1. Introduction
These Privacy Terms ("Privacy Terms") describe our ("Zoop"/"we"/"us")
policies and procedures on the collection, use and disclosure of the
information provided by the sellers and the buyers/users/visitors
(together referred to as the ("Users"/"you"/"your") of the Zoop
application ("App"). Every User who accesses or uses the App and any
other related software and/or services with the characteristics and
features as described or available on the App (referred to
collectively as the "Services"), agrees to be bound by the terms of
these Privacy Terms.
These Privacy Terms and the terms and conditions hereunder represent a
binding contract between Users and Zoop with regard to the App and in
particular, the Services. Therefore, Users should read these Privacy
Terms carefully and, in their entirety, before starting to use the App
and/or any Services. Users indicate, at their option, their acceptance
of and agreement to these Privacy Terms and the terms, policies,
procedures, and conditions hereunder, by clicking or tapping on a
button indicating their acceptance of these Privacy Terms, or by
registering on the App and/or the Services or using them as a seller
or a buyer/user.
2. Synopsis of Privacy Terms
We appreciate that you are trusting us with information that is
important to you, and we want to be transparent about how we use it.
This is why through these Privacy Terms, we will inform you about:
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how and why we collect, store, share and use your personal data
through the various capacities in which you interact with us; and
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the rights that you have to determine the parameters of this
interaction.
While we would strongly advise you to read the Privacy Terms in full,
the following summary will give you a snapshot of the salient points
covered herein:
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These Privacy Terms govern the critical aspects of handling your
personal data relationship with the App;
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Your personal data relationship with Zoop varies based on the
capacity in which you interact with us/avail of our Services.
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You own your data and control our usage of your data. We will not
sell your data to third-parties.
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These Privacy Terms will clarify the rights available to you
vis-à-vis the personal data you share with us.
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Where we obtain your consent, you may withdraw such consent at any
time.
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We will not process your information in a way that is incompatible
with or outside of the purpose(s) for which it has been collected or
subsequently authorized by you. For any new purpose, we will always
ask you for your separate consent.
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We keep your information only as long as necessary to provide you
with our Services or as may be required under any applicable law.
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These Privacy Terms are a part of and should be read in conjunction
with our Terms of Service.
3. What Information Do We Collect and For What Purpose?
DATA WE MAY COLLECT (User Information)
We collect the following Personal Information and/or Sensitive
Personal Data or Information relating to the Users, which is necessary
for the operation of the App and Services ("User Information"):
- name;
- gender;
- age;
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contact information including location, email address, billing and
shipping address and mobile number;
- password chosen by the User;
- IP Address;
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financial information such as bank accounts, credit and debit card
details or other payment instrument details; and/or
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How you behave on the App, (what features you land on, how much time
you spend, etc.)
- Your IP Address;
- Your location;
- How you behave on the App, (how much time you spend, etc.);
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What device you use to access the App and its details (model,
operating system, etc.);
- Cookies and web beacon data; and/or
- any other information as the User may provide.
Upon receiving specific consent from a User, Zoop may share the data,
which Zoop collects from cookies, with our advertisement partners to
track User visits, establish a Users’ non-personal identity and
present such Users with targeted advertisements about our Services.
The App and other third parties, may use cookies, pixel tags, web
beacons, mobile device IDs, "flash cookies" and similar files or
technologies to collect and store information with respect to your use
of the Services and third-party websites.
HOW AND WHY WE USE IT ("PURPOSE")
We collect this data in order to help you register for and facilitate
provision of our Services.
Such User Information is collected and processed for lawful reasons by
Zoop, including but not limited to:
- For personal identification of Users;
- to provide, maintain and improve our Services;
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to provide our Services effectively to users and sellers, including
data analysis, delivery, provision of logistics and advertisements;
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to carry out our obligations arising from any contracts entered into
between you and us and to provide you with the relevant information
and Services;
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customizing the content of the App and the Services to meet specific
needs of the User;
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providing to Users all of the features and functionality of the App
and the Services;
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tracking and analysing User preferences and trends in order to
improve the quality and design of the App and Services, and to
create new features, promotions, functionality, and services;
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monitoring the effectiveness of marketing campaigns, and monitor
aggregate usage metrics;
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remembering information so that Users will not have to re-enter it
during their visit or the next time they visit the App and/or
Services;
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for making improvements to the App, including by monitoring the use
and behavior of its components so its performance, operation,
maintenance and troubleshooting can be improved;
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We also use this data to provide support to law enforcement agencies
or in connection with an investigation on matters related to public
safety, as permitted by law or anti-fraud activities/systems.
