Please read the following Terms and Conditions carefully (including our Privacy Policy) before using this Site and/or the Services (both defined below), so that you are aware of your legal rights and obligations with respect to ChitChat and/or its related entities, affiliates and subsidiaries.
By your (or where Clause 1.1.2(iii) applies, your child’s or ward’s) access of this Site and/or use of the Services, you hereby agree to be legally bound by these Website Conditions. If you do not accept these Website Conditions, please leave the Site and discontinue use of the Services immediately.
| 1. | Agreement |
| 1.1 | You hereby represent and warrant that: |
| 1.1.1 you have read and agree to these Website Conditions and our Privacy Policy; 1.1.2 you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website Conditions and you are either; (i) accessing this Site, using the Services and contracting in your own personal capacity; (ii) accessing this Site, using the Services and contracting on behalf of another individual / corporate entity; or (iii) contracting as parent or guardian of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by these Website Conditions and to be liable for your child’s or ward’s acts and omissions while accessing the Site and/or using the Services, and you also agree to ensure that your child or ward observes these Website Conditions; 1.1.3 you are authorised to bind the entity (yourself / another individual / your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Website Conditions; and 1.1.4 all of the information provided by you to ChitChat (including without limitation personal particulars and contact information) is accurate and complete. | |
| 1.2 | CHITCHAT reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. CHITCHAT may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability. |
| 1.3 | CHITCHAT may from time to time vary or amend these Website Conditions by posting the amended Website Conditions at this Site. Any use of the Services after the amendment of these Website Conditions will be deemed to be acceptance of the amended Website Conditions by you. If you do not agree to the amended Website Conditions, you have the right to close your Account and/or cease using the Services. |
| 2. | Definitions |
| 2.1 | In this Agreement, the following definitions shall apply unless the context does not permit such application: “Account” means a registered account of a Member opened under this Site. “Agreement” means the agreement formed by these Website Conditions and the Privacy Policy, and in the case of a Member, by these Website Conditions and the Privacy Policy “App” means any software or mobile application of CHITCHAT. “Computer” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services. “Content” means materials, information, news, advertisements, contests, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content. “Linked Sites” is defined in Clause 8.1. “Member” means a registered member of the Site. “Personal Data” means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access. “Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services. “Services” is defined in Clause 3.2. “Site” means the CHITCHAT website containing the link to these Terms & Conditions. “CHITCHAT Content” means all Content of CHITCHAT that is made available on or via this Site or a CHITCHAT website. “Third Party Products” means products and services of third parties, including other users, advertised on or available at the Site or websites linked from the Site. “Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you. “User Content” means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site. |
| 2.2 | The words “include” and “including” shall not be construed as having any limiting effect. |
| 2.3 | The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way. |
| 3. | Site and Services |
| 3.1 | The Site is owned and maintained by CHITCHAT. |
| 3.2 | CHITCHAT may offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”): |
| 3.2.1 access to a collection of information, news, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts, software applications and other types of works, including any print, digitised or electronic newspapers, magazines, Apps or other content of CHITCHAT, whether through an online store or otherwise; 3.2.2 search engines or tools; 3.2.3 a platform to create, upload and publicly make available personalized content; 3.2.4 an advertising and branding platform; 3.2.5 message boards, forums, blogs, contests, communication tools; 3.2.6 a social networking platform; 3.2.7 email alerts; and 3.2.8 any other features, content or applications that CHITCHAT may offer on or through the Site from time to time in its sole and absolute discretion. | |
| 3.3 | You acknowledge and agree that to access and use certain Services, you may be required to register as a Member |
| 3.4 | From time to time CHITCHAT will run competitions, promotions and surveys at the Site. These are subject to additional terms and conditions that will be made available at the time they are run. |
| 4. | Content Use Conditions |
| 4.1 | You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to: |
| 4.1.1 any Service; 4.1.2 the Site; 4.1.3 any CHITCHAT Content except, to the extent permitted, with the prior written consent of CHITCHAT or unless expressly permitted in these Website Conditions; or 4.1.4 any Third Party User Content except, to the extent permitted, with the prior written consent of CHITCHAT and the owner or licensee of the specific User Content. | |
| 4.2 | Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, CHITCHAT Content, or Third Party User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of CHITCHAT. |
| 4.3 | You may for your personal, non-commercial use: |
