Your privacy is important to us.
The user of this Website (“User”) agrees to be bound by the terms and conditions of
not agreeable to the User, the User is requested to refrain from using this Website.
Tikariha Advisors Private Limited (TAPL) is concerned about the privacy of the data and information of the Users accessing the website – ‘www.agentian.com’ or mobile applications- ‘AGENTIAN and ‘Marketing Tips by AGENTIAN’ and the other associated/ancillary applications, products, websites and services managed by TAPL (“Website”) and otherwise engaging with TAPL through the Website.
This Policy forms an electronic contract within the provisions of the Information Technology Act, 2000 (“IT Act”), the rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the IT Act, from time to time. This Policy does not require any physical, electronic or digital signature.
TAPL will not differentiate between who is using the device to access the Website, so long as the log in/access credentials match with yours. In order to make the best use of the Website and enable your Information to be captured accurately on the Website, it is essential that you have logged in using your own credentials.
This Policy highlights inter alia the type of data shared/collected from a User in the course of the User’s usage of the Website. The Policy further intends to apprise the User of the purposes for which the data of the User is collected and the Website’s policy with regard to sharing such personal information with third party entities.
The terms “We”/ “Us”/ “Our” individually and collectively refer to and are synonymous with the term ‘TAPL’ and the terms “You” / “Your” / “Yourself” are to be construed to be synonymous with the term ‘User’.
All defined terms used within this Policy but not specifically defined herein shall draw their meaning from the definition ascribed to such term under the T&C
1. COLLECTION OF INFORMATION
TAPL may during the course of the User’s usage of the Website collect the following personal and non-personal information and such other information from the Users for accessing the Website (“Information”), as part of the voluntary registration process, any on-line survey or interaction on the Website or combination thereof, as may be required from time to time. The Information shall be collected in order to conduct operations on the Website. The Website collects or can request for the below mentioned Information from the Users
1.1 Personal Information:
(i) Name of the User;
(ii) Phone number (mobile and/or residence and/or alternative) of the User;
(iii) Gender of the User;
(iv) Date of birth of the User;
(v) Address (official/residence/other) of the User;
(vi) Email Id (primary/alternative) of the User;
(vii) Personal information received from social networking sites through which the User has registered to the Website including name, profile picture, email address or friends list, and any information made public in connection with that social media service;
(viii) Internet protocol (IP) address of the User; and
(ix) Sensitive personal data such as passwords and payment details.
1.2 Non-personal information:
(i) Details of internet or telecom service provider of the User;
(ii) Location of a User;
(iii) Type of internet browser being used by the User; and
(iv) Such other information that may be required to access and operate the Website
1.3 Please note that in addition to the above, the duration of use of the Website by the User may also be logged and stored by the Website.
1.4 The Information may be collected and/or stored in electronic form, however, TAPL is hereby authorized by the User to collect/store such information in physical form as well.
1.5 The Website may share the Information of a User with any third party entities subject to such entities adopting reasonable safety standards with respect to the use of such Information.
2. REPRESENTATION AND WARRANTIESEvery User hereby represents and warrants to TAPL that:
(a) all Information provided by the User is true, correct, current and updated;
(b) all Information provided by the User and the provision of such Information by the User does not in any manner violate any third party agreement, law, decree, order or judgement;
(c) all Information provided by the User does not belong to any third party, and if it does belong to a third party, the User is duly authorized by such Third Party to use, access and disseminate such Information;
(d) the officers, directors, contractors or agents of TAPL shall not be responsible in any manner whatsoever with regard to the authenticity or veracity of the Information that a User may provide to the Website; and
(e) the User shall indemnify and hold harmless TAPL and each of its officers, directors, contracts or agents and any third party relying on the Information provided by the User in the event the User is in breach of this Policy. TAPL represents and warrants to every User that:
(a) it shall not collect the User’s sensitive personal data unless such sensitive personal data is collected for a lawful purpose for which such collection of data is necessary;
(b) it shall not retain any sensitive personal data for longer than such sensitive personal data is required or can be lawfully used; (c) in the event TAPL collects Information directly from the User, TAPL shall make reasonable effort to apprise the User of the purpose of such collection of Information, the intended recipient of the Information and the details of the agencies collecting and retaining the Information; and
(d) it has in place the security practices and procedures prescribed under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“IT Rules”).
3. PURPOSE AND USE OF INFORMATIONAll Information collected/stored by the Website shall be used for:
(a) providing information about new educational products and services to the Users;
(b) to continually improve the existing Website and service offerings;
(c) to conduct research and surveys;
(d) to implement the necessary security practices to ensure that all personal data are protected;
(e) to administer the User accounts in normal course of business;
(f) to contact the Users in case where fraud, illegal activities or breach of privacy is recorded;
(g) to enable the employees of or persons acting on behalf of TAPL to communicate with the User, as and when necessary, in order to provide the services requested by such User;
(h) such other purposes that TAPL, at its sole discretion, however subject to the principles contained in this Policy, may deem fit.