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We use this data to communicate about existing or new offers,
content, advertisements, surveys, key policies or other
administrative information
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for any business purpose, including without limitation,
commercialisation, monetisation, promotional, marketing, and
training purposes, including providing or processing such User
Information for data analytics.
WHAT DOES PERSONAL INFORMATION MEAN?
"Personal Information" means any information
that relates to a natural person, such as Users, and is capable of identifying
such person. Further, for the Purpose of these Privacy Terms,
WHAT DOES SENSITIVE PERSONAL DATA MEAN?
"Sensitive Personal Data or Information" of a person to mean Personal Information about that person relating to,
including without limitation:
- Passwords
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Lifestyle, food preferences, medical conditions and family medical
history, health goals or other fitness regimes
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Readings of vital signs, including without limitation, heart rate,
blood pressure, blood sugar, breathing rate, height, weight
- Biometric data
- Ethnicity, genetics, health, or sexual orientation
- IP Address
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Location unless location services are deactivated in the relevant
section of the App
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Financial information such as bank accounts, credit and debit card
details or other payment instrument details
4. How Will We Process User Information?
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All User Information is maintained by Zoop in electronic form on
online servers/cloud systems and shall be accessible by certain
personnel on behalf of Zoop as mentioned below. The User Information
may also be converted to physical form from time-to-time. Regardless
of the manner of storage, Zoop will keep all User Information
confidential, and will only disclose User Information to the persons
mentioned below:
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its, or its Subsidiaries’ and Affiliates’ employees, directors,
representatives, or partners, on a need-to-know basis. All such
personnel who have access to, and are associated with the
processing of User Information, are obliged to respect the
confidentiality of User Information.
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Third party service providers to the extent necessary to provide
the Users with the Service. Zoop may provide the User
Information to third party service providers to work on behalf
of or with Zoop to provide the Users with the Service, to help
Zoop communicate with the Users or to maintain the App.
Generally, the third party service providers do not have any
independent right to share this information, however certain
service providers who provide services on the App, including the
providers of online communications services, will have rights to
use and disclose the User Information collected in connection
with Purpose and the provision of these services in accordance
with their own privacy policies.
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Zoop may also use and share certain User Information with reliable
and reputed third-party payment gateway service providers which Zoop
may have engaged in order to ensure swift and comfortable payment
mechanisms on the App and/or in relation to the Services. Such
third-party payment gateway service providers and other payment
transaction processors may have their own privacy policies in
respect of the User Information Zoop is required to provide to them
for Users’ purchase-related transactions. For these providers, Users
must read their privacy policies to understand the manner in which
User Information (including financial information such as bank
accounts, credit and debit card details or other payment instrument
details) would be handled by these providers.
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There may also be certain services offered by external service
providers that help Users use the App and the Services. If User
chooses to use such optional services, and in the course of doing
so, discloses information to the external service providers and/or
grant them permission to collect any User-related Personal
Information and/or Sensitive Personal Data or Information, then
their use of such data or information is governed by their relevant
privacy policy.
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Notwithstanding the above, Zoop shall not be responsible for any
breach of security or for any actions of any third parties that
receive the User Information or events that are beyond the
reasonable control of Zoop including without limitation, acts of
government, computer hacking, unauthorized access to computer data
and storage device, computer crashes, breach of security and
encryption, or any acts attributable to the Users or any third
parties.
5. What Are Your Rights?
- Right to Restrict: Users have a right
to opt-out of providing any of the User Information. However, in such
an event, Zoop reserves the right to refuse or limit such Users’ access
and use of the App and the Services, or part thereof.
- Right to Withdraw Consent: Users have
the right to withdraw their consent to the use, disclosure, or processing,
of any User Information. However, in such an event, Zoop reserves the
right to refuse or limit such Users’ access and use of the App and the
Services, or part thereof.
- Right of access: You have a right to access
the User Information you have provided by requesting us to provide you
with the same.
- Right to be informed: You have a right
to be informed about the manner in which any of your personal data is
collected or used which we have endeavoured to do by way of these Privacy
Terms.
- Right to unsubscribe: Users have the right
to unsubscribe from any commercial communication, which is not essential
for Zoop to either provide the App or Services to Users. Users may exercise
such right by clicking on the relevant link to unsubscribe, available
as part of such commercial communication.
6. What Are Your Obligations?
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Users must, at all times, respect and follow the terms and
conditions of the then-current Privacy Terms and the Terms of Use.
This includes respecting all intellectual property rights which may
belong to Zoop, its Subsidiaries and Affiliates and/or any third
parties.