| 4.3.1 retrieve and display CHITCHAT Content on any compatible device owned by you; 4.3.2 print a single copy of CHITCHAT Content on paper (but not photocopy them); and 4.3.3 store such CHITCHAT Content in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network). | |
| 4.4 | All CHITCHAT Content are the copyrighted work of CHITCHAT or its content or software providers, and CHITCHAT reserves and retains all rights in the CHITCHAT Content. Use of some CHITCHAT Content may be governed by the terms of an accompanying end user license agreement. |
| 4.5 | You may not decompile, reverse engineer or otherwise attempt to discover the source code of any CHITCHAT Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or CHITCHAT in writing. |
| 5. | Intellectual Property |
| 5.1 | The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, and all CHITCHAT Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with CHITCHAT. |
| 5.2 | The trademarks, logos and service marks (“Marks“) displayed on this Site are the property of CHITCHAT or other third parties, and all rights to the Marks are expressly reserved by CHITCHAT or relevant third parties. You are not permitted to use any Marks without the prior written consent of CHITCHAT or such third party. CHITCHAT and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of CHITCHAT or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of CHITCHAT. |
| 5.3 | The domain name on which the Site is hosted on is the sole property of CHITCHAT and you may not use or otherwise adopt a similar name for your own use. |
| 5.4 | If you have any questions or concerns about these Website Conditions or any issues raised in these Website Conditions or on the Site, please contact us at: chat@chitchat.social. |
| 6. | Online Conduct |
| 6.1 | You hereby undertake: |
| 6.1.1 to comply with these Website Conditions, and such other notices or guidelines that may be posted on the Site by CHITCHAT from time to time (which are hereby incorporated by reference into these Website Conditions); 6.1.2 not to use any Service or CHITCHAT Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law; 6.1.3 not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and 6.1.4 not to use the Account of another Member at any time, whether with or without his/her permission. | |
| 6.1.5 not to use derogatory or inflammatory language on this website or spread fake news | |
| 7. | Disclaimers & Limitations |
| 7.1 | While we make every effort to ensure that all CHITCHAT Content displayed on the Site is accurate and complete, we provide the CHITCHAT Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, CHITCHAT disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, CHITCHAT does not warrant that the functions contained in or access to the Site, Services, CHITCHAT Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, CHITCHAT Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any CHITCHAT Content in or with any Computer will not affect the functionality or performance of the Computer. CHITCHAT does not warrant or make any representations regarding the use or the results of the use of the CHITCHAT Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not CHITCHAT) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold CHITCHAT liable for the loss of any of your User Content that is due to any circumstances beyond the control of CHITCHAT. |
| 7.2 | The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained herein before acting on it. Any financial or investment information in this Site are for use in India only and are intended to be for your general information only. You should not rely upon such information in making any particular investment or other decision which should only be made after consulting with a fully qualified financial adviser. Such information do not nor are they intended to constitute any form of investment advice or any inducement, invitation or recommendation relating to any of the products listed or referred to. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. CHITCHAT does not sponsor, endorse or promote any financial products, services or information. |
| 7.3 | You acknowledge that it is not CHITCHAT’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that CHITCHAT does not endorse and shall not be responsible for any such content. |
| 7.4 | You acknowledge and agree that CHITCHAT does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and CHITCHAT hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites. |
| 7.5 | You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and CHITCHAT shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance. |
| 7.6 | You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Website Conditions, contain viruses or cause you damage. While we may remove any such User Content brought to our notice at our sole and absolute discretion, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion. |
| 7.7 | You agree that: |
| 7.7.1 CHITCHAT shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and 7.7.2 access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, | |
| and in any such event, CHITCHAT shall not be liable for any loss, liability or damage which may be incurred as a result. | |
| 7.8 | In no event shall CHITCHAT be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the CHITCHAT Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that CHITCHAT is liable for damages despite the foregoing provision, you agree that CHITCHAT’s aggregate liability to you for any and all causes of action in relation to the CHITCHAT Content, Services, Site, and the Agreement, shall not exceed the total amount of fees and charges paid by you for the Services to CHITCHAT for the one (1) month period immediately preceding the time such liability arose. |
