Privacy policy
PRIVACY POLICY
This Portal: MyAppGurus (includes its pages, extensions etc., but not limited to) and other as may be launched from time to time (hereinafter referred to as "Website”, “Platform" and/or “Application”, which shall mean and be used interchangeably having the same meaning) is developed, operated and maintained by Elsner Technologies Private Limited ("The Company"), a company registered under the Indian Laws, having office at 305-306, Iscon Center, Shivranjini Cross Road, Shivranjini Satellite, Ahmedabad, Gujarat (380015), India. In the Privacy Policy, “we”, “our” and “us” means “the company”; “you” and “your” means any person who accesses and uses this Platform; This Privacy Policy covers this Platform’s treatment of personally identifiable information that the company collects when you are on this platform and afterwards, and when you use this platform’s services. This policy also covers the company's treatment of any personally identifiable information (“PII”) that users share and/or the PII which the company may fetch/collect from various service providers with whom the company has integrated its systems to provide the necessary services to you. This policy does not apply to the practices of companies that the company does not own or control or to people that the company does not employ or manage.
A. IN BRIEF
Protecting your privacy is at the highest importance for the Company, and we are committed to safeguarding it. This policy outlines how personal data we collect from you, or that you provide to us or that we may fetch/collect from various service providers with whom the company has integrated its systems, will be processed. Please read the following policy to understand the information we collect, how we will use that information and the circumstances where we will share it with third parties. This policy should be read together with our terms & condition. If you use any of our Services, you will be regarded as having read and accepted this Policy. You must not use this platform or our Services if you do not accept this Policy. By mere use of this platform, you expressly consent to our use and disclosure of your personal information in accordance with this Policy. Our privacy policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this policy periodically. Your consent to use the cookies in accordance with the terms of this policy when you first visit our website permits us to use cookies every time you visit our website. Further, your consent shall enable our browser extension feature to enable us to store your last visits, conduct data analytics etc.
This application is listed on Shopify wherein the users can directly install, login and post the reviews of the respective product and this policy is governed under the policies of the Shopify. It's a platform for social proof marketing and reviews that helps Shopify and Shopify Merchants expand their brands by converting actual consumers into brand ambassadors who post visual evaluations, discuss their experiences with products, and recommend friends.
B. COLLECTION OF AND PROCESSING OF YOUR PERSONAL DATA
The use of this platform may result in the collection and processing of your personal data. The term “personal data” under data protection law refers to all information relating to a specific or personally identifiable person (PII). An IP address can also be considered personal data. An IP address is assigned to each device connected to the internet by the internet service provider so that it can send and receive data. When you use the platform, we collect data that you provide yourself. In addition, when you use the platform, we also automatically collect certain information about your use of it.
We process personal data in compliance with the applicable data protection regulations. We will only process data where we are legally permitted to do so. When you use this platform, we will process personal data only with your consent, for the performance of a contract to which you are a party, or in order to take steps at your request prior to entering into a contract, for compliance with a legal obligation, or if the processing is necessary for the purposes of our legitimate interests or the legitimate interests of a third party, except where such interests are overridden by your interests or fundamental rights and freedom which require the protection of personal data.
C. COLLECTING PERSONAL INFORMATION
We may collect the following personal information, including but not limited to the following:
1. information about your computer including your IP address, geographical location, browser type and version, and operating system;
2. information about your visits to and use of this website including the referral source, length of visit, page views, and website navigation paths;
3 information, such as your email address, that you enter when you register with our website, to set up subscriptions to our emails and/or newsletters, etc.
4. information that you enter while using the services on our website during login;
5. information that is generated while using our website, including when, how often, and under what circumstances you use it;
6. information relating to anything you purchase, services you use, or transactions you make through our website, which includes your name, address, telephone number, email address, and credit card details;
7. information submitted while writing the reviews such as Name, Email, Product Title and details, Product Reviews, Ratings out of five and pictures of the respective product.
8. information contained in any communications that you send to us by email or through our website, including its communication content, metadata and hashed data;
9. Our application also provides option of referral and hence shall enable collection of referral email id, phone number etc. However, user entering such PII on behalf of the referral shall completely hold consent of the referral for such act and any liability that may arise on us for using such referral’s PII for marketing or otherwise, shall have to be completely indemnify us by you.
