Effective and last updated on: [24/03/2023]

Privacy Policy

  1. Introduction:

  1. Myscoot Tech Private Limited (“Us” or “Our” or “We” or “Exly” or “Company”) website https://exlyapp.com (“Website”) and mobile application, a platform that provides all-in-one SaaS (software as a service) solutions. We provide a web based SAAS Solution consisting of the following services: enabling user to create its own web page, software for overall management, lead generation, payment facilitation and other support services.

  1. The Website and mobile application are collectively referred to as “Platform”.

  1. We care about the privacy of the users of Our Platform such as yourself. The term "Users" refers to any person who registers to avail ‘creator services’ available on the Website and mobile application. We respect the information that you provide to Us and want to be sure you fully understand exactly how We use that information.

  1. By accepting the Terms of Service provided on the Website (“Terms of Service”), you are also agreeing to this privacy policy (“Privacy Policy”).

  1. You understand that by using our services via Platform or accessing the Platform, you consent to the collection, use and disclosure of your personal information and aggregate data as set forth in Our Privacy Policy, and to have your personal information collected, used, transferred to and processed in accordance with this policy. If you do not wish to agree with terms of Our Privacy Policy, We kindly request you not to use Our Platform.

  1. This Privacy Policy does not apply to the practices of companies or entities that We do not own or control, or to individuals that We do not employ or manage.

  1. In this Privacy Policy, meanings as ascribed to the terminologies in the Terms of Use shall be applicable.

  1. Revisions to Privacy Policy:

  1. The Company reserves the right at its discretion to update and revise this Privacy Policy on a going-forward basis at any time. If We make material changes to this Privacy Policy, We will attempt to provide you reasonable notice before such changes become effective. You can determine if this Privacy Policy has been revised since your last visit by referring to the “Effective Date of the current Privacy Policy” date at the top of this page. You should, therefore, review this Privacy Policy regularly to ensure that you are aware of its terms and amendments. Your use of the Platform constitutes your acceptance of the terms of the Privacy Policy as amended or revised by Us.

  1. If you do not agree to be bound by the modified Privacy Policy, you must immediately cease your use of the services. Disputes arising under this Privacy Policy will be resolved in accordance with the version of this Privacy Policy that was in effect at the time the dispute arose.

We encourage you to review Privacy Policy whenever you access Our services to stay informed about Our information practices and the ways you can help protect your privacy.

  1. General:

This Privacy Policy covers the Company's treatment of information that the Company collects and receives, including information related to your past use of the Platform. Technology and security policies, rules and other precautions are used to shield your Information from unlawful intruders, unauthorized access, destruction and accidental loss. Our policy is designed to assist you in understanding how We collect, use and safeguard the Information You provide to Us through various security measures and to assist you in making informed decisions when using Our Platform.

  1. What Information do We collect?

  1. We collect information about you when you use Our services and through other interactions and communications you have with Us.

  1. Our primary goal of collecting your information is to provide you a safe, efficient, smooth and customized experience. This allows the Company to provide services and features that most likely meet your needs, and to customize Our Platform to make your experience safer and easier.

  1. We collect information you provide directly to Us, such as when you create or modify your account, request on-demand services, contact customer support, use of any related services connected to Us or participate in contests and surveys, or otherwise participate in activities We promote that might require information about you or complete contact forms or request newsletters or other information from Us (for instance via email) or otherwise communicate with Us. This information may include name, email, phone number, postal address, profile picture, items and quantities requested, delivery notes, and other information you choose to provide.

  1. When you visit this Platform you may provide us and we collect information about you in the following general categories:  [Note- Below mentioned aspects are subject to your confirmation including confirmation of your IT Team]

  1. Personal Information:

We collect information about you (such as name, email address, username or other relevant unique identifier, mobile phone number, location, date of birth, gender identity etc. and other content which you knowingly disclose that is collected on an individual basis.

You can share with Us additional information, such as details on your interests in particular events, corporate profile details and other details about you, as well as content such as photos. To add certain content, like pictures, you may allow Us to access your camera or photo album.

You may be able to use your social media login (such as Facebook login) or Google login to create and log into your account with Us that allows you to share some information from your social media account or google account with Us.

  1. Automatic and other information: We store all such information that automatically gets accessible to Us by the virtue of you accessing the Platform on your device for instance, your location information, device information, transaction information, call and SMS data, log information, information collected by cookies and other tracking technologies etc.