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Any violation of these Privacy Terms by a User, directly or
indirectly, may lead to the restriction, suspension or termination
of a User account by Zoop, and/or any other consequences as provided
under the Terms of Use.
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A User’s usage of the App and Services is predicated on User
Information, and any underlying issues in relation to the User
Information may result in inaccuracy or inadequacy of the App and/or
Services. Any User Information should not violate the legal rights
or interests of any person or entity, and (ii) the relevant User
should have the sole rights to, any and all User Information
relating to such User. Users are solely and exclusively: (i)
responsible for all their User Information, and (ii) liable for the
consequence of their User Information and User actions in relation
thereto (including any loss or damage which Zoop may suffer pursuant
thereto). A User’s usage of the App and the Services is entirely at
User’s own risk, including Zoop’s usage of the User Information.
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Users shall be responsible for all User Information provided by
them, including the completeness, accuracy, and adequacy thereof,
and shall be liable to Zoop for ensuring that the User Information
provided to, transferred to, or handled by, or within, the App and
Services does not infringe any third party rights.
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Whenever a User makes use of the Services (or any feature or part of
the Services) that allows a User to upload User Information on the
App, such User must comply with applicable data protection rules and
laws. The User Information must be accurate where it states facts
and comply with the law applicable in any location from which it is
posted.
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Users acknowledge that these Privacy Terms are to be read in
conjunction with the Terms of Use. User’s visit and any dispute over
privacy is subject to these Privacy Terms and the Terms of Use.
7. How to Access, Correct and Delete
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You may request access, correction or updation, and deletion of the
User Information by contacting raghav@fluxlabs.com. You may note that deletion of certain data or withdrawal of
consent may lead to cancellation of your access to our Services.
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Based on technical feasibility, we will provide you with access to
all your personal and sensitive personal data that we maintain about
you.
8. Privacy Statements
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Users must note the following:
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Any User that does not consent to any provisions of these
Privacy Terms is required to leave the App immediately and
discontinue any usage of the Services, and such User is not
permitted to use this App. Zoop will not be liable for any
consequences arising from any unauthorized use.
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Except as otherwise provided herein, when browsing the App, a
User is not required to provide Personal Information and/or
Sensitive Personal Data or Information unless and until such
User chooses to submit their Personal Information and/or
Sensitive Personal Data or Information on the App.
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In the ordinary course of business, we may employ third parties
to assist us in providing certain components of our Services in
compliance with the provisions of this Policy. To do so, we may
need to share your data with them, however that will be used
only in line with purposes stated above. Needless to say, such
third parties will implement similar security standards and
handle/process User Information with utmost regard to
safeguarding your data privacy.
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A User can set or amend their device settings to delete or disable
cookies. If a User chooses to disable cookies on their device, it
may impair, degrade or restrict access to certain areas of the App.
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Zoop has implemented Indian industry standard security policies,
rules and technical measures to protect the personal data that it
has under its control from unauthorized access, improper use or
disclosure, unauthorized modification and unlawful destruction or
accidental loss. It is expressly stated that Zoop shall not be
responsible for any breach of security or for any actions of any
third parties that receive the Users’ personal data or events that
are beyond the reasonable control of Zoop including without
limitation, acts of government, computer hacking, unauthorized
access to computer data and storage device, computer crashes, breach
of security and encryption, or any acts attributable to the Users or
any third parties.
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The App may include hyperlinks to other websites or content or
resources. Zoop may not have control over any websites or resources,
which are provided by other companies or persons. By accessing the
App, each User acknowledges and agrees Zoop is not responsible for
any such external sites, content, or resources, and activities
undertaken by them.
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Zoop may disclose any Personal Information and/or Sensitive Personal
Data or Information to governmental institutions or authorities if
such disclosure is requisitioned under any law or judicial decree or
when Zoop, in its sole discretion, deems it necessary in order to
comply with necessary legal requirements, protect its rights or the
rights of others, to prevent harm to persons or property, to fight
fraud and credit risk, or to enforce or apply these Privacy Terms or
the terms of use relating to the App and Services (as may be amended
or updated from time to time), available at Terms of use.
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Zoop addresses all discrepancies and grievances of all Users with
respect to processing of information in a time-bound manner, through
the Grievance Officer. The details of the Grievance Officer are set
out in Paragraph 11 below.