10. We may collect the personal information from the several sources as listed below:
a) Directly from the Shopify once you have completed the purchase on the website.
b) Directly from you when you use the service or leave a review or other content on the store, or when you provide your personal information to us through our service contact forms and email communications.
c) From the vendors and from our service providers helping us to operate the service.
d) You are not legally obligated to provide us or to the Store owner with your personal information, but if you do not, we will not be able to handle or respond to your inquiry, or fulfill your request to access or to use the service functionalities.
Certain areas and features of the website are available to you without the need to provide us with any information. However, other features of the Site or the Service will require providing the website with details such as your name, email address, address, mobile number etc., personally identifying information, a username and a password (collectively the "Registration Information"). There are no user IDs & passwords of any government or other institution asked on the platform. Any of your information that has been availed from any third party, basis on this consent, shall be used only in accordance with specific internal procedures as well as the statutory stipulations and safeguards governing access, in order to operate, develop or improve the service.
Before you disclose to us the personal information of another person, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with this policy. In case of any discrepancies and/or issues arising due to such “on behalf” submission, the submitter shall be liable and obligated under the then existing PII and other applicable rules and regulations.
D. PROCESSING PERSONAL INFORMATION
The company and its partners collect and use your personal information and other information only as follows ("The purpose"):
1. To send you any administrative notices, offer alerts and other Transactional Communications relevant to your use of the Service;
2. To enable you to apply for certain products and services for which you have chosen to apply;
3. For market research, project planning, troubleshooting issues, detecting and protecting against error, fraud or other criminal activity;
4. To third-party contractors that provide services to the company and are bound by these same privacy restrictions & confidentiality obligations;
5. To enforce Company’s terms & conditions;
6. To use data in connection with legal claims, compliance, regulatory and investigative purposes as necessary (including disclosure of such information in connection with legal process or litigation).;
7. For the purpose of security and monitoring wherein you allow us to understand how you are interacting with the services of the store so that we can personalize, develop and improve its business in the requisite manner.
8. To analyze usage of the site and to improve the Service/s and security;
9. To otherwise as set forth in this Privacy Policy.
10. To perform various analytics for the betterment of the user experience/products
11. To carry out obligations arising from any contracts entered into between the User and company and to provide User facilities and services as per Users interest.
12. To provide User with information about other services, events and services that company offer that are similar to this User have already purchased or inquired about or other communications containing information about new services or upcoming events of the company, company’s affiliates and non-affiliated third parties such as societies and sponsors, if User has consented to receive this information.
13. Subject to the chosen legal basis, such as consent or legitimate interest, we process your information to all the Store Manager to send you promotional email communications and other updates as may be required.
14. To notify the User about changes or updates to application’s User account.
15. To respond to the Users to requests, inquiries, comments or concerns.
16. To allow the User to participate in interactive features of our service when User chooses to do so.
E. CONSENT TO OVERRIDE DND
By using the platform and its services, you specifically provide consent to the company to send you transaction, service explicit & service implicit communications which are essential to continue the services like sending OTP for log-in, Status of Application etc., irrespective of your Do Not Disturb Registration with TRAI, DoT and/or any other Appropriate Authority. Similarly, you provide your explicit consent for sending across various communications on your registered email as well as phone number through various communication applications like WhatsApp as may be integrated with portal in future.
F. SHARING OF PERSONAL DATA
As a policy we do not disclose any personal information to anyone other than those to our employees, officers, professional advisors', third party contractors, third party service providers as reasonably necessary for the purposes set out in this policy.
We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company /ies and all its subsidiaries) as reasonably necessary for the purposes set out in this policy.
We will share your personal information with our Service Providers, who will use it only as necessary to assist us in the internal operations of our business and the service and not for their promotional purposes.
We will share your information with the Store Owner / Manager to which you have submitted the review, shared content with or with whom you signed up for the referral program. The Store Owner will use the information according to its own policies with including Internet, Websites, Social networks and integrations with MyAppGurus.