For illustration purposes, this can be understood as follows:

We use this data to enable us to deliver the functionalities of the Platform, resolve technical difficulties, and provide you with the correct (prevent the transmission of spam, viruses, and/or unlawful, defamatory, obscene or otherwise undesirable material or content) and most up to date version of the Platform.

Cookies are small data file that Our server sends to your browser which gets stored on your hard drive or in your device memory when you visit the Platform (“Cookies”). The use of Cookies helps us to assist your use of certain aspects of the Platform for instance, it allow us to improve Our services and your experience, see which areas and features of Our services are popular. You can delete Cookies at any time or you can set your browser to reject or disable Cookies.  Please note that if you choose to remove or reject Cookies, this could affect the availability and functionality of Our services.

We may use information from Cookies for the following purposes, amongst other things:

  1. Traffic monitoring;
  2. IP address from which you access the Platform;
  3. Type of browser and operating system used to access the Platform;
  4. Date and time of your access to the Platform;
  5. Pages you visit;
  6. Internet address of the website from which you accessed the site to recognize repeat visitors for statistical/analytical purposes.

  1. In addition to the information, you provide Us directly, We receive information about you from others, including:

  1. Your photograph may be clicked (either as single photo or in group with other Users) or audio-videos may be made/created during a class/session in on Our Platform or any offline centres/venues or at an event or during usage of any third party websites or applications while taking any session or attending any event using or through Our Platform (“Photos and Videos”). Such Photos and Videos may be clicked/made/captured by the offline venue/centre managers, or any individual authorised by Exly’s personnel or venue managers.

  1. Stored Information: We store all such data which are shared by you or by a third party on your behalf either at the time of accessing of the Platform or at any other later stage on Our Platform such as image files, documents etc.

Please note that information does not refer to any content you may share with Us for the purposes of publishing on Our Platform. Such content shall be governed by Our Terms of Use.

 

  1. Use of Information:

We may use the information We collect about you for purposes including but not limited to:

  1. use your information for understanding Users in such a way as to provide better services on the Platform.

  1. maintain, and improve Our services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, develop safety features, authenticate users, and send product updates, security alerts and administrative messages.

  1. customize your experience; detect and protect Us against error, fraud and other criminal activity; enforce Our terms and conditions; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyse usage and activity trends; and as otherwise described to you at the time of collection.

  1. To verify your identity to maintain the authenticity of Our platform, facilitate communications between you and Our support staff.

  1. To provide you with technical support, including Platform updates and any other assistance as requested by you.

  1. To send you communications, as per your notification settings, or any updates or developments pertaining to the Platform or your use of the Platform.

  1. To communicate promotions and other offers, send you communications We think will be of interest to you, including information about products, services, promotions, news, and events of Ours and other companies; and to process contest, sweepstake, or other promotion entries and fulfil any related awards.

  1. To facilitate payment processes and verify your payment information.

  1. Publicly display the Photos and Videos on the Platform or on public forum including on social media platform (such as Facebook and Instagram) at its sole discretion. Unless stated otherwise, all Photos and Videos are believed to be in the public domain as either promotional materials or publicity photos and videos as we may determine at Our sole discretion.

  1. We reserves the right, but has no obligation, to monitor the User content you post while using Our services on of Our Platform. We have the right to remove any such information or material for any reason or no reason, including without limitation, if in Our sole opinion, such information or material violates, or may violate, any applicable law or Our business policies and practices or to protect or defend Our rights or property or those of any third party. We also reserves the right to remove information upon the request of any third party.

  1. For the avoidance of any doubt, We should clarify that in the event We anonymize, and aggregate information collected from you, We will be entitled to use such anonymized data freely, without any restrictions other than those set out under applicable law. We do this for purposes such as analysing how the service is used, diagnosing service or technical problems, maintaining security, and personalizing advertisements and promotions.

  1. Types of information not allowed on the Platform:

  1. Nudity or other sexually suggestive content.
  2. Hate speech.
  3. Credible threats or direct attacks on an individual or group.
  4. Content that contains self-harm or excessive violence.
  5. Fake or impostor profiles.
  6. Spam.
  7. Any other type of information prohibited by the law.

  1. With whom We may share Your information?

  1. With Company’s affiliates and other stakeholders: Generally, the Company will not disclose personally identifiable information that We collect through your use of the Platform to unaffiliated third parties. We reserve the right, however, to provide such information to Our affiliates, third party contractors (including consultants, marketing partners and other service providers), employees, contractors, agents, and designees to the extent necessary to enable them to perform certain Platform-related services (e.g., Platform hosting, improve the Platform related services and features, or maintenance services) on Our behalf.

