1 Introduction 1.1
This Privacy Policy covers information Openhaus Technologies Private Limited ("Company") collects from you (“You” or “User”) from the Exe Linux File created by Openhaus and made available with the concerned developer and/or channel partner (“App”) which is owned and operated by the Company.
(a) This Privacy Policy should be read in conjunction with the Terms of Use (“Terms”) made available on the App. Personal Information of a User(s) is collected if the User(s) registers himself/herself on the App, accesses the App or takes any action on the App. The terms ‘Personal Information’, ‘Sensitive Personal Data’ and ‘Information’ shall have the meaning ascribed to it under the applicable laws in India.
(b) Your use of our Services offered on the App by checking "I Agree" or "Agree "or "I Accept" or "Accept" tabs/ buttons on the App as a part of the registration process or otherwise or by accessing this App, You consent to the Company’s collection, storage, processing and transfer of your Personal Information or Sensitive Personal Data or Information in accordance with this Privacy Policy, agree and undertake to abide, be bound by and adhere to this Privacy Policy and the Terms that are accessible on this App and any other terms which govern the App and if You do not agree to this Privacy Policy, You are not entitled to avail of / use the Services and any use thereafter shall be unauthorized.
1.2 The Company respects your privacy and values the trust you place in us by providing personal information as required, and this Privacy Policy sets out the policies and practices in relation to the collection, use, disclosure and protection of the personal information of the Users of the App.
1.3 All capitalized terms and terms used in the Terms which are also used herein below shall be ascribed the same meaning as set out in the Terms, unless repugnant to the context herein or otherwise have been specifically defined herein.
2 Applicability of Privacy Policy
This Privacy Policy shall be applicable only to the use and disclosure of information on the App. This Privacy Policy does not apply to information collected by or through any other medium, collected offline or by any other person and/or entity other than the App or any other website/app/ API’s which might be present on the App for example, if you click on a APIs for google map displayed on the App, it may direct you to that app, in which case this Privacy Policy shall not be applicable.
3 User Information
3.1 The Company may collect several types of information about its Users. Some of this information may be given voluntarily by the User while availing Services offered on the App and/ or [while registering oneself on the App]; and while some information may be collected automatically when the User is surfing the App. While collecting information directly from the person concerned, the Company or any person on its behalf (whether group companies, lawyers, chartered accountants etc.) will take such steps as are, in the circumstances, reasonable to ensure that the person concerned is having the knowledge of —
(a) the fact that the information is being collected;
(b) the purpose for which the information is being collected;
(c) the intended recipients of the information and
(d) the name and address of —
(i) the agency that is collecting the information; and
(ii) the agency that will retain the information.
3.2 Information provided voluntarily It may be noted that the Company may require you to voluntarily provide information about yourself in the following events:
(a) when you register yourself on the App;
(b) when you fill out a form/ application to avail the Services provided by the Company on the App;
(c) when you communicate with the Company or make a request on the App; via e-mail, phone or SMS;
(d) to evaluate your eligibility for certain types of offers and services;
(e) to perform analytics and conduct customer research, including general market research or surveying our customers' needs and opinions on specific issues, generating sales and traffic patterns, and to analyze advertising effectiveness, both on an anonymous basis (e.g., by aggregating data) or on an individual basis (if legally permissible);
(f) when you choose to provide reviews or ratings, account settings, (including preferences set in the "Account" section of our App), or otherwise provide information to the Company through our service or elsewhere; and
3.3 In any of the aforesaid events, you may be required to provide the following information:
(a) Your name;
(b) Date of birth;
(c) Contact details including postal address, pin code, email address, phone number, residency status;
(d) Personal details such as age, sexual orientation, marital status, occupation, interests if any etc.;
(e) Details of talent, skills;
(f) Work experience; and
(g) Income.
3.4 You may note that it is possible that we may collect personal information about You from other Users of our Services and our business partners such as brokers and/or the real estate developers. However, any such information shall not be considered to be sensitive, if it is freely available in the public domain, or under (Indian) Right to Information Act, 2005 or under any other applicable law for the time being in force.
3.5 The Company may also use the Personal Information or Sensitive Personal Data or Information provided by You for content recommendations, transactional emails or to provide You with information, direct marketing, online and offline advertising and other materials regarding services and other offers from time to time.
3.6 Information retrieved/collected automatically The Company may collect a variety of technical, navigational and other non-personal information about you such as your types of browsers, usage patterns, geo-location of a browser, address of your server from where the App is being accessed,[tabs and pages of the App visited or URLs visited after use or access to the App etc. when you visit the App], through the following:
(a) Cookies: The App may assign a ‘cookie’ to you, encrypting your information, which may be saved on your computer’s hard drive while you visit the App. This will help adjust and track your preferential information every time you visit the App thereafter. You may note that this Privacy Policy includes ‘cookies’ that are placed by the App and does not cover any ‘cookie’ that may be placed by any third-party website/ app. The internet browser may allow you to not store any cookies on your computer; however you may note that, in such an event your navigation through the App or access to certain features/ services of the App may be restricted.
