Privacy Policy
This privacy policy (hereinafter referred to as “Privacy Policy” or “Policy”) describes the data protection practices of Sunita’s Makerspace (hereinafter referred to as “Makerspace”, “we”, “us” or “our”). The domain name and the Platform (defined hereinafter) of Makerspace is owned, registered and operated by CSK Ventures, a partnership firm incorporated under the Indian Partnership Act, 1932. This Privacy Policy applies to personally identifiable or personal information that we may collect and use about you (hereinafter referred to as “you” or “your” or “User(s)”) when you access or use the Makerspace website located at smakerspace.com (hereinafter referred to as “Platform”) or other online service that links to or otherwise presents this Privacy Policy to you. We refer to these products and services collectively as the “Services”.
Please read this Privacy Policy carefully to understand how we handle your information. If you do not agree to this Privacy Policy, please do not use the Services. Should you disagree with this Policy and still continue to access the Platform and provide your Personal Information (defined hereinafter), Makerspace disclaim all the liabilities arising therefrom and it shall be assumed by your continued use of the Platform that you have accepted the Policy and any other terms and conditions available on the Platform.
1. APPLICABILITY
1.1 This Privacy Policy applies to all Users who access the Platform and are therefore required to read and understand the Policy before submitting any Personal Information. If you have inadvertently submitted any Personal Information to Makerspace prior to reading the Policy statements set out herein, and you do not agree with the manner in which the Personal Information is collected, stored or used, then you may access, modify and delete all information stored about you by writing to us at [email protected]___________.
1.2 This Policy applies to the Platform and any other services that are owned and operated by Makerspace. Makerspace has taken all reasonable precautions to treat Personal Information as confidential in accordance with the industry standards and protect it from any unauthorized access, improper use or disclosure, modification and unlawful destruction or accidental loss.
2. INFORMATION WE COLLECT
We collect information about you through the means discussed below. Please note that we need certain types of information so that we can provide the Services to you in furtherance of our legitimate business interests. If you do not provide us with such information, or ask us to delete it, you may no longer be able to access or use our Services.
2.1 Personal Information
Personal Information means the information that identifies you or could reasonably be used to identify you and which is submitted to and/or collected by the Platform and maintained by Makerspace in an accessible form. It shall mean and include your name, user name, identification number, email address, postal address, age, password, demographic information such as your gender or other information you choose to provide as part of your Makerspace profile, any financial account information, your telephone number and/or other information in order to receive information about various subjects, register for Services, User-generated content you provide to us (such as when you comment on content on the Services, respond to a survey request, review a class, or participate in the public forums) or contact Makerspace customer service. To protect your privacy, you should not provide Makerspace with any information that is not specifically requested or that you do not wish to share.
2.2 Information Collected Through Automated Means
When you use our Services, we collect certain information as described in this clause. As discussed further below, we and our service providers (which are third party companies that work on our behalf) may use a variety of technologies, including cookies and similar tools, to assist in collecting this information.
Our system collects information that is sent over the internet without your control. When you visit out Platform, our web server also automatically records the name of your Internet Service Provider (ISP). Further, when you use our Platform, we collect and analyze information such as your Internet Protocol (IP) address, city/state and or postal code associated with an IP address, browser types and version, browser language, operating system, software and hardware attributes referring and exit pages and Uniform Resource Locator (URLs), the number of clicks, pages viewed and the order of those pages, date and time of use, content watched, total minutes watched, error logs, cookie number, the email ID you used to contact our customer service, course history in which you have enrolled, which we sometimes aggregate with similar information from other Users to create features, reports such as popular courses, most used features and other similar information about how you use the Platform.
During some visits we may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain page, course and videos, page interaction information (such as scrolling, clicks and mouseover) and methods used to browse away from the page.
2.3 Information We Collect from Others
We may receive additional information such as demographic and statistical information from third parties, such as business partners, marketers, researchers, analysts, and other parties that we may attribute to you based on your assignment to certain statistical groups. We use this information to supplement the information that we collect directly from you in order to derive your possible interests and to provide more relevant experiences for you and improve our products, analytics, and advertising.
3. USE OF YOUR PERSONAL INFORMATION
3.1We, use your Personal Information for various purposes depending on the types of information we have collected from and about you, in order to:
- provide the Services you have requested;
- respond to your request for information and provide you with more effective and efficient customer service;
- provide you with updates and information about classes in which you have enrolled;
- contact you by email, postal mail, or phone regarding Makerspace and third-party products, services, surveys, research studies, promotions, special events and other subjects that we think may be of interest to you;
- customize the advertising and content you see on the Services;
- help us better understand your interests and needs, improve the Services including through research and reports, and test and create new products, features, and services;
- secure our Platform and resolve crashes and other issues being reported;
- comply with any procedures, laws and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others;
- establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others;
3.2 Combined Information
For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.