  1. With other parties as may be required: We also reserve the right to disclose such information to any third party if We believe that We are required to do so for any or all of the following reasons: (a) by law; (b) to comply with legal processes or governmental requests; (c) to prevent, investigate, detect, or prosecute criminal offenses or attacks on the technical integrity of the Platform or Our network; (d) to protect the rights, property, or safety of the Company or its employees, the Users of the Platform, the public, or you; (e) in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of Our business by or into another company/ entity.

  1. Further, We may share your information: (a) if We otherwise notify you and you consent to the sharing; (b) in an aggregated and/or anonymized form which cannot reasonably be used to identify you.

  1. Analytics and advertising services provided by others: We may allow others to provide audience measurement and analytics services for Us, to serve advertisements on Our behalf across the internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, software development kits (SDKs), and other technologies to identify your device when you visit Our site and use Our services, as well as when you visit other online sites and services, your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by Us and third parties to, among other things, analyse and track data, determine the popularity of certain content and other websites and better understand your online activity.

Our Privacy Policy does not apply to, and We are not responsible for, third party cookies, web beacons or other tracking technologies and We encourage you to check the privacy policies of these third parties to learn more about their privacy practices.

  1. We as an intermediary are responsible to facilitate a transaction between you and the ultimate event or session organiser/partner so as to enable you to book/purchase a reservation for an event, session, etc. For Us to be able to facilitate this transaction and otherwise fulfil Our contractual arrangements with these ultimate product/service providers, We may have to share your data with them so that they are able to verify the accuracy of the information you have shared with Us while issuing your valid booking id or reservation, to provide you with services and benefits that you may be entitled to and to conduct their own analysis.

  1. Public areas, forums, reviews, and community areas: Please remember any success stories, comments, messages, blogs etc. posted/ uploaded/ conveyed/ communicated by you on the public sections of Our Platform becomes published content and becomes public. Anyone may take and use that information. Please be careful about what you disclose and do not post any personal information that you expect to keep private.

We may publish such published content on Our Platform so long as you consent. You may request that such published content be taken down at any time and We shall remove such published content. However, We are not responsible for any actions taken by third parties with respect to such published content.

  1. Rights of the Users

  1. Account information: You may correct your account information at any time by logging into your account. If you wish to cancel your account, please email Us at support@myscoot.in.

Please note that in some cases We may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if We believe you have committed fraud or violated Our Terms of Service, We may seek to resolve the issue before deleting your information.

  1. Access, correction and deletion rights: We will comply with individuals requests regarding access, correction, and/or deletion of the personal data We store in accordance with applicable law.

You may request access, correction or updation, and deletion of the data by contacting Us at support@myscoot.in. You may note that deletion of certain data or withdrawal of consent may lead to cancellation of your registration with Us or your access to Our services without any obligations or liability on Us, whatsoever, whether in contract, tort, law, equity or otherwise, in this regard.

Based on technical feasibility, We will provide you with access to all your personal and sensitive personal data that We maintain about you. We will perform verification before providing you access to this data.

You may opt out of Our marketing emails by clicking on the ‘opt-out’ link provided in the emails. However, We may still send you non-marketing emails about your accounts or any other transactions with you.

  1. Location information: If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device or any other device which You are using for accessing the Platform. However, this will limit your ability to use certain features of Our services.

  1. Transfer of data: The information, including personal information, we collect about you may be maintained, processed and stored by us on the systems situated in the territory of Republic of India. However, subject to applicable laws, your information, including personal information, may be transferred to – and maintained on – computers located in the countries other than India where the data protection laws may differ from those applicable in India in connection with storage and processing of data, fulfilling your requests, and providing the services associated with the services. By providing any information, including personal information, on or through the services, you consent to such transfer, storage, and processing.

We currently only provide Our services in India. If you choose to become a User from other regions of the world, then please note that you may be transferring your personal information outside of those regions for storage and processing.

The Company will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other Personal Information.

We comply with generally accepted industry standard regulations regarding the collection, use, and retention of data under the Information Technology Act, 2000.

  1. Changes of business ownership and control:

The Company may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of the Company. Information provided will, where it is relevant to any part of Our business so transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use the Information for the purposes for which it was originally given to Us.

We may also disclose information to a prospective purchaser of Our business or any part of it.

In the above instances, we will take steps with the aim of ensuring that Your privacy is protected.

  1. Data retention and storage:

Unless a longer retention period is required or permitted by law, we will only hold your information on Our systems for the period necessary to fulfil the purposes outlined in this Privacy Policy or to provide the services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods: (a) mandated by law, contract or similar obligations applicable to Our business operations; (b) for preserving, resolving, defending or enforcing Our legal/contractual rights; or needed to maintain adequate and accurate business and financial records.

