PRIVACY POLICY

THIS PRIVACY POLICY (“PRIVACY POLICY”) SETS FORTH HOW DIGICITA LABS PRIVATE LIMITED USES AND PROTECTS ANY INFORMATION THAT YOU SUBMIT, ON THE PORTAL. THIS PRIVACY POLICY APPLIES ONLY TO PERSONAL INFORMATION COLLECTED ON THE PORTAL. BY ACCESSING OR USING THIS PORTAL, YOU UNCONDITIONALLY ACCEPT AND AGREE WITHOUT LIMITATION OR QUALIFICATION TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT PROCEED FURTHER TO USE THIS PORTAL. Access to the Portal (defined below) is subject to Terms of Use located at the Portal, capitalized terms used and not defined in this Privacy Policy, shall have the same meaning ascribed to them in the Terms of Use. 1. INTRODUCTION This Privacy Policy (“policy”) governs the privacy terms of the Portal (defined below), which is owned and operated by Digicita Labs Private Limited. (“Company”). The Portal (“Portal”) is an integrated online platform consisting of the “Thinkly” Mobile Applications ("Mobile App") and the website “www.thinkly.me” whereby the Users can avail the various social, e-commerce and marketplace services (“Services”) provided by the Company. The terms "we", “our” and "us" refers to Company and its affiliates, and the terms "you", “your” or the “Users” refers to you, the users having access to the Portal. 2. INFORMATION WHICH IS COLLECTED We may collect and store the following information in relation to the Services: When you register for an account, we collect your Personal Information including but not limited to, your name, mobile number, email address, shipment address, card details (if applicable) to create an account with the Portal. The User profile created shall consist of name, pictures, and other details as may be provided by you. Further, during your access and use of the Portal, we may learn and collect additional information from and about you which may become part of the Personal Information. For the purposes of this Privacy Policy, “Personal Information” means information that can be used to personally identify the User, including but not limited to the User’s name, address, telephone number, e-mail address, age, date of birth, any pictures or videos that the User may upload on the Portal, sensitive personal information in relation to the User, and similar other information. If you use a third-party service like Facebook or Google to log in to the Portal (or later connect your Facebook or Google account to your Thinkly account) you authorize that third party service to share your personal information with us, and us to receive such information, including but not limited to your name, mobile number and email address. We also collect the Personal Information when other users upload, import or share your photos, messages, contact information and or any other Personal Information belonging to you. We also collect the Personal Information with respect to your communication with other Users. We may collect Personal Information in form of details and documents you post on the Portal. The messages you send to us, and correspondence we receive from other user or third parties about your activities or postings on our Portal.

Access to the Portal (defined below) is subject to Terms of Use located at the Portal, capitalized terms used and not defined in this Privacy Policy, shall have the same meaning ascribed to them in the Terms of Use.

1. INTRODUCTION

Access to the Portal (defined below) is subject to Terms of Use located at the Portal, capitalized terms used and not defined in this Privacy Policy, shall have the same meaning ascribed to them in the Terms of Use.

 Access to the Portal (defined below) is subject to Terms of Use located at the Portal, capitalized terms used and not defined in this Privacy Policy, shall have the same meaning ascribed to them in the Terms of Use.

2. INFORMATION WHICH IS COLLECTED

We may collect and store the following information in relation to the Services:

Access to the Portal (defined below) is subject to Terms of Use located at the Portal, capitalized terms used and not defined in this Privacy Policy, shall have the same meaning ascribed to them in the Terms of Use.

If you use a third-party service like Facebook or Google to log in to the Portal (or later connect your Facebook or Google account to your Thinkly account) you authorize that third party service to share your personal information with us, and us to receive such information, including but not limited to your name, mobile number and email address.

We also collect the Personal Information when other users upload, import or share your photos, messages, contact information and or any other Personal Information belonging to you. We also collect the Personal Information with respect to your communication with other Users. We may collect Personal Information in form of details and documents you post on the Portal. The messages you send to us, and correspondence we receive from other user or third parties about your activities or postings on our Portal.

If you want to support a local business, you can choose to share information about it, in the form of a recommendation or by creating a Business Page.

If you want to help your community and Thinkly get to know you better, you may share information about yourself in your profile, including your interests, skills, or even what you love about your community.

If you want to connect and communicate with community members about specific interests, you may share information about your interests

If you want to communicate with your community members and share Content (as defined in our terms and conditions ), you might post something on the Portal.

If you want to allow us to show you where you are on your community map, tag your posts, photos and events by location, or verify your address (where available), you can share this in your settings.