4. SHARING OF INFORMATION4.1 Every User hereby expressly agrees that TAPL may share the Information collected from such User with its affiliates, employees, and such other individuals and institutions located within or outside India from time to time to ensure efficient management of Website traffic, to detect and prevent identity theft and other illegal acts, and to respond to legal, judicial, quasi-judicial law enforcement agencies or in connection with an investigation on matters related to public safety, as required and permitted by law and for such other purposes that TAPL may deem fit from time to time.
5. COOKIES AND THIRD PARTY WEBSITE LINKSThe Website send cookies (small files containing a string of characters) to your computer, thereby uniquely identifying your browser. Cookies are used to track your preferences, help you login faster, and aggregated to determine user trends. This data is used to improve offerings, such as providing more content in areas of greater interest to a majority of users.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Disclaimer:
Some of the Website features and services may not function properly if your cookies are disabled
The Website may contain links that will redirect the Users to third party websites that may have access to the personal information of the User to which this Policy shall not be applicable. Thereby, every User agrees and acknowledges that accessing third party websites through links provided in the Website will solely be at the Users discretion. Additionally, TAPL shall under no circumstance be held liable for breach of privacy by such third party website nor shall it be liable for any objectionable content that may be displayed on such third party website. The Website may contain links to other websites, however, every User agrees and acknowledges that the Website shall not be responsible for the privacy practices of other third party websites which it does not own, manage or control.
6. PROTECTION OF INFORMATION6.1 TAPL understands and acknowledges the importance of security and protection of the Information provided by and/or collected from the Users. Pursuant to the same, TAPL shall make the best efforts to ensure protection of Information by use of such security measures and programs that it may deem fit for the purpose. We shall employ best efforts to protect the Information against any unauthorized, illegal and fraudulent use of such Information by third parties.
6.2 Notwithstanding anything to the contrary, TAPL shall not be held responsible for any loss, damage or misuse of the Information caused to the User, if such loss, damage or misuse is attributable to an event beyond the control of or attributable to TAPL or a force majeure event.
6.3 TAPL shall ensure that the Website shall adopt appropriate encryption and security measures to prevent any hacking of the information of the Users and third parties and shall ensure that the User shall not be required or asked to disclose any Information, which may be prejudicial to the interests of the User. Currently, the content available on the Website is encrypted with AES 256 encryption where the data transfers are secured with HTTPS secured protocols and video content is delivered through HLS protocols.
6.4 TAPL shall use the Information collected from the Users in accordance with applicable laws including but not limited to the IT Act and the rules made thereunder and use the Information only for the purpose for which it was furnished.
6.5 TAPL has appropriate physical, electronic and managerial procedures in relation to the Website. The servers of the Website are accessible only to the authorized personnel and any Information of the User shall be shared with the authorized personnel only on a need to know basis to facilitate the services requested by the User. TAPL shall endeavor to safeguard the confidentiality of a User’s personally identifiable information, however, the transmissions made by means of the Internet cannot be made absolutely secure by the Website. The User agrees and acknowledges that TAPL shall not be liable for disclosure of any information due to errors in transmission or any unauthorized acts of third parties.
6.6 The User agrees and acknowledges that TAPL shall be entitled to share the Information where such sharing is necessary for the lawful performance of the contractual obligations existing between TAPL and the User and for such purposes as it may deem fit, however, the disclosure of Information shall be in accordance with this Policy, the IT Act and the rules made thereunder.
7. OPTION TO OPT-OUT AND WITHDRAWAL OF INFORMATION
7.1 The User has the option of not providing its Information to TAPL. Further, Information provided and/or collected by TAPL may be withdrawn at any time during or pursuant to usage of the Website by a User. Users desirous of withdrawing the Information shall send an email to the grievance officer and request for such withdrawal. TAPL may subsequent to such withdrawal of information, at its sole discretion continue or discontinue the provision of its services to such User.
8. GRIEVANCE REDRESSALThe User may, report violation of breach of privacy, Information or identify theft or grievances in relation to the Information shared, collected, stored or disseminated by TAPL in relation to the Website, to the grievance officer. The details of the grievance officer are as below:
E-mail Address: email@example.com
9. UPDATION OF POLICYTAPL reserves the right to change or update this Policy at any time. The User shall be notified of any change to the Policy having the effect of curtailing or limiting the existing User rights under the Policy. Any such changes or updation of the Policy shall be immediately effective upon posting to the Website and your continued use is deemed approval of all such changes.
10. GOVERNING LAW AND JURISDICTIONIn the event of any dispute arising between the parties with respect to this Policy, the same shall be referred to the sole arbitrator and the arbitration shall be in accordance with Arbitration and Conciliation Act of 1996. The language of arbitration proceeding shall be English. The seat and place of arbitration shall be Raipur, Chhattisgarh, India and the decision of the Arbitrator shall be final and binding on both parties herein.
This contract shall be subject to the exclusive jurisdiction of courts in Raipur, Chhattisgarh, India and shall be governed by the Indian laws.