WalkTalk Radio Entertainment Private Limited (“Us”, “We”, “Company” or “Our”) owns, operates and manages a website under the name and style of [●] and a mobile application under the name and style of “[●]” (“Platform”). The Company provides various services and facilities, including, (i) streaming musical works, podcasts and other content including, any information, text, graphics, audio, videos, pictures, or any other materials pertaining to inspirational and motivational content, relatable experiences, advertisements etc., appearing, uploaded, transmitted or otherwise made available via the Platform (“Content”) and/or provided by the third party content providers; and (ii) facilitating the third party advertisers to advertise their goods/products and/or services on the Platform (collectively referred to as “Services”).
- The type of information collected from the Users, including Personal Information (as defined below) and Sensitive Personal Data or Information (as defined below) relating to an individual;
- The purpose, means and modes of collection, usage, processing, retention and destruction of such information; and
- How and to whom We will disclose such information.
“Personal Information” is defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI rules”) and means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person. The SPI rules further defines “Sensitive Personal Data or Information” of a person to mean personal information about that person relating but not limited to: (i) passwords; (ii) financial information such as bank accounts, credit and debit card details or other payment instrument details; (iii) information received by body corporate under lawful contract or otherwise; (iv) details provided at the time of registration or thereafter; and (v) call data records (if any). Please note that the information collected by Us from You may constitute ‘personal information’ or ‘sensitive personal data or information’ under the SPI Rules.
In order to have access to all the features, benefits or Services on Our Platform, a User must first create an account on Our Platform. To create an account and avail all the features, benefits or Services on Our Platform, a User is required to provide the following information, which such User recognizes and expressly acknowledges is personal information allowing others, including Us, to identify the User: name, User name, email address, gender, age group, phone number, and password chosen by the User and such other personal information as required by the Company for the creation of an User account. [Burgeon1] Other information requested on the account registration page, including the ability to receive promotional offers from Us. We may, in future, include other optional requests for information from the User to help Us to customize the Platform to deliver personalized information to the User.
The information contained on this Platform and the personal information collected by using/ logging in and or accessing this Platform are stored at a secured server. It is stated by the server service provider that they have all the best security practices required for the server. The Platform is owned by Us and is located in India. Hence, We are bound by duty to abide by the laws, including but not limited to, regulations, rules, circulars and notifications governing privacy in India.
|PROCESSING OF PERSONAL DATA|
We may process your personal data for, including without limitation, the following purposes:
- Providing Our Services: We collect the content, communications and other information you provide when you use our Services, including when you enter our Platform, sign up for an account, access content uploaded or shared by third party content providers and/or communicate with us or any third party(ies) including third party advertisers. This can include information in or about the content that you provide, such as the account registration details, profile picture, User name, email, phone number, age group, gender, location, etc. It can also include the use of different features that we provide on the Platform, such as (i) listening to the radio, (ii) listening to the various artists and their musical works and podcasts including live streaming of interviews, (iii) participation in the online survey or feedback to assess User’s satisfaction either through written content or audio/voice uploads. We might process your personal data and such content uploaded by you to provide Services and facilitate the interaction and transaction of the Users with third party(ies). For example, personal data is processed in order to set up your account, allow You to avail the Services, We process the following personal data: (i) name; (ii) gender; (iii) age group; (iv) email address; (v) contact number; (vi) profile/display picture; (vii) User name; and (viii) such other information as required by Us from time to time to provide the Services.
The personal data collected is processed for purposes such as: (i) facilitating assistance with regards to our Services; (ii) delivering relevant content and tailored advertisements; (iii) tracking your activities on the Platform such as streaming history, playlists you create, your library, browsing history and account settings to suggest/ provide similar content to you on the Platform including tailored advertisements; (iv) providing trial plans to the Users; (v) customer support and feedback services; (vi) providing personalized marketing and Platform content based on the User preference; (vii) meeting legal or contractual obligations, etc.