If you contact support, you are providing us with your contact information and a description of the issue so we can respond.

Data: When you use, or access the Portal, we may also collect and store additional information which may or may not personally identify you or be identifiable with other information collected. Such information includes, without limitation, your device specific information when you install access or use our Services, your hardware model, operating system information, browser information, internet protocol address, device identifiers your usage and log information, information about your status in relation to our chat room services, browser types, domain name, device locations, and other data involving your use of the Portal and/or our Services.

Cookie data which comes from “cookies” (small data files stored on your computer or mobile device) and similar technologies. Cookie data helps us recognize you, remember your preferences, and learn more about you. Some, but not all cookie data is associated with your Thinkly account. You can configure your browser to reject cookies, but doing so may prevent you from logging into our Portal.

From third parties and public sources:

We engage third parties service providers and partners to provide us with your Personal Information, and we also use publicly-available sources, such as:

Our vendors provide us with map information in order to create and launch new communities.

Advertisers may provide us with information about their users or customers to personalize advertising or measure the performance of their advertisements.

Public sources, such as census data, street addresses, property lot maps, and postal address change information, provide us with information that helps us understand our members and potential areas for expansion.

Our vendors may provide information about members for advertising analytics, personalization, and measurement

3. ACCESS TO THE PORTAL

Our Portal is not aimed at children under 13 years of age and we will not directly collect, use, provide or process in any other form any Personal Information of children under the age of 13 years deliberately. In addition to being of the minimum required age to use our Portal under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf. If we learn someone under 13 is using Thinkly, we will terminate their account.

4. APPLICABLE LAW

This Privacy Policy is governed by the provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011, which is designed to protect Personal Information; other relevant laws, and the company policies.

5. HOW WE USE PERSONAL INFORMATION

The Personal Information is collected and used to: (i) provide Services; (ii) create and administer your accounts and to improve the quality and your experience of the Portal and Services, including but not limited to conducting audits and resolving any issues faced; (iii) improve our Services; (iv) manage our relationship with you and develop our present and future Services; (v) maintain and update our records; (vi) monitor suspected fraud, misconducts and unlawful activities and safety and security on the Portal. We will not sell, share or disclose your information with any third party without your consent, except as provided for in this policy. We may also collect Personal Information when you interact with our customer service in order to assist you and to improve the operation of the Portal and the Services we offer. We use business information to create Business Pages, which help Users learn about the businesses in their communities. For business or other special accounts, we may verify your address using third-party or publicly available sources, such as business listings or your website.

You agree that we may also use the Personal Information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted advertisements, service offerings and communications relevant to your use of the Portal. By accepting this policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications on your account preferences page.

6. DISCLOSURES

As a rule, we do not share your Personal Information with third parties. We won’t sell your personal information. We may share your personal information with third parties in limited circumstances, including:

Personal Information shared with other users:  As a default setting, the Personal Information you share is only shared with or displayed for the Users with whom you have connected or with whom you interact through the Portal. However, in the event you chose to share the Personal Information with public at large, your Personal Information shall be displayed on the Portal and shall be visible to any and all users or visitors of the Portal. In limited circumstances (for example, to highlight popular community resources or topics on the community’s home page), we may make short snippets of Content available, without your name or other identifying information, to the public (meaning non-members and search engines).

Service Providers: We share your Personal Information with Service Providers who are listed, integrated or engaged with the Portal or the Company for offering their services to you. As part of their services, these Service Provider may share your Personal Information with the Users of their choice.

Affiliates: We may provide Personal Information we collect, to our affiliates. For example, we may disclose Personal Information to our affiliates in order to respond to your requests for information or Services.

Joint Marketing Arrangements: Where permitted by law, we may share your Personal Information with joint marketers with whom we have a marketing arrangement, we would require all such joint marketers to have written contracts with us that specify appropriate use of your Personal Information, require them to safeguard your Personal Information.

Advertising:: You always have a choice as to whether or how you interact with an advertisement (for example, by replying or “thanking” them or by clicking to learn more about an offer). If you reply to an advertisement or other offer, we may share your reply with the advertiser, and we may log your interaction as part of tracking the overall effectiveness of the advertisement. Our systems are not currently configured to accept browsers’ “Do Not Track” signals, as no industry-wide standard for handling them has been adopted.

Business Partners: We may use certain trusted third party and individuals to help us provide, analyse, and improve the Services or provide marketing, developing, product development or consulting services, data storage, payment processing and other features related to the Service. These third parties may have access to your Personal Information only for purposes of performing these tasks and are under obligations similar to those in this Privacy Policy. We may disclose your Personal Information to service providers who perform business functions or hosting services on our behalf.