(b) Beacons/Bugs: A beacon is a picture file used to keep track of your navigation through a single website or a series of websites. The Company may use such web beacons to study and analyze the usage of the App.(c) Usage Details: The App may also collect details regarding your visits to and navigation through the App such as your location data, geo-locations other resources that you access etc.
4 Eligibility, use and information
4.1 You are eligible to register and avail the Services provided on the App only if you are an Eligible Person.
5 Consent given by User.
You hereby expressly grant your consent to the Company through the App to collect, possess, receive, upload, store, deal with, handle and/or use, share, disclose and transfer the Personal Information and/or Sensitive Personal Data or Information to such persons and for such lawful purposes as contained in this Privacy Policy. Further, you also hereby grant your consent to enable the App and/or its independent service providers to collect non-personal data by placing cookies, etc. Once the personal information and/or sensitive personal data are collected, the Company shall have the right to use the same for the purposes for which the same were collected.
6 Purposes for collection and usage of information
6.1 Our primary purposes in collecting information including Personal Information or Sensitive Personal Data or Information from You is to allow You to use the App and various features on or in relation to the App for the Services provided by the Company, its affiliates, its service providers, its business partners, the developer or advertisers; to record Your information and details as permitted and required under applicable laws, statutory direction or judiciary orders; to serve various promotion materials and advertising materials to You; and such other uses as provided in the Terms and this Privacy Policy.
6.2 Personal and non-personal information collected by us, will be used by the Company in handling general enquiries concerning its services and products, in providing better User interface, making your visit to the App more User-friendly and without limiting the foregoing, for the following purposes:
(a) Registering of your account with the App;
(b) enabling the access of the App and use of the Services available to Users;
(c) addressing questions, doubts, queries raised, clarifications and information sought and for addressing technical issues which arise on the App;
(d) designing or identifying services, data, information or related products for Users;
(e) marketing (including direct marketing) of products/services, send information, materials and offers from the Company;
(f) meeting the requirements to make disclosure under any law binding on the App, the Company, its directors, associates or employees, under and for the purposes of complying with any directions or guidelines issued by regulatory or other authorities with which the App or the Company or any associated entity is expected to comply;
(g) in connection with any exchange of information and verification and authentication of the information that may be provided by the User, to evaluate the eligibility of the User or minor (as the case may be) for certain types of offers, products and services that may be of interest to you and analyze advertising effectiveness.
(h) to send you alerts, notices, letters, response to request and other customer support queries and/or any other communication which may be relevant and vital to the usage of the App by you;
(i) to enable the Company as well as third parties to provide itself or procure from third parties customized information, services, offers and advertisements etc;
(j) to third party contractors that provide services to the App;
(k) to internally analyze the performance of the App, Company’s internal technical systems and data;
(l) to gather demographic data to research, analyze and understand trends and behavioral patterns, to measure and understand the effectiveness of any of the aspects of the Services provided by the Company on the App, to troubleshoot any problems, track your movement, gather broad demographic information for aggregate use and to comply with the applicable law;
(m) to sell sample data to consulting firms or any third party assisting the Company make inferences and analysis;
(n) to alert you about potential software compatibility issues and/or for improvement of the App;(o) to monitor and administer daily operations and functions of the App; (p) to enforce the “Terms” of this App;
(q) for all other purposes as may be disclosed when you provide personally identifiable information/sensitive personal data;
(r) all other incidental and associated purposes relating to the above and any other purpose which a User may from time to time agree;
(s) to determine your general geographic location, provide localized content, provide you with customized and personalized viewing recommendations of the projects which the Company thinks will be of interest to You;
(t) to prevent, detect and investigate potentially prohibited or illegal activities, including fraud, and enforcing our terms (such as determining free trial eligibility); and
(u) to analyze and understand our Users, improve our service (including our user interface experiences) and optimize content selection, recommendation algorithms and delivery.