There are several products and services that may be offered by third parties on our Site, (collectively, "Offers"). If you choose to apply for these separate products or services, disclose information to the providers, or grant them permission to collect information about you, then their use of your information is governed by their privacy policies and they will be acting as data controllers of your information. You should evaluate the practices of these external services providers and should view their privacy policies or contact them directly for further information before deciding to use their services. The company is not responsible for their privacy practices.
Personal data may also be shared with third party service providers, who will process it on behalf of the Company for the purposes identified above subject to confidentially arrangements and strictly on need-to-know basis, these include:
1. Payment collection services providers (Payment gateways and otherwise required for digital payment collection)
2. Identity verification agencies
3. Fraud prevention agencies
4. Digital marketing and content delivery agencies
5. Application service provider
6. Any other service provider strictly required on need basis to fulfill the purpose of service delivery as envisaged for this portal (“Purpose”).
For the purposes of Data Protection Law, the Company is a data controller of your personal data. You can get in touch with the Company by using the contact details mentioned in the contact us page.
Notwithstanding the foregoing, the company reserves the right (and you authorize the company) to share or disclose your personal information when the company determines, in its sole discretion, that the disclosure of such information is necessary or appropriate:
1. As required by law
2. When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request,
3. in connection with any ongoing or prospective legal proceedings;
4. If the company is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information; Optionally, company may provide choices you may have regarding your personal information then.
5. In the event that the business is sold or merged or integrated with another business/investor, your details will be disclosed to our advisers and any prospective purchaser's adviser and will be passed to the new owners/investors of and/or in the business.
6. We may sell, license or distribute information in anonymized or aggregated form so that the information does not identify a specific user, without restriction, including, but not limited to, for producing data analytics and reports for business partners or other third parties.
G. SECURITY OF YOUR PERSONAL INFORMATION
Implementation of the security measures in order to secure your information:
1. We will take reasonable technical and organizational precautions to prevent the loss, misuse, or alteration of your personal information. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it.
2. We use a combination of firewalls, encryption techniques and authentication procedures, among others, to maintain the security of your online session and to protect the accounts and systems from unauthorized access.
3. All electronic financial transactions entered into through our website will be protected by encryption technology.
4. When you register for the Service, this platform requires a password from you for your privacy and security. The platform transmits information such as your Registration Information for the company/ this platform or Account Credentials securely.
5. Our databases are protected from general employee access both physically and logically. We encrypt your Service password so that your password cannot be recovered, even by us.
6. You acknowledge that no method of transmission over the Internet, or method of electronic storage, is 100% secure, however, therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us on the email provided in contact us segment on our website.
H. DATA TRANSFERS
Presently the platform is operational across various countries and territories across globe. Information that we collect may be stored, processed in, and transferred between any of the countries in which we may operate in the future in order to enable us to use the information in accordance with this policy. You expressly agree to the transfers of personal information described in this Section. We hereby declare that the data localization is not practiced as the platform is independent of territories.
I. USING YOUR INFORMATION FOR MARKETING PURPOSES
From time to time we may request more personal information in order to provide you with other benefits of the Service. The company may aggregate personal information and disclose such data in a manner to:
1. Third parties for their marketing and promotional purposes;
2. Users of the Service for the purpose of comparing with relative to the broader community.
3. Such information may not identify you individually. We may also use third party service providers to help us provide the Service to you, such as sending e-mail messages on our behalf or hosting and operating a particular feature or functionality of the Service. Our contracts with these third parties outline the appropriate use and handling of your information and prohibit them from using any of your personal information for purposes unrelated to the product or service they're providing.
J. RETENTION OF PERSONAL INFORMATION
We retain your transaction information for 3 days, unless you submitted a review through our service. If you submitted a review, we will retain your information for the duration needed to support our ordinary business activities operating the Service and interacting with you. Thereafter, we will still retain your personal information as necessary to comply with our legal obligation, resolve disputes, and defend legal claims and enforce our agreements. The overall period of retention is approximately 3 days.
We need your personal data in order to:
1. Provide our products and services to you.
2. Manage our business for our legitimate interests.
3. Comply with legal obligations, if any
You may choose not to share personal data or withdraw consent but doing so may limit the services we are able to provide to you. However, once you choose to withdraw the consent the personal data which has been shared, shall continue to remain with us for as long as the applicable law provides.