3.3 Makerspace shall use your Personal Information to communicate with you. The said communication can either be by calls, texts or emails to inform you about new service offerings or other information which we feel might be useful for you. If at any time you wish to not receive any communication from our end, you can opt-out of the same by writing to us on [email protected]______________.
3.4 While availing our Services you will provide access to Makerspace with your Personal Information. If that information is wrong, you can request us to modify or delete the same. Makerspace will take all reasonable measures to ensure that the Personal Information is modified and used for rendering services to you and as otherwise in compliance with laws. When editing or deleting Personal Information, we may ask you to verify your identity before we can act on your request. Makerspace may at its sole discretion reject any request that is contrary to law and requires unreasonable technical efforts. We do not assure that we will delete all residual copies and archives made by any third party without our knowledge and consent.
4. ACCESS OR DISCLOSURE OF YOUR PERSONAL INFORMATION
4.1 Makerspace’s Entities
We may share your Personal Information with other entities within CSK Ventures, those that have agreed to be bound by this Privacy Policy. It is possible that we, or one of our divisions or affiliates, could merge with, be sold to or be acquired by a third party. To the extent legally permissible and in accordance with the conditions of this Privacy Policy, we may share your Personal Information with any successor entity.
4.2 Third Parties
We may disclose Personal Information about you to other third parties to comply with applicable laws and regulations. We provide access to or share your Personal Information with select third parties who perform variety of Services including billing, sales, marketing, auditing, product content and features, advertising, analytics, research, customer service, data storage, security, fraud prevention, payment processing, and legal services on our behalf. They have access to perform these Services but are prohibited from using your information for other purposes. Any such processing will be governed by an agreement in the form required by law, preserving any and all of your statutory data protection rights.
4.3 Protection of Makerspace and Others
By using the Services, you acknowledge and agree that we may access, retain and disclose the Personal Information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce our terms and conditions under the Agreement, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of Makerspace, its agents and affiliates, its Users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. We also reserve the right to disclose such Personal Information to third parties where a complaint arises concerning your use of our Platform and where we believe, in our sole discretion, that your use of our Platform is inconsistent with the Privacy Policy.
4.4 Links, Advertisers, Third Party Sponsors & Ad-Servers
Our Platform may contain links to other websites that are not covered by this Privacy Policy and where information practices may be different from ours. Users should consult the other sites' privacy policies on such third party sites before submitting any Personal Information, as we are not responsible for and have no control over Personal Information that is submitted to or collected by, these third-party websites. On this Platform, we sometimes offer content or programmes that are sponsored by or co-branded with identified third parties (e.g. competitions or promotions). These third parties can obtain Personal Information that you voluntarily submit to them to make use of the offer. We are not responsible for the collection and use of your Personal Information by these third parties. On our Platform, third parties may present or serve advertisements, provide us with data collection, reporting and ad response measurement, as well as assist with delivery of relevant marketing messages and advertisements. These third parties may view, edit, or set their own cookies or other files on the User’s computer, collect data or solicit personal information from the Users, for which Makerspace is not responsible or liable.. The use of these technologies by such third parties is subject to their own privacy policies and is not covered by this Privacy Policy. Accordingly, Makerspace does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does Makerspace guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by Makerspace of the website, the website's provider, or the information on the website. Makerspace encourages the User to read the privacy policies of that specific website.
4.5 Aggregate/Anonymous Information
From time to time, we may share aggregate/anonymous information about use of the Services, such as by publishing a report on usage trends. The sharing of such data is unrestricted.
4.6 Users shall be required to register for free with Makerspace in order to access and use the Services. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. In order to have access to all the features and benefits on our Platform, a User is required to first create an account on our Platform. To create an account, a User is required to provide Personal Information as may be required during the time of registration.
4.7 Other information requested on the registration page, including the ability to receive promotional offers from Makerspace, is optional. Makerspace may, in future, include other optional requests for information from the User to help Makerspace to customize the Platform to deliver personalized information to the User. Without User's agreement, However, Makerspace will not share, rent or sell any Personal Information with third parties in any way other than what is disclosed in this Policy. Makerspace may keep records of telephone calls received and made for making enquiries, registered courses, feedback or other purposes for the purpose of rendering Services effectively and efficiently.
5. INFORMATION SECURITY
To protect the security of your Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction, we use Secure Sockets Layer (SSL) software, which encrypts information you input. To prevent unauthorized access to Personal Information, it is important for you to monitor those who have access to your password and to your computer, laptop or any other device through which your account can be accessed. Be sure to sign off when finished while using a shared computer. However, no internet or email transmission is ever fully secure or error free. Please keep this in mind when disclosing any information to Makerspace via the internet.
6. DATA SUBJECT RIGHTS AND CHOICES
6.1 Your Legal Rights
If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please write to us at [email protected]___________. We will consider all requests and provide our response within the time period stipulated by the applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.