7 Disclosure of Personal Information
7.1 The Company may disclose/ transfer and/or exchange your personal information including your personal data to and/ or with all such persons and/or entities, as may be required for the aforesaid lawful purposes, including but not limited to:
(a) The concerned developer through whom the User has been given access to use the App;
(b) any of its directors, associates or employees, or any of its affiliates;
(c) any agent, contractor or third party service provider who provides administrative, advertising and marketing agencies, telecommunications, computer, financial intermediary or other services to the Company in connection with the App or the operation of the Company’s business and Services through the App;
(d) any other person under a duty of confidentiality, including any member which has undertaken to keep such information confidential;
(e) any actual or proposed assignee of the Company or participant or sub-participant or transferee of the Company’s rights in respect of the information of the User;
(f) to any third party when you choose to avail certain Services/ facilities offered on the App. In such an event, the Company does not take any responsibility for any misuse or unwarranted disclosure of such information that may be made to such third party;
(g) any person to whom the Company is under an obligation to make disclosure under and for the purposes of any guidelines issued by regulatory or other authorities;
(h) as may be required by law or court order or administrative/ government agency or in a situation of national emergency or when the Company believes that an information disclosure is required to protect the Company’s rights or those of the Company’s/ App’s Users or any other aspect of the App and to comply with the legal process without any restrictions;
(i) in any event where the Company has reason to believe that you are in violation of any applicable law, rule or regulation, or interfering with the rights of any other person;
(j) to any potential investor or purchaser of any interest in the Company or App or any associated entity or in its business in connection with any potential re-organization, merger or disposal; and(k) any lawyer or other professionals for the preparation of any document or professional advice regarding the above.7.2 The Company also stores the Information (including Sensitive Personal Data) on AWS, the Information is collected and stored on AWS in the following manner [Comment: Openhaus to insert the prcocess]
7.3 The Company will endeavor to ensure that the third party receiving any personal information does not disclose it further and shall observe the same level of data protection as is ensured by the Company in respect of the App and in consonance with this Privacy Policy.
7.4 Notwithstanding anything contained elsewhere, any Personal Information including Sensitive Data may be disclosed by the Company to any third party by an order/ direction under the law for the time being in force, without any consent or other obligation. For instance, Personal Information may be released to an officer making the request if he provides a warrant or a court order requiring such disclosure.
7.5 Where a government agency makes a request to obtain information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences, the Company may share the personal information without obtaining any prior consent of the User. The Company will be utilising the services of third party service providers such as technical service providers to create and support the App, third party advertising company etc. The Company may publish or share your non-personal information in order to promote the App with the Company’s affiliates, various third parties and Company’s service providers without your consent. You are informed that the Company’s third party service providers may utilise information relating to your usage of the App in order to provide customised services, offers and advertisements to you.
8 Verification of Information
In the event that you choose to avail any service or facility that may be offered through the App or put in a request or query with respect to the same, you shall have to register yourself with us and/ or provide personal information about yourself. You may note that the Company may (through the concerned developer/ its agents/ service providers) contact You either through e-mail, fax, telephone or personal visits for verification/ confirmation of the same.
9 Option to withhold / withdraw
Prior to collection of the Personal Information (including Sensitive Personal Data), the App may give you an option to withhold the data/ information sought. Further, you may withdraw the consent given to the Company on the App, by communicating to the Company in writing. However, such withholding of information or withdrawal of consent may result in the Company being unable to provide the Services and facilities and the Company reserves its right to take appropriate action with respect to any obligations or in relation to any contract under which such Personal Information was sought. It being clarified that such withdrawal of consent shall not affect the permission granted prior to such withdrawal and hence the Company shall not be liable for sharing personal information (as stated herein) in any manner whatsoever.
10 Accuracy of and Access to Personal Information
10.1 The Company will not be responsible for the accuracy or authenticity of the Personal Information (including Sensitive Personal Data), if any that is provided by you. It is the responsibility of the User to notify the Company through the App of any changes to their Personal Information. To attain this end, the User may request the App for reasonable access to, and correction of, their Personal Information collected by the App by emailing their request/clarification at [info@openhaus.in.]. The Company makes good efforts to provide its Users with reasonable access to their respective Personal Information and shall ensure that any Personal Information found to be inaccurate and brought to the notice of the Company by the User is rectified or amended as feasible. The Company may however before processing such requests, ask the User to identify themselves and the information /data requested to be modified by them in order to avoid repetitive and/or illegitimate requests. The Company shall not be responsible for any delay in updating such information.
10.2 In the event a User requests the Company to delete his/her Personal Information and/or his account, the Company shall ensure that such Personal Information/ user account is deleted within reasonable time period of receiving such a request. The Company may however before processing such requests, ask the User to identify themselves and the information /data requested to be deleted by them in order to avoid any illegitimate/bogus requests. Once the Personal Information/ user account is deleted, all data in respect thereof shall cease to be accessible to the User, and the Company may thereafter send an email to such User apprising him/her of such deletion. The User may contact the Company by emailing their request on info@openhaus.in.
