The user of this Website (“User”) agrees to be bound by the terms and conditions of this privacy policy (“Policy”). In the event the terms and conditions of the Policy are not agreeable to the User, the User is requested to refrain from using this Website.
Vivaan Classes Private Limited (“VCPL”) is concerned about the privacy of the data and information of the Users accessing the website – ‘www.teachergyan’ or mobile applications- ‘Vivaan Classes – NCERT Class 1 – 10’ and the other associated/ancillary applications, products, websites and services managed by VCPL (“Website”) and otherwise engaging with VCPL through the Website. This Policy is a legally binding document between the User and VCPL. The terms of this Policy will be effective upon the User’s acceptance of the same (directly or indirectly in electronic form, by clicking on the “I accept the Privacy Policy” tab or by use of the Website) and will govern the relationship between the User and VCPL. This Policy forms an electronic contract within the provisions of the Information Technology Act, 2000 (“IT Act”), the rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the IT Act, from time to time. This Policy does not require any physical, electronic or digital signature. This Policy shall, at all times be read and construed in consonance and along with the terms of use and access of the Website (“T&C”). VCPL will not differentiate between who is using the device to access the Website, so long as the log in/access credentials match with yours. In order to make the best use of the Website and enable your Information to be captured accurately on the Website, it is essential that you have logged in using your own credentials. This Policy highlights inter alia the type of data shared/collected from a User in the course of the User’s usage of the Website. The Policy further intends to apprise the User of the purposes for which the data of the User is collected and the Website’s policy with regard to sharing such personal information with third party entities. The terms “We”/ “Us”/ “Our” individually and collectively refer to and are synonymous with the term ‘Bodhi AI’ and the terms “You” / “Your” / “Yourself” are to be construed to be synonymous with the term ‘User’. All defined terms used within this Policy but not specifically defined herein shall draw their meaning from the definition ascribed to such term under the T&C.
1. COLLECTION OF INFORMATION
Bodhi AI may during the course of the User’s usage of the Website collect the following personal and nonpersonal information and such other information from the Users for accessing the Website (“Information”), as part of the voluntary registration process, any online survey or interaction on the Website or combination thereof, as may be required from time to time. The Information shall be collected in order to conduct operations on the Website. The Website collects or can request the below-mentioned Information from the Users-
1.1 Personal Information:
(i) Name of the User;
(ii) Phone number (mobile and/or residence and/or alternative) of the User;
(iii) Gender of the User;
(iv) Date of birth of the User;
(v) Address (official/residence/other) of the User;
(vi) Email Id (primary/alternative) of the User;
(vii) Personal information received from social networking sites through which the User has registered to the Website including name, profile picture, email address or friends list, and any information made public in connection with that social media service;
(viii) Internet protocol (IP) address of the User; and (ix) Sensitive personal data such as passwords and payment details.
1.2 Non-personal information:
(i) Details of internet or telecom service provider of the User;
(ii) Location of a User;
(iii) Type of internet browser being used by the User; and
(iv) Such other information that may be required to access and operate the Website.
1.3 Please note that in addition to the above, the duration of use of the Website by the User may also be logged and stored by the Website.
1.4 The Information may be collected and/or stored in electronic form, however, Bodhi AI is hereby authorized by the User to collect/store such information in physical form as well.
1.5 The Website may share the Information of a User with any third-party entities subject to such entities adopting reasonable safety standards with respect to the use of such Information.
2. REPRESENTATION AND WARRANTIES
Every User hereby represents and warrants to VCPL that:
(a) all Information provided by the User is true, correct, current, and updated;
(b) all Information provided by the User and the provision of such information by the User does not in any manner violate any third-party agreement, law, decree, order, or judgment;
(c) all Information provided by the User does not belong to any third party, and if it does belong to a third party, the User is duly authorized by such Third Party to use, access, and disseminate such Information;
(d) the officers, directors, contractors, or agents of VCPL shall not be responsible in any manner whatsoever with regard to the authenticity or veracity of the Information that a User may provide to the Website; and
(e) the User shall indemnify and hold harmless VCPL and each of its officers, directors, contracts, or agents and any third party relying on the Information provided by the User in the event the User is in breach of this Policy. VCPL represents and warrants to every User that:
(a) it shall not collect the User’s sensitive personal data unless such sensitive personal data is collected for a lawful purpose for which such collection of data is necessary;
(b) it shall not retain any sensitive personal data for longer than such sensitive personal data is required or can be lawfully used;
(c) in the event VCPL collects Information directly from the User, VCPL shall make a reasonable effort to apprise the User of the purpose of such collection of Information, the intended recipient of the Information, and the details of the agencies collecting and retaining the Information; and
(d) it has in place the security practices and procedures prescribed under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“IT Rules”).
