possible period to realize the purpose of collection unless a longer retention period is required by law.

Location-Based Services

To provide you with the best user experience on the Website, KMPL and our partners and licensees, such as maps data providers, may collect, use and share precise location data, including the real-time geographic location of your KMPL computer or device. Where available, location-based services may use GPS, Bluetooth and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations and other technologies to determine your devices’ approximate location. Unless you provide consent, this location data is collected anonymously in a form that does not personally identify you and is used by KMPL and our partners and licensees to provide and improve location-based products and services.

Some location-based services offered by KMPL may require your personal information for the feature to work.

Advertisement and Sponsorship:

The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. KMPL does not check the accuracy of such materials provided and shall not be responsible for the illegality of or any error or inaccuracy in the advertisers' or sponsors’ materials. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. KMPL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

Links

We may link to websites, including third-party content providers that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.

The Existence of Automated Decision-Making, Including Profiling

KMPL does not take any decisions involving the use of algorithms or profiling that significantly affect you.

Changes and Updates to the Privacy Policy

KMPLreserves the right to change and update this Privacy Policy at any time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy. We will also contact you via your contact information on file, for example by email, notification or some other equivalent method.

However, KMPL shall not be liable for any failure to do so, and we encourage you to review this policy whenever you visit the Website.

 

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