10.3 It is clarified that, after the deletion of the Personal Information/ User account, the Company shall maintain records of the same for a period of 90 (ninety) days after which the same shall be deleted therefrom. It is clarified that even though the Company may maintain records of deleted data for 90 (ninety) days, once the Personal Information/ user account of a particular User has been deleted upon his/her request, the same shall not be retrievable by the User in any manner whatsoever and at any time thereafter.
10.4 The Company may, however, withhold or may not be able to provide information to you for valid reasons including if it:
(a) contains references to another User(s);
(b) is subject to legal/ contractual privilege or cannot be disclosed for other legal reasons;
(c) contains confidential commercial/ business information of the Company or other Users of the App;
(d) is not maintained by the Company;
(e) was created in the course of a dispute resolution process;
(f) could threaten the life or security of another individual/ entity;
(g) was disclosed under a court order or was disclosed to a government institution as part of an investigation.
11 Links to Third Party websites/ apps/ API’s
11.1 The App may display links of third party websites/ apps/ API’s such as Google maps and any other websites/ apps etc. with an option of sharing information on such other websites/ apps. You may note that such links to third party websites/ apps are not an endorsement of such third parties, their websites/apps and/or their services. We do not take any responsibility for their privacy policy, terms of use, content, services provided by such third party websites/ apps. They may place independent cookies on your computer or independently contact you, for which the Company or App shall not be held responsible or liable in any manner whatsoever. We encourage you to read individual terms of use and privacy policy or such similar terms, as the case maybe, of each of these websites/ apps/ API’s before using them and/or disclosing your personal information.
12 Publication
The dealing, handling and/ or using of any Personal Information (including that of Sensitive Personal Data) for any lawful purpose by the App, including for the purposes and in the manner outlined above shall not constitute ‘publication’, in any manner whatsoever. You hereby consent that the Company can upload on the App testimonials, responses and comments that you may write.
13 Reasonable Security Practices & Procedures & Data Security
13.1 The Company takes appropriate security measures to protect against unauthorized use, access, alteration and destruction of data; however, the Company does not guarantee that the information provided by You to the App shall not be intercepted while being transferred over the internet. Access to all Users is password protected and th
13.2 You are responsible for maintaining the confidentiality of your login ID and password and shall not reveal the same to any third party. In the event you believe that your User information has been stolen or compromised, you must contact us immediately at info@openhaus.in . We shall endeavor to block your account or provide restricted access upon being informed of such an event in order to protect your identity and information. However, we shall not be responsible for any unauthorized use/access to your account or disclosure of any personal information by virtue of such an event.
13.3 The Company understands the importance of data security and the Company wants the User experience with the Company to be as safe as possible. The Company has implemented reasonable safeguards and precautions to protect Your Personal Information or Sensitive Personal Data or Information, including technical and organizational measures against unauthorized access, improper use, alteration, unlawful or accidental destruction, and accidental loss, both in an online and offline context.13.4 The Company has adopted reasonable and best security practices and procedures and the Company maintains technical and organizational security measures and procedures to protect the security of Your Personal Information or Sensitive Personal Data or Information, which are consistent with measures used by other similar websites/ apps.
13.5 Please understand that, while the Company strives to protect Your Personal Information or Sensitive Personal Data or Information against potential risks and exposures, there is no absolute security in the online sphere. Hence, the Company asks you to support our IT security efforts by not disclosing any of Your Personal Information or Sensitive Personal Data or Information data on the App that is particularly sensitive or not required in the specific context. Furthermore, You can help the Company in protecting your personal data by signing off when You finish using login-protected areas of the App.
14 Operation of this App
This App may be operated through the concerned developer and/or channel partners at their sites/ offices, as mutually agreed, from anywhere in India. In the event you are located in any place other than in India, you shall ensure that you comply with the applicable laws in India as well as the local laws or regulations of the territory from which you access the App or the facilities and services provided by the App.
15 Amendments/ Changes to Privacy Policy
15.1 This Privacy Policy may be revised from time to time at the sole discretion of the Company without any advance intimation to you. Your continued use of the App following such revision or modification shall constitute your acceptance of the revised Privacy Policy. We encourage you to periodically review this page for the latest information on our privacy practices and keep yourself informed about the updated Privacy Policies.
16 Complaints
In the event that you are unhappy and or have a grievance with respect to (i) any service/ product or facility that is provided on the App; and (ii) any other activity that may take place on the App, or if you have any questions, comments, concerns or feedback regarding this Privacy Policy and/or this App, you may bring the same to the notice of our Grievance Officer, whose details are given below and/or lodge a complaint with us. We shall ensure that we take all the necessary steps to address your questions, comments, concerns to the best of our abilities.
Name: Mr. Prathit Kedia
Address: [OPHS address]
Email address: info@openhaus.in
Contact number: +91983321237117
Contact us for general queries and communication you may also contact us at the same address mentioned in Clause 16 above.
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