| 7.9 | Under no circumstances, including, but not limited to, negligence, shall CHITCHAT be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the CHITCHAT Content, Services, Site, or any other website, even if CHITCHAT or a CHITCHAT authorised representative has been advised of, or should have foreseen, the possibility of such damages. |
| 7.10 | To the maximum extent permitted by applicable law, CHITCHAT disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted. |
| 7.11 | You agree that the above exclusions and limitations of liability enable the Services and the CHITCHAT Content to be provided by CHITCHAT at either reasonable costs or no costs to you. |
| 8. | Linked Sites |
| 8.1 | CHITCHAT may provide links to other sites (“Linked Sites“) that may be of relevance and interest to users. CHITCHAT has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites. |
| 9. | Data Use & Privacy |
| 9.1 | Please do not submit any personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail. |
| 10. | Termination |
| 10.1 | You agree that CHITCHAT has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Site or Services, without assigning any reason. |
| 11. | Notification of Infringement |
| 11.1 | CHITCHAT reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of CHITCHAT Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify CHITCHAT in writing immediately in the form and containing the information. |
| 11.2 | All Infringement Notices shall be sent to CHITCHAT addressed as follows: chat@chitchat.social with “Infringement Notice” mentioned in the Subject line. |
| 11.3 | CHITCHAT will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against CHITCHAT in respect of any Infringing Material, unless you have first given CHITCHAT the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter CHITCHAT refuses or fails to remove the Infringing Material within a reasonable time. Where CHITCHAT removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against CHITCHAT under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by CHITCHAT. |
| 11.4 | You acknowledge and agree that CHITCHAT has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites. |
| 12. | Jurisdictional Issues |
| 12.1 | This Site is owned and operated by CHITCHAT in India. CHITCHAT makes no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. |
| 13. | Indemnity |
| 13.1 | You agree to indemnify and hold CHITCHAT, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of: |
| 13.1.1 any use of the Site or any Service; 13.1.2 your connection to the Site; 13.1.3 your breach of any terms and conditions of these Website Conditions; 13.1.4 your violation of any rights of another person or entity; or 13.1.5 your breach of any statutory requirement, duty or law. | |
| 14. | Severability |
| 14.1 | If any provision of these Website Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Website Conditions shall continue in force save that such provision shall be deemed to be deleted. |
| 15. | Relationship of Parties |
| 15.1 | Nothing in these Website Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between CHITCHAT and you and neither party shall have any authority to bind the other in any way. |
| 16. | Waiver |
| 16.1 | No waiver of any rights or remedies by CHITCHAT shall be effective unless made in writing and signed by an authorised representative of CHITCHAT. |
| 16.2 | A failure by CHITCHAT to exercise or enforce any rights conferred upon it by these Website Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times. |
| 17. | Rights of Third Parties |
| 17.1 | Except as provided for in Clause 13, a person or entity who is not a party to this Agreement shall have no right under the Contracts Act to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. |
| 18. | Force Majeure |
| 18.1 | No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates. |
| 18.2 | For purposes of this Agreement, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport. |
| 19. | Governing Law & Jurisdiction |
| 19.1 | These Website Conditions and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of India without giving effect to any principles of conflicts of law. |
| 19.2 | You hereby agree to submit to the non-exclusive jurisdiction of the India courts. |
Your privacy is important to us. The purpose of this Privacy Policy is to inform you of how CHITCHAT manages personal data. Please take a moment to read this Privacy Policy so that you know and understand the purposes for which we collect, use and disclose your Personal Data. By interacting with us, submitting information to us or signing up for any promotions or services offered by us, you agree and consent to CHITCHAT, its related corporations and affiliates, (collectively referred to herein as “CHITCHAT”, “us”, “we” or “our”), as well as our respective representatives collecting, using, disclosing and sharing amongst themselves your Personal Data, and disclosing such Personal Data to CHITCHAT’s authorised service providers and relevant third parties in the manner set forth in this Privacy Policy.
This Privacy Policy supplements but does not supersede nor replace any other consents you may have previously provided to CHITCHAT nor does it affect any rights which CHITCHAT may have at law in connection with the collection, use or disclosure of your Personal Data. CHITCHAT may from time to time update this Privacy Policy to ensure that this Privacy Policy is consistent with our future developments, industry trends and/or any changes in legal or regulatory requirements. Subject to your rights at law, you agree to be bound by the prevailing terms of the Privacy Policy as updated from time to time on our websites. Please check regularly for updated information on the handling of your Personal Data.