Your personal data will primarily be stored in electronic form. We may enter into agreement with third parties to collect, store, process your personal data but under full compliance with applicable laws.

Even if We delete your Information, it may persist on backup or archival media.

We may need to retain your personal data even if you seek deletion thereof, if it is needed to comply with Our legal obligations, resolve disputes and enforce our agreements.

  1. Security:

The Company takes your security seriously and We take necessary precautions to keep your personal information secure. We have put in place appropriate and reasonable physical, electronic, technical and managerial procedures to safeguard the personal information We collect and to preserve the integrity and security of your personal information and implement your privacy settings.

We want to reduce loss, theft, misuse, unauthorized access, disclosure, alteration, destruction, harassment, and abuse related to Our Platform. Further, due to the open communication nature of the internet, We cannot guarantee that communications between you and the Company, or personal information stored on Our Platform, will be free from unauthorized access by third parties. When there is clear evidence of any of the above, We will do Our best to respond promptly. You acknowledge that any transmission of personal information by You to Our Platform is at Your own risk.

We cannot guarantee that unauthorized third parties will never be able to defeat Our security measures or use your personal information for improper purposes. In the event where you believe your privacy has been breached, please contact Us immediately.

You undertake to treat your password and other confidential information in relation to the use of Our Platforms and its Services confidentially, and We disclaim any liability arising from your failure to do so.

The collection, storage, usage, and sharing of your data by the Company shall be in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and other applicable laws.

We have taken appropriate steps for the security and protection of all Our digital platforms including internal applications, however, We shall not be responsible for any breach of security or the disclosure of personal data for reasons outside Our control, such as hacking, social engineering, cyber terrorism, espionage by third parties etc.

  1. Legal Disclaimer:

We reserve the right to use or disclose your personally identifiable information in response to any statutory or legal requirements as required by any applicable law or when we believe that disclosure is necessary to protect Our rights and/or to comply with a judicial proceeding, court order, or any legal process served on Our Platform or if we believe you will harm the property or our rights or right of the other Users of our Platform or to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or property, violations of the Platform’s other policies

We may be required to share the aforesaid information with government authorities and agencies for the purposes of verification of identity or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences.

We may also in good faith share information with other organizations and entities for the purposes of fraud protection and credit risk reduction.

In light of the aforesaid, you agree and consent for the Company to disclose your personal information.

  1. A Special Note about Children:

You must be an adult in the jurisdiction from where you are accessing or using the Platform in any manner.

The services under the Platform are not directed towards minors, minors are not allowed to register with or use the service or provide personal data. If We discover that We have collected personal information from a minor, We will delete that information immediately.

By visiting this Website and/or mobile application or accepting this Privacy Policy, you represent and warrant to the Company that you are an adult, and that you have the right, authority and capacity to use the Website and/or mobile application and agree to and abide by this Privacy Policy. You also represent and warrant to the Company that you will use this Privacy Policy in a manner consistent with any and all applicable laws and regulations.

  1. Governing Law and Jurisdiction:

The laws of India shall govern this Privacy Policy, regardless of your location. You hereby expressly consent to exclusive jurisdiction and venue located in, Delhi, India, for all matters or disputes arising out of or relating to the Terms of Use or your access or use of the Platform.

ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS OF USE OR YOUR USE OF THE PLATFORM MUST BE BROUGHT BY YOU WITHIN ONE (1) MONTH OF THE DATE SUCH CAUSE OF ACTION FIRST AROSE, OR SUCH CAUSE OF ACTION IS FOREVER WAIVED BY YOU. EACH CAUSE OF ACTION SHALL BE ADJUDICATED INDIVIDUALLY, AND YOU AGREE NOT TO COMBINE YOUR CLAIM WITH THE CLAIM OF ANY THIRD PARTY.

  1. Grievance Redressal:

If you find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure, and transfer of your personal information under this Privacy Policy or other terms and conditions or policies of any of the Company’s entity, please contact Us, the grievance officer appointed by Us. Please find below the details of the grievance officer for the purpose of this Privacy Policy:

Name: Sidharth Rawat

Email at support@myscoot.in 

Address: 2nd Floor Fortune Tower I Plot No: 406, Udyog Vihar Phase III Sector-20 Gurugram Haryana 122016.

Any communication pursuant to this clause which is not marked to the designated individual mentioned here in above shall not be treated as a valid and binding communication for the purpose of this Privacy Policy.