Privacy Policy

OVERVIEW

The following privacy policy (“Policy”) relates to use of the technology platform and website www.fankind.org (“Platform”) provided by ANOM TECH LLP, a limited liability partnership incorporated and registered under the Limited Liability Partnership Act, 2008 for facilitating charitable contributions to established charitable organizations [in India] (“Services”). This Policy is issued for Fankind on behalf of ANOM TECH LLP, so when we mention “Fankind”, “Platform”, “we”, “us” or “our” in this Privacy Policy, we are referring to the above-mentioned technology platform and website controlled and operated by ANOM TECH LLP, the legal entity responsible for collecting and processing your data. This Policy governs the privacy of the users who choose to use such Platform.

The Platform is used by donors to the charities (hereinafter referred to as the “User/you/your”) for availing our Services. We aim to help the cause of raising funds for charities with a technology Platform which allows them to connect with Users and donors. The Platform provides an opportunity for “once-in-a-lifetime experiences”, allowing fans, celebrities and charities to come together to create magical experiences and memories that work towards the greater good. Any reference to “User/you/your” refers to visitors on the Platform regardless of whether they access the Services or consummate any transaction on the Platform. By using the Platform provided by Fankind, the User is accepting and consenting to the practices described in this Policy.

Fankind is committed to protecting and respecting every User’s privacy and aims to keep its Users abreast with its Policy in relation to the same. This Policy (together with the Terms of Use) sets out the basis on which any personal data that Fankind collects from the Users or that Users provide to Fankind, will be processed, preserved and shared by Fankind. This Policy must be read carefully to understand Fankind’s views and practices regarding the User’s personal data and how Fankind will treat it.

For the purposes of Information Technology Act, 2000, the body corporate collecting the User’s information is Anom Tech LLP. We will comply with all applicable data protection laws and regulations and will co-operate with data protection authorities.


USER CONSENT

You consent to the collection, receiving, possessing, storing, dealing, sharing and/or handling of your personal information by us in the manner and to the extent provided under this Policy, as may be modified by us from time to time.


SCOPE

This Policy applies to all non-public, online and offline, collected, stored, processed, transferred and used personal data of the customers, consignors, shippers, employees, brokers, agents, contractors, fleet owners, drivers and others who share their personal data with us.

The Platform is not intended for use by children without consent of the parent/legal guardian. We do not knowingly offer Services on the Platform to persons below the age of 18 years or knowingly collect information of persons below 18 years of age without the parent/legal guardian’s consent. The information of such persons is not knowingly retained by us and we reserve the right to cancel the accounts of such persons. In case the parent/legal guardian of a person below 18 years of age becomes aware of use of the Platform and its Services without such parent’s/legal guardian’s consent, the parent may contact the Grievance Officer stated at Clause 21 of this Policy.


COMPLIANCE WITH APPLICABLE LAWS

You represent and warrant to us that you will comply with all the laws that are applicable to you. We shall not, in any case, be responsible for non-compliance by you with applicable laws. We shall not be liable to indemnify any third party for non-compliance on your part with applicable laws.


INFORMATION COLLECTED BY THE COMPANY

Information given by Users to Fankind

You may give information to us about yourself by filling in forms on the Platform or by corresponding with us over phone, e-mail or otherwise. This includes information that you provide when you register to use the Platform, download and complete various forms and documents, subscribe to publications and newsletters, request any marketing material be sent to you, participate in discussion boards or other social media functions on the Platform, enter a competition, promotion or survey, or when you provide us any form of feedback on the Platform.

The information that you give us may include inter alia your name, age, date of birth, mailing address, e-mail and other social media addresses, phone number, personal description, photograph, Aadhaar card details, PAN and passport number. We may require you to share further information, subject to your consent, to qualify for certain experiences that are a part of this Platform.