We may retain your Personal Data for a period of time consistent with the purpose of collection. We determine the appropriate retention period for Personal Data on the basis of the amount, nature, and sensitivity of your Personal Data, the potential risk of harm from unauthorized use or disclosure, and whether we can achieve the purposes of the processing through other means, as well as the applicable legal requirements (such as applicable statutes of limitation). If there is any information that we are unable, for technical reasons, to delete entirely from our systems post appropriate retention period, we will put in place appropriate measures to prevent any further use of the data.
K. CHANGES TO YOUR PERSONAL INFORMATION
If your personal Information provided when you applied for a product on platform, changes, you may update it whenever you apply for a new product. To review and update your personal information to ensure it is accurate while your application is in process
We will retain your information for as long as your account is active or as needed to provide you services or as may be required for internal analysis purpose or as may be required by law, whichever is later. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at email provided in contact us section of website. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
L. ADDITIONAL INFORMATION FOR INDIVIDUALS IN THE EU AND/OR UK
Processor, GDPR, and UK Representatives: MyAppGurus is a data processor for the personal information described in this policy. This application processes such personal information on the behalf of the Store Owner / Manager, which is the Data Controller that determines the purposes and means of processing the data. If we transfer your information from within the EU to the United States or other countries, which are not recognized by the European Commission as having adequate protection for the personal data, we will endeavor to do so under the standard data protection terms with adequate safeguards determined by the EU Commission and UK Information Commissioner’s Office.
CALIFORNIA
If you are an individual residing in California, we provide you with the following information pursuant to the California Privacy Rights Act (CPRA). We do not sell or share your personal information for cross behavioral advertising and have not done so. We are “Service Providers” acting on the behalf of the Store Owner/Manager, who is a “Business” under the CPRA. If you would like to exercise any of your CPRA Rights, please note that we are merely a Service Provider that follows the instructions of the Store Owners. You should submit the request directly to the Store Owner, not us.
M. LOG FILES
As is true of most web sites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, or site functionality
N. TRACKING TECHNOLOGIES / COOKIES
Cookies are small pieces of information sent to you by our website server. We use cookies to enhance our website user experience and to add extra functionalities to our website. If you don’t want us to save your information, you can disable or decline cookies in your browser.
If enabled, we may place cookies on your machine that store small amounts of data on your computer about your visit to any of the pages of this Website. Cookies are small electronic files that collect information when someone visits a website. They can identify the pages that are being viewed and this can assist us in tracking which of our features appeal the most to you and what content you may have viewed on past visits. Some cookies only exist whilst viewers are online, but 'persistent' cookies are not session-based and remain on the viewer's computer. When you visit this site again, 'persistent' cookies can enable us to customize our content according to your preferences.
Technologies such as: cookies, beacons, tags and scripts are used by Company and our partner entities, affiliates, or analytics or service providers such as google Ad sense, google analytics etc. These technologies are used in analyzing trends, administering the site, tracking users' movements around the site and to gather demographic information about our user base as a whole.
We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
We use cookies for and on our platform in order to personalize our service for you. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to the Website.
O. TESTIMONIALS, BLOGS, AND OTHER FORUMS ON THIS WEBSITE
With this consent of yours, we may post your testimonial along with your name. If you want your testimonial removed, please contact us at email mentioned in contact us on website.
If you use a blog or other public forum on our Site, any information you submit there can be read, collected, or used by other users and could be used to send you unsolicited messages. We are not responsible for the personal information you choose to submit in these forums. These forums may be hosted by the Company by one of our third-party service providers on the Company's behalf. To request removal of your personal information from our blog or community forum, contact us on the email mentioned in contact us segment of website. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
P. BEHAVIORAL TARGETING / RE-TARGETING
We may partner with a third party to either display advertising on our platform or to manage our advertising on other sites. Our third-party partner may use technologies such as cookies to gather information about your activities on this site and other sites in order to provide you advertising based upon your browsing activities and interests. There are a number of products and services that may be offered by third parties on our Site, (collectively, "Offers"). If you choose to apply for these separate products or services, disclose information to the providers, or grant them permission to collect information about you, then their use of your information is governed by their privacy policies and they will be acting as data controllers of your information. You should evaluate the practices of these external services providers and should view their privacy policies or contact them directly for further information before deciding to use their services. The Company is not responsible for their privacy practices.