3. PURPOSE AND USE OF INFORMATION
All Information collected/stored by the Website shall be used for: (a) [providing information about new educational products and services to the Users; (b) to continually improve the existing Website and service offerings; (c) to conduct research and surveys; (d) to implement the necessary security practices to ensure that all personal data are protected; (e) to administer the User accounts in the normal course of business; (f) to contact the Users in case where fraud, illegal activities or breach of privacy is recorded; (g) to enable the employees of or persons acting on behalf of VCPL to communicate with the User, as and when necessary, in order to provide the services requested by such User; (h) such other purposes that VCPL, at its sole discretion, however subject to the principles contained in this Policy, may deem fit.
4. SHARING OF INFORMATION
4.1 Every User hereby expressly agrees that VCPL may share the Information collected from such User with its affiliates, employees, and such other individuals and institutions located within or outside India from time to time to ensure efficient management of Website traffic, to detect and prevent identity theft and other illegal acts, and to respond to legal, judicial, quasi-judicial law enforcement agencies or in connection with an investigation on matters related to public safety, as required and permitted by law and for such other purposes that Bodhi AI may deem fit from time to time.
5. COOKIES AND THIRD-PARTY WEBSITE LINKS
The Website sends cookies (small files containing a string of characters) to your computer, thereby uniquely identifying your browser. Cookies are used to track your preferences, help you login faster, and are aggregated to determine user trends. This data is used to improve offerings, such as providing more content in areas of greater interest to a majority of users. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent.
Disclaimer: Some of the Website features and services may not function properly if your cookies are disabled. The Website may contain links that will redirect the Users to third-party websites that may have access to the personal information of the User to which this Policy shall not be applicable. Thereby, every User agrees and acknowledges that accessing third-party websites through links provided in the Website will solely be at the User’s discretion. Additionally, VCPL shall under no circumstance be held liable for breach of privacy by such a third-party website nor shall it be liable for any objectionable content that may be displayed on such a third-party website. The Website may contain links to other websites, however, every User agrees and acknowledges that the Website shall not be responsible for the privacy practices of other third-party websites which it does not own, manage or control.
6. PROTECTION OF INFORMATION
6.1 VCPL understands and acknowledges the importance of security and protection of the Information provided by and/or collected from the Users. Pursuant to the same, VCPL shall make the best efforts to ensure protection of Information by use of such security measures and programs that it may deem fit for the purpose. We shall employ best efforts to protect the Information against any unauthorized, illegal and fraudulent use of such Information by third parties.
6.2 Notwithstanding anything to the contrary, VCPL shall not be held responsible for any loss, damage or misuse of the Information caused to the User, if such loss, damage or misuse is attributable to an event beyond the control of or attributable to VCPL or a force majeure event.
6.3 VCPL shall ensure that the Website shall adopt appropriate encryption and security measures to prevent any hacking of the information of the Users and third parties and shall ensure that the User shall not be required or asked to disclose any Information, which may be prejudicial to the interests of the User. Currently, the content available on the Website is encrypted with AES 256 encryption where the data transfers are secured with HTTPS secured protocols and video content is delivered through HLS protocols.
6.4 VCPL shall use the Information collected from the Users in accordance with applicable laws including but not limited to the IT Act and the rules made thereunder and use the Information only for the purpose for which it was furnished.