Customer service: We need to process personal data to ensure the overall quality of the Services availed by a User on the Platform. We will only collect your personal data if we have a valid reason for doing so, for example, to comply with our legal and regulatory obligations; for facilitating assistance in relation to the Services; for the performance of our contract with you or to take steps at your request before entering into a contract; for our legitimate interests or those of a third party; or where you have given consent. A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person. Our primary goal in collecting your personal data and other personal information is to provide you a safe, efficient, smooth and customized experience. We also use your personal identifiable information together with other personally non-identifiable information to help us better know our Users and to improve the content, Services and functionality of the Platform. The information we learn from you will help us personalize and continually improve your experience at our Platform. We do not voluntarily make this information available to third parties, nor do we use it for any other purpose, except as set out herein.
We may also use your personal information or ask you to share certain details related to your account to verify any of your requests to know, delete, or correct such information. In case you do not have an account with us, we will not have enough information about you to verify your identity and respond to your requests, as we do not keep with us sufficient information necessary to re-identify and link you to a prior visit to the Platform to access the Services where data may have been collected.
Marketing: We process Users’ data for marketing purposes. This means that We can contact Users to draw attention to Our services. For this purpose, We process the following personal data: (i) website behaviour; (ii) IP address; (iii) email address; (iv) phone number; (v) account information and (vi) such other information as may be required by the Company for providing the Services from time to time.
In addition to the above, We may also use Your personal data for several reasons, including but not limited to; (i) keep You informed of the transaction status; (ii) send You communication in relation to availing of the Services via SMS or any other messaging service; (iii) allow Our customer service to contact You, if necessary; (v) request You for reviews of the Services; (vi) send You verification message(s) or email(s); (vii) validate/authenticate Your account and to prevent any misuse or abuse; (viii) send You important notices and communications regarding Our Services availed or changes to the terms and conditions and/or policies; (ix) to send You marketing related communications; (x) to deal with enquiries and complaints raised by You and to troubleshoot problems; (xi) ensure compliance with all applicable laws and to ensure safety of the Platform and all Users; (xii) to prevent fraud, errors and/or any illegal activity on the Platform.
It may be necessary for Us to disclose Your personal data whether by law, legal process and/or by request from public and/or governmental authorities within or outside of your country of residence. We may also disclose Your personal information if We determine that disclosure is necessary or appropriate for the purposes of law enforcement, national security or to prevent or stop any activity We may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.
The Platform provides for some features which are freely accessible by all Users and visitors and require no prior registration. Further, the entire features including ad-free content and downloading such ad-free content as available on the Platform are accessible only upon opting of the package(s) available and full payment by Users after entering their details, username and password. Therefore, We request You to use a safe and secure server to access the Platform to ensure the safety of Your username, password and other information. We do not guarantee the security and/or privacy of any information, which may be available to all Users and visitors of the Platform publicly.
We automatically receive the URL of the site from which anyone visits. We also receive the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer operating system and type of web browser the User is using, email patterns, as well as the name of +User’s ISP. This information is used to analyze overall trends to help Us improve Our Services. The linkage between User’s IP address and User’s personally identifiable information is not shared with or disclosed to third parties. Notwithstanding the above, We may share and/or disclose some of the aggregate findings (not the specific data) in anonymized form (i.e., non-personally identifiable) with advertisers, sponsors, investors, strategic partners, and other such third party(ies).
You agree that in addition to as may be provided in this policy, We may also disclose Your personal information under the following circumstances:
Third party service providers: We engage, retain or might, as per requirement and business needs of the Company, employ, engage, contract with, third party content providers, third party advertisers, payment facilitators, IT support, independent contractors, and such other third party service professionals/providers to work on behalf of or with Us, under agreements containing confidentiality obligations and in accordance with law, in relation to the services provided by Us on the Platform. These third party service providers may use Your personal information in assisting Us to communicate with You about Our offers, feedback of Services, assisting in payment facilities, providing customer support, assisting in advertising on the Platform, providing content etc. We may employ third party companies and/or individuals to help improve or facilitate our service, to provide the Service on our behalf, to perform platform-related services, including but not limited to: payment processing, maintenance services, fraud detection services, database management, web analytics, monitoring, and evaluation services. In this event, your information may be shared with such third party companies and/or individuals. Further, We do not authorize such third party service providers to use or disclose your personal information except in connection with providing their services. In case, any third party service provider(s) asks or requests for any personal data through the Platform or any other third party link/ website, the Company shall not be responsible for such collection of personal data or information.