Q. SINGLE SIGN-ON
In future, there may be options wherein you can log in to our site using sign-in services such as Facebook, Google or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your sign-in information, name and email address to link between the sites.
R. LIKE / SHARE BUTTON
If you use the "Like" / “Share” button to share something, that item will appear on your Social Media profile page and also on your friends' newsfeed, depending on your social media’s privacy settings. You may also receive updates in your social media account’s newsfeed from this site or item in the future. Such social media companies also collect information such as which pages you have visited on this and other sites that have implemented the "Like" button.
S. LINKS TO THIRD PARTY SITES
Our Site includes links to other Web sites whose privacy practices may differ from those of the company. If you submit personal information to any of those sites, your information is governed by their privacy policies and they will be acting as data controllers of your information. We encourage you to carefully read the privacy policy of any Web site you visit.
T. OPTING OUT
We provide our registered customers with periodic emailers and email/SMS alerts. We also allow users to unsubscribe to email newsletters and from time to time may transmit emails promoting the company or third-party goods or services. The company's subscribers may opt-out of receiving our promotional emails and terminate their newsletter subscriptions by following the instructions in the emails. Opting out in this manner will not end transmission of service-related emails/SMS, such as email/SMS alerts.
U. YOUR RESPONSIBILITY
You shall not disclose to any other person, in any manner whatsoever, any information relating to the Company of a confidential nature obtained in the course of availing the services through the website of the Company. Failure to comply with this obligation shall be deemed a serious breach of the terms herein and shall entitle the Company to any damages, to which you may be entitled otherwise.
If you have any complaints, security related concern, please contact nodal officer at the email mentioned on contact us segment on our website. We will work closely with you to ensure going a rapid and personal response to your concerns.
You are responsible for maintaining the confidentiality of your login id and password. You are responsible for maintaining the security of your Login ID and Password and may not provide these credentials to any third party. If you believe that they have been stolen or been made known to others, you must contact us immediately at details mentioned in contact us segment of website. We are not responsible if someone else accesses your account through Registration Information they have obtained from you or through a violation by you of this Privacy and Security Policy or the Company’s Terms & Conditions.
V. CHANGES TO THE POLICY
We may update this Privacy Policy to reflect changes to our information practices. We encourage you to periodically review this page for the latest information on our privacy practices.
W. CONTACT US WITH QUESTIONS OR CONCERNS
If you have questions, comments, concerns or feedback regarding this Privacy and Security Policy or any other privacy or security concern, send an e-mail to Nodal Officer, as per details mentioned in contact us segment of our website. You may also contact us at support@myappgurus.com or through our online contact form at our website myappgurus.com.
This Policy shall be governed by and construed in accordance with the laws of the Republic of India and the courts at Ahmedabad, Gujarat, India shall have sole and exclusive jurisdiction in relation to any disputes arising out of or in connection with this Policy.
X. IPR OWNERSHIP
You shall not copy, modify, transmit, distribute / re-distribute, reverse engineer etc., but not limited to, or in any way exploit the Products or any other copyrighted materials and content provided other than for your individual training. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute or in any way exploit the Products or any other copyrighted materials, trademark/ registered mark, the designs, innovations, business ideas etc., which together shall be known as IPR and the ownership of the same belongs to the company. Any infringement, theft etc., of the IPR of the company shall result in criminal proceedings against you at your risk, cost and consequences.
You will not (and will not allow any third party to) attempt to copy, record or reverse engineer any Videos or Documentation supplied by Company or stored on the website (or related) websites, outside the application in any manner.
Y. CHILDREN’S PRIVACY
Our Services do not address anyone under the age of 18. We do not knowingly collect personal identifiable information from children under 18. In the case we discover that a child under 18 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions. Users below 18 years of age are advised to use this platform/ Services under guardian ship of their parent/s and/or legal guardian.
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