6.2 Marketing Communications and Sharing
You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by writing to us on [email protected]________. In commercial email messages, you can also opt out by following the instructions located at the bottom of such emails. We respect your privacy and to the extent that you choose not to receive such emails, we will take all steps to remove you from the list. Should you evidence any violation of our Privacy Policy, please write to us at [email protected]__________ and report such incident. Please note that, regardless of your request, we may still use and share certain information as permitted by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you, or important notifications regarding classes in which you are enrolled.
7. COOKIES AND SIMILAR TECHNOLOGIES
7.1 To collect the information in Clause 2.2 above i.e. “Information We Collect Through Automated Means”, we and our service providers use internet server logs, cookies, tracking pixels, and other similar tracking technologies. We use these technologies in order to offer you a more tailored experience in the future, by understanding and remembering your particular browsing preferences. Cookies are small text files that are placed on your computer or mobile device when you visit a website that enable us to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Services you have visited; (iv) enhance your user experience by delivering and measuring the effectiveness of content and advertising tailored to your interests; (v) perform searches and analytics; and (vi) assist with security and administrative functions. Some cookies are placed in your browser cache while those associated with Flash technologies are stored with your Adobe Flash Player files.
7.2 As we adopt additional technologies, we may also gather information through other methods. Please note that you can change your settings to notify you when a cookie is being set or updated or to block cookies altogether. Please consult the “Help” section of your browser (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari) for more information. You can also manage the use of Flash technologies, including flash cookies and local storage objects, with the Flash management tools available at Adobe's website. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.
8. INTEREST-BASED ADS
8.1 The Services may integrate third-party advertising technologies that allow for the delivery of relevant content and advertising on the Services, as well as on other websites you visit and other applications you use. The ads may be based on various factors such as the content of the page you are visiting, information you enter such as your age and gender, your searches, demographic data, user-generated content, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests.
8.2 On unaffiliated sites, Makerspace may display interest-based advertising using information you make available to us when you interact with our Platform, content, or Services. Interest-based ads, also sometimes referred to as personalised or targeted ads, are displayed to you based on information from activities such as subscription on our Platform, visiting sites that contain Makerspace content or ads. In providing interest-based ads, we follow applicable laws, as well as the Code for Self-Regulation in Advertising by the Advertising Standards Council of India.
8.3 We do not provide any personal information to advertisers or to third party sites that display our interest-based ads. However, advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that Users who interact with or click on a personalised ad or content are part of the group that the ad or content is directed towards.
9. GOVERNING LAW AND JURISDICTION
This Agreement, regardless of where executed, shall be subject to, governed by and construed in accordance with the laws of India, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the application of Indian law. Subject to Clause 10, the competent courts located in Gujarat shall have exclusive jurisdiction with respect to matters arising out of this Agreement and you hereby accede to and accept the jurisdiction of such courts.
10. DISPUTE RESOLUTION
10.1 The parties hereto irrevocably agree that any dispute, controversy or claim arising out of, relating to or in connection with the Policy, made available or updated from time to time on the Platform or the existence, breach or misrepresentation or inaccuracy, termination or validity hereof shall be amicably and jointly discussed and settled inter se between the parties.
10.2 In the event the dispute is not resolved within thirty (30) days of any party having notified the other regarding the existence of such dispute, the parties shall refer the matter to final and binding arbitration. The venue and seat of arbitration shall be Surat, India. The arbitration shall be governed by the Arbitration and Conciliation Act, 1996 or any statutory amendments or modifications thereof in accordance with the laws and rules then in force. The tribunal shall consist of one (1) arbitrator, who shall be appointed based on mutual consent between the parties. In case the parties fail to arrive at such mutual agreement, Makerspace may nominate the names of three (3) retired High Court judges, and you shall be obligated to select one (1) amongst them who will act in the capacity of the sole arbitrator.
10.3 The Arbitration shall be conducted in English language and the award of the arbitrator shall be final and binding on the parties.
11. REVISION OF TERMS & GRIEVANCE REPORTING
11.1 From time to time, we may revise this Privacy Policy to reflect Makerspace’s initiatives, changes in the law or technology or changes in our practices regarding the collection and use of Personal Information. If we decide to change this Privacy Policy, the changes will be posted on this Platform so that you are always informed of the latest version. We may update or amend this Policy at any time, with or without advance notice. In the event there are significant changes in the way Makerspace treats User's Personal Information, Makerspace will display a notice on the Platform and may send Users an email.
11.2 Notwithstanding the above, Makerspace may and is not obligated to notify the Users of any changes made to the Privacy Policy. We recommend that you visit this Policy every time you are about to provide Makerspace with your Personal Information. Should you have any concern or reject the changes in the Privacy Policy, you can refuse to accept the amendments and opt for withdrawing your Personal Information by writing to us at [email protected]___________. If you have any compliant or grievances with respect to the Privacy Policy please write to us at [email protected]_________.