Compliance with laws and protection of Users: We may release your personal information when the same is required in order to comply with the law, in response to court orders, court summons, judgments, decrees, injunctions, arbitral awards, administrative orders, governmental investigation or orders of any government authority or any other legal process, to establish/exercise Our legal rights or defend against legal claims or in the event We reasonably believe that doing so is legally required or is in your interest to protect Your property or other legal rights or property or rights of others. We may also share your personal information in order to enforce and fully comply with Our terms of service and other Company policies;
With Your consent: In addition to the aforementioned circumstances, We may share Your personal information with third parties with Your prior consent and/or at Your request.
|COLLECTION AND USE OF NON-PERSONAL DATA|
Non-personal data is data that can never be used to identify an individual. We may collect information regarding User activities on Our Platform. This aggregated information shall be used by Us in research, analysis, to improve and monitor Our services and for various promotional schemes. Such non-personal data may be shared in aggregated, non-personal form with third party to enhance customer experience, offerings or services.
The data that cookies collect will be used to process and/or analyse information by third parties to help improve or facilitate Our services, to provide Service on Our behalf, to Platform-related services, including but not limited to; maintenance services; fraud detection services; database management; web analytics; monitoring; and evaluation services. If you have any questions about Our cookie usage, please contact Us at the contact details/information mentioned below.
|YOUR RIGHTS AND HOW TO EXERCISE THEM|
|LIMITATION OF LIABILITY|
We do not control or endorse the content, messages or information placed on the Platform by any User or third party and, therefore, We specifically disclaim any liability with regard to such information and Your participation/ engagement with such third party service providers and services offered by them and You agree that you waive any claims against Us relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against Us relating to the same.
You are responsible for maintaining the accuracy, truthfulness, correctness and completeness of the information You submit or provide to Us, on the Platform; and shall hold harmless and indemnify the Company from and against all claims arising out of or in relation to the wrongful information posted, provided by You to Us, on the Platform.
If Your personal information changes, You may correct, delete inaccuracies, or amend information by contacting Us on [●]. If you wish to cancel your account or request that We no longer use your information to provide you Services, contact us on [●].
We understand the serious implications of data security and take extensive measures to ensure Your data and information is secured. We take extensive technical, and legal measures to safeguard Your personal data. The Platform uses a reliable SSL certificate to ensure Your personal data is not misused in any manner whatsoever. We use SSL encryption when transmitting certain kinds of information, such as financial services information or payment information.
Our employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every User’s personal information or sensitive personal data and information. We have put in place procedures and technologies as per good industry practices and in accordance with the applicable laws, to maintain security of all personal data from the point of collection to the point of destruction.
No administrator of the Platform will have knowledge of Your password. It is important for You to protect against unauthorized access to Your password, Your computer and Your mobile phone. Ensure You log off from the Platform when finished. We do not undertake any liability for any unauthorized use of Your account and password. If You suspect any unauthorized use of Your account, you must immediately notify Us by sending an email to [●]. You shall be liable to indemnify Us due to any loss suffered by Us due to such unauthorized use of Your account and password. Please note that We make all User information accessible to Our employees, agents or partners and third parties only on a need-to-know basis. However, We are not responsible for the confidentiality, security or distribution of Your personal information by Our partners and third parties outside the scope of Our agreement with such partners and third parties.
In case there is any breach of security, We will make all legally required disclosures concerning the breach and the confidentiality, or integrity of Your unencrypted electronically stored “personal data” to You via email or by posting it on Platform without unreasonable delay, in as far as is consistent with any legitimate needs of law enforcement and any measures required to determine the scope of the breach and to safeguard the integrity of data.