Information that Fankind collects about the Users

With regard to each of your visits to the Platform and in addition to the above-mentioned information about you, we may automatically collect the following information:

  • technical information, including the internet protocol (IP) address used to connect the User’s phone or tablet to the Internet, User’s login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
  • information about the User’s visit, including the full uniform resource locators (URL) clickstream to, through and from the Platform (including date and time); products or services viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

We may also use for the purposes set out under this Policy, certain information that you may post on the social media pages of Fankind including but not limited to on Facebook and Instagram (subject to the applicable terms and policies) etc., and you hereby expressly consent to such use.

Information that Fankind receives from other sources

  • We also work closely with third parties (including for example, business partners, payment and delivery services, advertising networks, analytics providers, search information providers, etc.) and may receive information about you from them.
  • Information relating to income and expenses obtained through bank SMS scraping and through integration with such service providers, credit related information that is collected from other sources like the credit bureau, information collected through Facebook, Twitter, LinkedIn or other social media accounts of the Users which have been linked to the account on the Platform.

Sensitive Personal Data and Information

We will not solicit any “sensitive personal data and information” on the Platform in relation to you unless required for providing Services. This Sensitive Personal Data or Information is collected after taking your consent and by accepting the terms of this Policy, you agree to the disclosure of your sensitive personal data or information by Fankind.

“Sensitive personal data or information” of a person (as defined under Rule 3 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011) means such personal information which consists of information relating to:

  • password;
  • financial information such as bank account or details related to credit card or debit card or other payment instrument details;
  • physical, physiological and mental health condition;
  • sexual orientation;
  • medical records and history;
  • biometric information;
  • any details relating to the above clauses as provided to body corporate for providing service;
  • any information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.

Any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or under any other law would not be regarded as sensitive personal data or information for the purposes of this Policy.


WARRANTY BY THE USER OF INFORMATION PROVIDED

You shall not provide any false, deceptive or misleading information on the Platform or by any other means to Fankind under any circumstances whatsoever. You shall also ensure that if there is any change in any information or details provided at the time of creation of a registered account or otherwise, you shall promptly update us of such change, as the case may be, and continue to keep all information updated and correct at all times.

You shall ensure that before posting any information on the Platform or submitting the same to us, you have all necessary rights, ownership, authorization or permissions to submit or share such information on the Platform or with Fankind, or to otherwise act on behalf of any person whom you purport to act on behalf of.

We may remove, at our sole discretion and without being obliged to give notice or reasons, any information submitted on the Platform in the event that such information does not comply with laws, rules or regulations for the time being in force, or if the same violates our policies or rights of third parties, or which otherwise violates or does not comply with the terms or which we deem is otherwise inappropriate.


COOKIES

The Platform uses cookies to distinguish you from other users of the Platform.

Cookies are small data files that a website stores on your device that store and track information about your use of the Platform. Like most organizations, in order to provide for a better user experience, we use cookies that are placed on your device to store non- personal information and our web server automatically collects and aggregates information about your visit including, but not limited to, your IP address, service provider, browser type and operating system. [While cookies have unique identification numbers, personal information (name, account number, contact numbers, etc.) shall not be stored on the cookies.] This information does not personally identify you and we analyse this aggregated information only to optimize your experience and enhance the quality of time spent with us online.

Each Cookie session is valid for a period of 30 days from the moment you visit the Platform You may be able to block cookies, erase them once they have been stored, or receive a warning before a cookie is stored, to the extent of your internet browser’s functionality and settings. You should refer to your internet browser’s Help section for more information. We suggest that you do not disable/interfere with use of Cookies on the Platform, by changing you internet browser settings, in order to have a smooth experience of the Platform and our Services.


USE MADE OF THIS INFORMATION

We value your relationship with us and will, at all times, strive to ensure your privacy and take all reasonable steps to protect your information from misuse and keep it secure. We value the trust that you have placed in us by giving us your personal information. Fankind will always use your personal information in a way that is fair and worthy of that trust.