6.5 VCPL has appropriate physical, electronic and managerial procedures in relation to the Website. The servers of the Website are accessible only to the authorized personnel and any Information of the User shall be shared with the authorized personnel only on a need to know basis to facilitate the services requested by the User. VCPL shall endeavour to safeguard the confidentiality of a User’s personally identifiable information, however, the transmissions made by means of the Internet cannot be made absolutely secure by the Website. The User agrees and acknowledges that VCPL shall not be liable for disclosure of any information due to errors in transmission or any unauthorized acts of third parties.
6.6 The User agrees and acknowledges that VCPL shall be entitled to share the Information where such sharing is necessary for the lawful performance of the contractual obligations existing between VCPL and the User and for such purposes as it may deem fit, however, the disclosure of Information shall be in accordance with this Policy, the IT Act and the rules made thereunder.
7. OPTION TO OPT-OUT AND WITHDRAWAL OF INFORMATION
7.1 The User has the option of not providing its Information to VCPL. Further, Information provided and/or collected by VCPL may be withdrawn at any time during or pursuant to usage of the Website by a User. Users desirous of withdrawing the Information shall send an email to the grievance officer and request for such withdrawal. Bodhi AI may subsequent to such withdrawal of information, at its sole discretion continue or discontinue the provision of its services to such User.
8. GRIEVANCE REDRESSAL
The User may, report violation of breach of privacy, Information or identify theft or grievances in relation to the Information shared, collected, stored or disseminated by VCPL in relation to the Website, to the grievance officer. The details of the grievance officer are as below: Grievance Redressal Attendant: BABITA KUMARI Address: 2nd floor, Rudra Residency, Vaishali Estate, Jaipur, Phone Number: +91 9413976702, E-mail Address: service.teachergyan[at]gmail.com.
9. UPDATION OF POLICY
VCPL reserves the right to change or update this Policy at any time. The User shall be notified of any change to the Policy having the effect of curtailing or limiting the existing User rights under the Policy. Any such changes or updates of the Policy shall be immediately effective upon posting to the Website and your continued use is deemed approval of all such changes.
10. GOVERNING LAW AND JURISDICTION
In the event of any dispute arising between the parties with respect to this Policy, the same shall be referred to the sole arbitrator and the arbitration shall be in accordance with Arbitration and Conciliation Act of 1996. The language of arbitration proceeding shall be English. The seat and place of arbitration shall be in India and the decision of the Arbitrator shall be final and binding on both parties herein. This contract shall be subject to the exclusive jurisdiction of courts in India and shall be governed by the Indian laws.
11. USE OF THE WEBSITE BY CHILDREN
To register on the website, you must meet the Age Requirements specified hereinbelow. If you are a ‘Minor’ or ‘Child’, i.e., an individual who does not meet the Age Requirements, then you may not register on the website, and only your parent can register on your behalf, agree to all website Terms and Conditions and enable access to you under their guidance and supervision.
While some of our services may require the collection of a Minor or Child’s personal information, we do not knowingly collect such personal information. In the event a Minor or Child utilizes the website, it is assumed that he/she has obtained the consent of the parent / legal guardian and such use is made available by the parents or legal guardian.
VCPL will not be responsible for any consequences that arise as a result of misuse of our website, which may occur by virtue of any person including a Minor or Child registering on the website. VCPL reserves the right to terminate your subscription and/or refuse to provide you with access to the website if it is discovered that you do not meet the Age Requirements and the consent to use the website is not given by your parent / legal guardian. We will also take the necessary steps to remove such information from our servers.
If you are a parent / legal guardian and know that your child has provided us with personal information without your consent, please contact us at www.teachergyan.com & [email protected].
If your child faces bullying, abuse, or harassment while availing of our Services, please get in touch with us at [email protected].
Age Requirements to register and use the website (“Age Requirements”):
If you are a resident of India, then you must have attained at least eighteen (18) years of age, to register and use the website, or else act under parental consent.
If you are a resident of Australia, then you must have attained at least eighteen (18) years of age, to register and use the website, or else act under parental consent.
If you are a resident of Singapore, then you must have attained at least thirteen (13) years of age to register and use the website, or else act under parental consent.
If you are a resident of South Korea, then you must have attained at least fourteen (14) years of age to register and use the website, or else act under parental consent.
If you are a resident of Vietnam, then you must have attained at least sixteen (16) years of age to register and use the website, or else act under parental consent.