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This Policy is published in compliance with, inter alia:
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Section 43A of the Information Technology Act, 2000 ("IT Act");
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Rule 4 of the Information Technology (Reasonable Security
Practices and Procedures and Sensitive Personal Information)
Rules, 2011 ("SPDI Rules"); and
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Regulation 3(1) of the Information Technology (Intermediary
Guidelines and Digital Media Ethics Code) Rules, 2021
("Intermediary Guidelines").
9. Legal Disclosures
In addition to the Purpose set out in the Privacy Terms, we may share
your information that we collect with third parties. We only share
Personal Information ensuring that such third party has implemented
data protection measures at least as protective as those described in
this Policy or as required under applicable law. By using the App or
availing our Services, you accept the terms hereof and hereby consent
to the storage and processing of the Personal Data and SPDI by third
parties, and acknowledge that we may disclose/share any data we
collected or processed from you, which, inter alia, include:
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Processing for research, archiving and statistical purposes, where
the data is not being used to take any decision specific to you.
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With Merchants: We may share your information with Merchants in
accordance with the Purposes. If you are a seller, we may share your
information with Merchants to provide the Services.
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With Partners: We may share your information with our Partners,
consultants, marketing partners, research firms and other service
providers or business partners, such as payment processing
companies, to support our business. For example, your information
may be shared with Partners to send you emails and messages or push
notifications to your devices in relation to our Services, to help
us analyze and improve the use of our Services, to process and
collect payments. We also may use partners for other projects, such
as conducting surveys for us.
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Any entity/person who is authorized by law to obtain such personal
information where such sharing is pursuant to a request made in
writing for the purpose of prevention or detection or investigation
of offences or cyber incidents, or for prosecution or punishment of
offences.
10. Change in the Privacy Terms
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Zoop may update these Privacy Terms at any time, including but not
limited to, pursuant to any change in applicable laws including the
Digital Personal Data Protection Act 2023 and the rules, and/or
regulations framed thereunder, with an intimation notice, in the
event there are significant changes in the way Zoop treats User
Information, Zoop will display a notice on the App and/or send Users
an email. Unless stated otherwise, these current Privacy Terms apply
to all information that Zoop has about the Users and their account,
in relation to the App and Services.
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If a User uses the Service after a notice of change has been sent to
such User or published on the App, such User hereby provides their
consent to the changed practices.
11. USE OF YOUTUBE API SERVICES
a. Our App uses YouTube API Services. By using our services, you are
also agreeing to be bound by the
YouTube Terms of Service.
b. The App adheres to the
Google Privacy Policy.
Please read it carefully.
c. If you’ve connected your Google account via YouTube API Services,
you may revoke that access at any time through your
Google security settings.
d. If you would like your data deleted from our servers, please email
us at help@zooplive.com and we will process your request within 7
business days.
12. Grievance Officer
a. The name and contact details of our Grievance Officer are as
follows:
Mr. Raghav Dalela, Director
Email: help@fluxlabs.com
b. Any questions or concerns regarding the use or disclosure of User
Information in relation to the App and Services should be directed to
the Grievance Officer. Zoop will make commercially reasonable efforts
to investigate and attempt to resolve complaints and disputes
regarding the use and disclosure of User Information by reference to
the principles contained in these Privacy Terms.
13. Miscellaneous
- Disclaimer: We cannot ensure
that all of your Personal Data and SPDI will never be disclosed in ways
not otherwise described in this Policy. Therefore, although we are committed
to protecting your privacy, we do not promise, and you should not expect,
that your information or private communications will always remain private.
While using the App or availing any of our Services, you understand and
agree that you assume all responsibility and risk for your use of the
App and Internet generally, and the information you post or access and
for your conduct on and off the App.
- Indemnity: You agree and undertake
to indemnify us in any suit or dispute by any third party arising out
of disclosure of information by you to third parties either through our
App or otherwise and your use and access of websites, applications and
resources of third parties.
- Severability: Each clause of
this Privacy Policy shall be and remain separate from and independent
of and severable from all and any other clauses herein, except where
otherwise expressly indicated or indicated by the context of the Policy.
The decision or declaration that one or more clauses are null and void
shall have no effect on remaining clauses of this Policy.
- Limitation of Liability: Zoop
shall not be liable for any consequential, incidental, special, indirect,
exemplary or punitive damages, or damages for any loss of profits, revenue
or business, regardless of the nature of the claim, even if Zoop has
been notified of the possibility of such damages.
- Governing Law and Jurisdiction: This Privacy Policy shall be governed by the laws of India as applicable
between residents of India without regard to any principles of conflict
of laws. Subject to the Terms of Use, any and all disputes arising hereunder
shall be subject to the exclusive jurisdiction of the courts at New Delhi,
India.