Information that the User gives to Fankind

    We will use this information:
  • To provide you with information about our services;
  • To process your order/ transaction;
  • To send you the tax-exempt certificate where applicable by our philanthropy partner;
  • To contact you if you have been chosen as the winner of an experience;
  • To provide you, or permit selected third parties (acting on our behalf in relation to our services) to provide you, with information about our services that we feel may interest you;
  • To notify you about changes to our services;
  • To ensure that content from the Platform is presented in the most effective manner to the you and for your device;
  • To monitor metrics such as total number of views, visitors, traffic and demographic patterns;
  • To comply with /report to administrative and judicial authorities, as may be required under applicable law.

Information Fankind collects about the User

    We will use this information:
  • To administer and improve the Platform and the services provided thereon and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • To allow you to participate in interactive features on the Platform, when you choose to do so, and make suggestions and recommendations to you regarding the Platform about goods or services that may interest you;
  • As a part of our efforts to keep the Platform safe and secure;
  • To measure or understand the effectiveness of advertising that we serve to you and others, and to deliver relevant advertising to you and others;
  • To design and improve the products and services, customer relationship management processes to operate the business.
  • To comply with applicable laws and regulations of India.

Information that Fankind receives from other sources

We may combine this information with information that you provide to us and also information that we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).


DISCLOSURE OF USER INFORMATION

We may share your information with any member of our group, which means subsidiaries, associate companies and our ultimate holding company, as defined under applicable law or with third parties and when required to be disclosed under applicable law. We may also share your name, address, e-mail ID, PAN, amount of Donation and other related information you provide us, with our third-party partners from time to time. However, we require all third parties to respect the security of your information that we provide and to treat it in accordance with the law.

However, Sensitive personal data or information will not be published by us or by any third party. We will share your information including Sensitive personal data or information in the event we sell a part or whole of our business to a buyer. In such a situation, we will strive to ensure confidentiality of your information and will provide you with a prior notice that your information is transferred and/or is subject to a different policy.


INFORMATION THAT FANKIND DOES NOT COLLECT

    We do not collect the following information from you:
  • Payment data, which includes your credit/debit card number, cheque number, bank account details, etc. This is collected and processed directly by a third party, i.e., the payment gateway, payments processor, etc., who will have separate policies regarding collecting and processing your information that you provide.
  • Biometric information;
  • Medical records.


DATA RETENTION AND SECURITY

The data that we collect from you may be transferred to and stored at, a destination outside India as well. However, in most instances, it will be processed in India. By submitting your personal data, you agree to any such transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy and other applicable laws of India including the Information Technology Act, 2000 and rules and regulations thereunder. The data collected by us will be retained for reasonable periods of time, in accordance with specific policies or as required by law. The data collected for a specified purpose will only be used for that purpose and, unless that information is otherwise required to be retained, after a reasonable period of time, the data will no longer be actively stored when that purpose has been fulfilled.

We value our relationship with all Users and take great efforts to keep the information you provide us secure by using systems such as the CodeIgniter encryption library and other algorithms which encrypt all or some of the information you provide us on the Platform.


USER RIGHTS

You have the right to ask us to not process your personal data for marketing purposes. We will inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. [You can exercise your right to prevent such processing by checking certain boxes on the forms that we use to collect your data.] You can also exercise this right at any time by contacting us at [email protected]

You have a right to withdraw your consent given to us for collection, processing, storing, etc. of any information provided by you, at any time and you may do so by sending an email to us at [email protected]. In case you do not provide or later withdraw your consent, we have the option to not provide services for which the said information was sought.