For avoidance of doubt, this Privacy Policy forms a part of the Website Terms and Conditions (‘Website Conditions’). In the event of any conflict, inconsistency or conflict between this Privacy Policy and the Website Conditions, the Privacy Policy shall prevail. All defined terms contained in the Website Conditions shall apply to this Privacy Policy unless otherwise specifically stated.
| 1. | Your Personal Data |
| 1.1 | In this Privacy Policy, “Personal Data” refers to any data or information about you from which you can be identified either (a) from that data; or (b) from that data and other information to which we have or are likely to have access. Examples of such Personal Data which you may provide to us include (depending on the nature of your interaction with us: |
| (a) your name, aadhar or other identification number, telephone number(s), mailing address, email address and any other information relating to you which you have provided us in any forms you may have submitted to us, or in other forms of interaction with you; (b) information about your use of CHITCHAT’s website and services, including cookies, IP address, subscription account details and membership details, but only to the extent that CHITCHAT may identify you from such information; (c) your employment history, education background, and income levels; (d) your payment related information, such as your bank account or credit card information, and your credit history; and (e) information about your usage of and interaction with our website and/or services including computer and connection information, device capability, bandwidth, statistics on page views, and traffic to and from our website. | |
| 2 | Collection of Personal Data |
| 2.1 | Generally, CHITCHAT collects your Personal Data in the following ways: |
| (a) when you submit forms relating to any of our products or services; (b) when you register for or use any of our services on websites owned or operated by us or when you register as a member of websites owned and/or operated by us, or use services on such websites; (c) when you interact with our customer service officers; (d) when you use some of our current or all future services, e.g. our subscription service; (e) when you establish any online accounts with us; (f) when you request that we contact you; (g) when you are contacted by, and respond to, our marketing representatives and agents; (h) when you respond to our request for additional Personal Data (i) when you ask to be included in an email or other mailing list; (j) when you respond to our promotions and other initiatives; (k) when you submit an original creation, enter contests, send us job application or a scholarship application; (l) when you enter into any agreements with us; (m) when we receive references from business partners and third parties, for example, where you have been referred by them; (n) when you submit your Personal Data to us for any other reason. | |
| 2.2 | When you browse our website, you generally do so anonymously but please see the section below on cookies. |
| 2.3 | If you provide us with any Personal Data relating to a third party (e.g. information of spouse, children, parents, employees and/or authorised representatives), by submitting such information to us, you represent to us that you have obtained the consent of the third party to you providing us with their Personal Data for the respective purposes. |
| 2.4 | You should ensure that all Personal Data submitted to us is complete, accurate, true and correct. Failure on your part to do so may result in our inability to provide you with products and services you have requested. |
| 3 | Purposes for the Collection, Use and Disclosure of Your Personal Data |
| 3.1 | Generally, CHITCHAT collects, uses and discloses your Personal Data for the following purposes: |
| (a) responding to your queries and requests and responding to complaints; (b) managing the infrastructure and business operations of CHITCHAT and complying with internal policies and procedures; (c) facilitating business asset transactions (which may extend to any merger, acquisition or asset sale; (d) matching any Personal Data held which relates to you for any of the purposes listed herein; (e) verifying your identity; (f) preventing, detecting and investigating crime, including fraud and money-laundering, and analyzing and managing other commercial risks; (g) protecting and enforcing our contractual and legal rights and obligations; (h) conducting audits, reviews and analysis of our internal processes, action planning and managing commercial risks; (i) preventing, detecting and investigating crime and managing the safety and security of our premises and services (including but not limited to carrying out CCTV surveillance and conducting security clearances (j) compliance with any applicable rules, laws and regulations, codes of practice or guidelines or to assist in law enforcement and investigations by relevant authorities; and/or (k) any other purpose relating to any of the above. | |
| 3.2 | In addition, CHITCHAT may collect, use and disclose your Personal Data for the following purposes, depending on the nature of our relationship with you: |
| (a) If you have a subscription or membership account with us: (i) to process your application for Online Subscription Services and/or Print Subscription Services; (ii) to maintain your account with us; (iii) to verify and process your personal particulars and payments in relation to provision of Online Subscription Service and/or Print Subscription Services to you; (iv) to provide you with the goods and services which you have signed up for; (v) communicating with you to inform you of changes and development to CHITCHAT policies, terms and conditions and other administrative information, including for the purposes of servicing you in relation to products and services offered to you; (vi) resolving complaints and handling requests and enquiries; (vii) conducting market research for statistical, profiling and statistical analysis for the improvement of services provided to you; and (viii) the processing of your Personal Data in relation to any of the purposes stated above. | |
