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.
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
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 __con[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
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
4.4 Links, Advertisers, Third Party Sponsors & Ad-Servers
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
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