Under no circumstances, we rent, trade, transfer or share your personal information that we have collected with any other company for their marketing purposes without your consent. We reserve the right to communicate your personal information to any third party that makes a legally-compliant request for its disclosure.
|APPLICABLE LAWS AND REGULATIONS|
We ensure that your data and information shall be protected under the provisions of General Data Protection Regulation, Information Technology Act, 2000, Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 along with any amendments made to these acts, rules and regulations.
We do not keep your personal data longer than necessary for the purpose of the processing. This includes, for example, the purposes of satisfying any legal, regulatory, accounting, reporting requirements, to carry out legal work, for the establishment or defence of legal claims. We may aggregate and anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case We may use this information indefinitely without further notice to you.
Under certain circumstances, You have rights under applicable data protection laws in relation to Your personal data. It is Our policy to respect Your rights and We will act promptly and in accordance with any applicable law, rule or regulation relating to the processing of Your personal data. Details of Your rights are set out below:
- Right to be informed about how personal data is used – You have a right to be informed about how We will use and share Your personal data. This explanation will be provided to You in a concise, transparent, intelligible and easily accessible format and will be written in clear and plain language;
- Right to access personal data – You have a right to obtain confirmation of whether We are processing Your personal data, access to Your personal data and information regarding how Your personal data is being used by Us;
- Right to have inaccurate personal data rectified – You have a right to have any inaccurate or incomplete personal data rectified. If We have disclosed the relevant personal data to any third parties, We will take reasonable steps to inform those third parties of the rectification where possible;
- Right to have personal data erased in certain circumstances – You have a right to request that certain personal data held by Us is erased. This is also known as the ‘right to be forgotten’. This is not a blanket right to require all personal data to be deleted. We will consider each request carefully in accordance with the requirements of any laws relating to the processing of your personal data;
- Right to restrict processing of personal data in certain circumstances – You have a right to block the processing of your personal data in certain circumstances. This right arises if You are disputing the accuracy of personal data, if You have raised an objection to processing, if processing of personal data is unlawful and You oppose erasure and request restriction instead or if the personal data is no longer required by Us but You require the personal data to be retained to establish, exercise or defend a legal claim;
- Right to data portability – under certain circumstances, You have the right to request to receive a copy of Your personal data in a commonly used electronic format. This right only applies to personal data that You have provided to Us (for example by completing a form or providing information through the Platform). Information about You which has been gathered by monitoring Your behaviour will also be subject to the right to data portability. The right to data portability only applies if the processing is based on Your consent or if the personal data must be processed for the performance of a contract and the processing is carried out by automated means (i.e. electronically);
- Right to object to processing of personal data in certain circumstances (including where personal data is used for marketing purposes) – You have a right to object to processing being carried out by Us if (a) We are processing personal data based on legitimate interests or for the performance of a task in the public interest (including profiling), (b) if We are using personal data for direct marketing purposes, or (c) if information is being processed for scientific or historical research or statistical purposes. You will be informed that You have a right to object at the point of data collection and the right to object will be explicitly brought to Your attention and be presented clearly and separately from any other information; and
- Right not to be subject to automated decisions where the decision produces a legal effect or a similarly significant effect – You have a right not to be subject to a decision which is based on automated processing where the decision will produce a legal effect or a similarly significant effect on You.
You may exercise any of the above-mentioned rights by sending a request to Us on Our contact information as detailed below. You will not have to pay a fee to access Your personal data (or to exercise any of the other rights).
We may need to request specific information from You to help Us confirm Your identity and ensure Your right to access Your personal data (or to exercise any of Your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact You to ask You for further information in relation to Your request to speed up Our response. However, We may refuse requests that are unreasonably repetitive, require excessive and disproportionate technical effort, risk the privacy of other users/ third parties, may compromise an ongoing investigation, or are of impractical nature.
We try to respond to all legitimate requests within [●]. Occasionally it may take Us longer than [●] if Your request is particularly complex or You have made a number of requests. In this case, We will notify You and keep You updated.
|GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION|
|QUESTIONS OR COMPLAINTS|
If you have any question or complaints about the processing of your personal data, write to us at [●]. Our team will be happy to assist you.