| (b) If you use download or use any of our future Apps or when you use our website: (i) where the App includes App Subscription Services, to process your application for these services; (ii) to maintain your account with us and to ensure your access of the App is within the scope of your subscription; (iii) to verify and process your personal particulars and payments in relation to provision of goods and services connected to the App; (iv) to provide you with the goods and services which you have signed up for and to push articles to you which may be relevant to you; (v) communicating with you to inform you of changes and development to CHITCHAT policies, terms and conditions and other administrative information, including for the purposes of servicing you in relation to products and services offered to you; (vi) resolving complaints and handling requests and enquiries; (vii) conducting market research for statistical, profiling and statistical analysis for the improvement of services provided to you; and (viii) the processing of your Personal Data in relation to any of the purposes stated above. (c) If you submit advertisements to us through any of our other online advertising portals: (i) to verify and process your personal particulars and payments made for the posting of the advertisements; (ii) communicating with you to inform you of changes and development to CHITCHAT policies, terms and conditions and other administrative information, including for the purposes of servicing you in relation to products and services offered to you; (iii) resolving complaints and handling requests and enquiries; (iv) conducting market research for statistical, profiling and statistical analysis for the improvement of services provided to you; and (d) If you submit an application to us as a candidate for employment or an internship: (i) processing your application including pre-recruitment checks; (ii) providing or obtaining employee references or other references where relevant for background screening/vetting; (iii) collecting information about your suitability for the position applied for; (iv) organising training and staff development programs; (v) assessing your performance; (vi) administrating benefits and payroll processing; (vii) providing you with tools to facilitate or as required for you to do your job; (viii) communicating with you as required by CHITCHAT to comply with its policies and processes, including for business continuity purposes; and (ix) any other purposes relating to the aforesaid. (e) If you submit an application to us as a candidate for a scholarship or enter a contest: (i) processing your application including conducting background checks, and obtaining references in order to determine your eligibility for the scholarship as well as determining if the contest entry is your own and not plagiarised; and (ii) any other purposes directly related to the above. | |
| 3.3 | In addition, where permitted under the Act, CHITCHAT may also collect, use and disclose your Personal Data for the following purposes: |
| (a) providing services, products and benefits to you, including promotions, loyalty and reward programmes; (b) matching Personal Data with other data collected for other purposes and from other sources (including third parties) in connection with the provision or offering of products and services, whether by CHITCHAT or other third parties; (c) administering contests, competitions and conducting lucky draws, including, where necessary, in order to announce the results of these contests, competitions and lucky draws and identify and contact the winners, and in order to publicise and conduct marketing strictly related to these contests, competitions and lucky draws; (d) sending you details of products, services, special offers and rewards, either to our customers generally, or of particular products and services which may be of interest to you; and (e) conducting market research, understanding and determining customer location, preferences and demographics for us to review, develop and improve our products, services and also develop special offers and marketing programmes. | |
| 3.4 | If you have provided your India telephone number(s) and have indicated that you consent to receiving marketing or promotional information via your India telephone number(s), then from time to time, CHITCHAT may contact you using such India telephone number(s) (including via voice calls, sms, fax or other means) with information about our products and services (including discounts and special offers). |
| 3.5 | In relation to particular products or services or in your interactions with us, we may also have specifically notified you of other purposes for which we collect, use or disclose your Personal Data. If so, then we will collect, use and disclose your Personal Data for these additional purposes as well, unless we have specifically notified you otherwise. |
| 3.6 | You also consent to the collection, use and disclosure of your Personal Data by CHITCHAT in connection with any transaction relating to the acquisition, divestment, securisation, amalgamation, listing or other transaction relating to any interest in CHITCHAT, the shares or assets of CHITCHAT, and any other corporate transaction involving CHITCHAT, including any evaluation or due diligence relating thereto, as well as to the collection, use and disclosure of such information by the counterpart(ies) thereto for the same purposes, and the provision of goods and services by such counterpart(ies) following such transaction, as may be relevant. |