Residents of the European Union - EU privacy/data protection rights

EU General Data Protection Regulation (GDPR) has provided the below rights to EU residents:

  • Right to information - including contact details to the Data Protection Officer (DPO), the purposes for processing Personal Information and the rights of the individual.
  • Right to access your Personal Information that is processed
  • Right to erasure - You have the right to request that we erase your personal data, under certain conditions.
  • Right to rectification - You have the right to request that we correct any information you have provided and you believe is inaccurate. You also have the right to request us to complete the information you believe is incomplete.
  • Right to restriction of processing - You have the right to request that we restrict the processing of your personal data, under certain conditions.
  • Right to data portability - You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
  • Right to object - You have the right to opt-out of letting us process your personal data, under certain conditions, unless we otherwise have compelling legitimate grounds
EU residents can exercise these rights by raising a request directly with our Data Protection Officer (DPO) at [email protected]


LINKS TO OTHER WEBSITES

The Platform may contain links to other websites of interest or to other third party sites, such as payment gateways. We are not, in any way, related to or otherwise associated with such third-party entity/websites and we do not guarantee or otherwise endorse any content and/or security of such websites. However, once you have used these links to leave the Platform, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this Policy. You should exercise caution and look at the policy applicable to the website in question. In no event, shall Fankind be liable for any loss, damage, claim or expense caused as a result of accessing these third-party websites and/or any of their features.


CHANGES TO THE PRIVACY POLICY

Any changes that we may make to this Policy in the future will be posted on this page and, where appropriate, notified to the User by e-mail. You are requested to check back frequently to see any updates or changes to this Policy.


NO REPRODUCTION

The Platform and the content provided thereon may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in an unauthorized manner. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of the Platform and/or the materials contained therein may violate applicable copyright, trademark or other intellectual property laws or other laws.


COMMUNICATIONS

You hereby expressly consent to receive communications from us and/or third parties authorized by you through your registered phone number and e-mail ID. You agree that any communication so received by you from Fankind and/or any third parties authorized by you, will not amount to spam, unsolicited communication or a violation of their registration.


INDEMNITY

You agree to defend, indemnify and hold Fankind, its affiliates and its respective officers, directors, employees, agents and representatives harmless from all claims, demand or actions including reasonable attorneys’ fees made by any third party or penalty imposed due to or arising out of the User’s breach of any of the Terms of Use, this Policy and other policies of Fankind and any of the User’s activities conducted in connection with the Platform.


SEVERABILITY

The invalidity or unenforceability of any part of this Policy shall not prejudice or affect the validity or enforceability of the remainder of this Policy. If any provision of this Policy is held to be illegal, invalid or unenforceable in whole or in part in any jurisdiction, this Policy shall, as to such jurisdiction, continue to be valid as to its other provisions and the remainder of the affected provision; and the legality, validity and enforceability of such provision in any other jurisdiction shall be unaffected.


TESTIMONIALS AND SHARING USER INFORMATION ON THE PLATFORM

We may display personal testimonials of satisfied customers on our Platform in addition to other endorsements. With your consent, we may post your testimonial along with your name. We may also display on the Platform or share with third parties, with your prior consent, any information that you may provide to us at any point subsequent to you availing our Services. If you wish to update or delete your testimonial and/or other information that we may have made public with your prior consent, you can contact us by email at [email protected].


GOVERNING LAW AND JURISDICTION

These terms and the relationship between you and us shall be governed and construed in accordance with the laws of India.

Any dispute arising under this Policy shall be settled by an amicable discussion between the User and us. Where the parties are unable to reach an amicable settlement within 30 (thirty) days of the dispute, the parties shall have the right to bring a suit in relation to the dispute.

You agree that all claims, differences and disputes arising under or in connection with or in relation to the terms or any transactions contemplated herein shall be subject to the exclusive jurisdiction of the courts at Mumbai (Maharashtra) and you hereby accede to and accept the jurisdiction of such courts.


CONTACT INFORMATION AND GRIEVANCE REDRESSAL MECHANISM

We welcome questions, grievances, comments and concerns about the Policy from you. You can contact Fankind’s Grievance Officer, by sending an email at [email protected].

Last Updated on 1st November 2019