| 4 | Disclosure of Personal Data |
| 4.1 | CHITCHAT will take reasonable steps to protect your Personal Data against unauthorised disclosure. Subject to the provisions of any applicable law, this Personal Data may be disclosed, for the purposes listed above (where applicable), to the following third parties, whether they are located overseas or in India: |
| (a) CHITCHAT affiliates; (b) agents, contractors or third party service providers who provide operational services to CHITCHAT, such as telecommunications, information technology, payment, payroll, processing, training, market research, contest gift providers, sponsors, storage, archival or other services to CHITCHAT; (c) vendors or any third party business partners who offer goods and services or sponsor contests or other promotional programs on CHITCHAT’s sites, whether in conjunction with us or not; (d) external business and charity partners in relation to corporate promotional events; (e) the Credit Bureau, or in the event of default or disputes, any debt collection agencies or dispute resolution centres; (f) any business partner, investor, assignee or transferee (actual or prospective) to facilitate business asset transactions (which may extend to any merger, acquisition or asset sale; (g) anyone to whom we transfer or may transfer our rights and duties; (h) banks, credit card companies and their respective service providers; (i) our professional advisors such as our auditors and lawyers; (j) relevant government regulators or authority or law enforcement agency to comply with any laws or rules and regulations imposed by any governmental authority; and (k) any other party to whom you authorise us to disclose your personal data | |
| 5 | Use of cookies |
| 5.1 | When you interact with us on our websites, we may collect or analyse anonymised information from which individuals cannot be identified (“Aggregate Information”), such as number of users and their frequency of use, the number of page views (or page impressions) that occur on the website and common entry and exit points into website. |
| 5.2 | CHITCHAT uses “cookies”, where a small data file is sent to your browser to store and track Aggregate Information about you when you enter our websites. The cookie is used to track information such as the number of users and their frequency of use, profiles of users and their preferred sites. |
| 5.3 | CHITCHAT may use an independent company (the “Third Party Market Research Company”) to measure and analyse the Internet usage across CHITCHAT web sites. CHITCHAT uses the Third Party Market Research Company’s services to collect the following core information on the usage of our web sites, including: |
| (a) The number of page views (or page impressions) that occur on CHITCHAT web sites; (b) The number of unique visitors to CHITCHAT web sites; (c) How long these unique visitors (on average) spend on CHITCHAT web sites when they do visit; and (d) Common entry and exit points into CHITCHAT web sites. | |
| 5.4 | This information is aggregated by the Third Party Market Research Company and provided to CHITCHAT to assist in analysing the usage of CHITCHAT web sites. Such data is also accessible by media organizations and research companies, for the purpose of conducting industry comparisons with other Internet portals. |
| 5.5 | Pages on CHITCHAT web sites may be coded with software which enables the Third Party Market Research Company to track visitors to our web sites. |
| 5.6 | Should you wish to disable the cookies associated with these technologies, you may do so by changing the setting on your browser. However, you may not be able to enter certain part(s) of our website.. |
| 6 | Third-Party Sites |
| 6.1 | Our website may contain links to other websites operated by third parties, such as our business partners. We are not responsible for the privacy practices of websites operated by third parties that are linked to our website. We encourage you to learn about the privacy policies of such third party websites. Some of these third party websites may be co-branded with our logo or trademark, even though they are not operated or maintained by us. Once you have left our website, you should check the applicable terms, conditions and policies of the third party website to determine how they will handle any information they collect from you. |
| 7 | Withdrawal, Access and Correction of your Personal Data |
| 7.1 | Should you wish to withdraw consent to use of your Personal Data or obtain access to or make corrections to your Personal Data records, please log in to the relevant account through which the Personal Data was provided, if any, failing which please contact the relevant Personal Data Protection Officer, on chat@chitchat.social |
| 7.2 | Please note that if your Personal Data has been provided to us by a third party, you should contact such party directly to make any queries, feedback, and access and correction requests to CHITCHAT on your behalf. |
| 7.3 | Please note that if you withdraw your consent to any or all use of your Personal Data, depending on the nature of your request, CHITCHAT may not be in a position to continue to provide its products or services to you or administer any contractual relationship in place, and this may also result in the termination of any agreements with CHITCHAT and your being in breach of your contractual obligations or undertakings, and CHITCHAT’s legal rights and remedies in such event are expressly reserved. |
| 8 | Governing Law |
| 8.1 | This Privacy Policy shall be governed in all respects by the laws of India. |