Persons Who Acquire Our Assets or Business: We transfer your Personal Information if we are acquired by / we acquire or merge with another entity or transfer a part of our business, including the Portal to a third party. Any third party or resultant entity that receives your Personal Information pursuant to a merger, demerger or business transfer shall have the right to continue to use your Personal Information. In the event of such a sale or transfer, we reasonably notify you.

Within the Digicita corporate family : We may share your information within our “corporate family”, including between Thinkly and Digicita Labs Pvt Limited and it’s associate companies, to help provide, maintain, and improve Thinkly. As we grow and Thinkly becomes available in more cities/countries, we may expand our corporate family by establishing local subsidiaries or other affiliates in these cities/countries as needed to help us provide Thinkly there.

Legal and Regulatory Authorities: We may be required to disclose your Personal Information due to legal or regulatory requirements. You understand that we may have to transfer and process information subject to applicable laws in India. s. We may also disclose your Personal Information to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce this Privacy Policy; respond to claims that any Personal Information violates the rights of third-parties; or protect the rights, property, or personal safety of the Company, our users or the general public. You agree and acknowledge that we may not inform you prior to or after disclosures made according to this section.

7. COOKIES

Our Portal may use "cookies" to enhance User experience. Cookies are small encrypted files, that the Application transfers to Your computer’s hard drive or on your mobile / tablet device or through any such device through which you may access the web through Your web browser that enables the Application to recognize your browser and capture and remember certain information.

8. DATA RETENTION

We will retain your Personal Information for as long as your account is active or till the time we are required to provide you the Services. We may retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information, upon reasonable request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions. In addition, we do not delete from our servers’ files that you have in common with other users.

9. SECURITY

We value your Personal Information; we will ensure an adequate level of protection. We have therefore implemented technology and policies with the objective of protecting your Personal Information from unauthorised access and improper use and will update these measures as new technology becomes available, as appropriate. To protect your Personal Information, we have implemented adequate technology. Your Personal Information is securely stored at with our cloud service provider or technology infrastructure, as may be used by the Company, from time to time.

As a matter of security, we take back-up of systems periodically. Although we provide appropriate firewalls and protections. Our systems are not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible and we take no liabilities or responsibilities for it.

You are solely responsible for all actions of your user account and password. Therefore, we do not recommend that you disclose your password to any third party. If you choose to share your user account and password or any Personal Information with third parties, you are solely responsible for the same. If you lose control of your password, you may lose substantial control over your Personal Information and may be subject to legally binding actions.

10. INTERACTION BETWEEN YOU AND THE COMPANY

We are interested in your views, and we value the Feedback (defined below) we receive from you, we therefore have set up blogs and chat rooms for providing better Services and to receive your feedbacks. However, we do not have control or are responsible for any such Feedback or the Personal Information which you make available through these chat rooms or the Portal. We encourage you to be careful about what Personal Information you disclose in this way. Subject to any applicable law, any communication sent by you through the Portal or through the blogs or chat rooms or otherwise on the Portal to us (including without limitation contents, images, audio, feedback etc. collectively "Feedback") is on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing or otherwise using it in any way or for any purpose. Your submission of any Feedback shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Feedback. For this reason, we ask that you do not send us any Feedback that you do not wish to assign to us, including any confidential information, Personal Information or any original creative materials. You shall be responsible for the content and information contained in any Feedback sent by you to the Portal or otherwise to us, including without limitation for its truthfulness and accuracy.

In the event, you participate in any interactive features of the Portal, participate in a survey, contest, promotion, sweepstakes, activity or event, request customer support, communicate with us via third party social media sites or otherwise communicate with us, we collect the data you submit for such participation, which may also include Personal Information. We would use such data, as per the terms of this Privacy Policy.

11. ACCESSING AND MODIFYING PERSONAL INFORMATION

In case you need to access, remove, review, and/or make changes to the Personal Information that you have provided to us, you may do so by login into your User Account. You may change your contact number, photos, status messages your name etc. You can make changes in your profile at any time by accessing the Portal settings. You understand that the Company shall not verify or authenticate the changes made to the Personal Information made by you and therefore you take entire responsibility of such changes. You confirm that such changes shall be in accordance with the terms and conditions of this Privacy Policy.

12. THIRD PARTY LINKS

The Portal may from time to time contain hyperlinks to other websites or applications. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our Portal to another website or Portal does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or services which they provide. Company is not a party to any transaction between you and such website. Your use of such website is subject to the terms and conditions of that website, without any reference to this Portal.

13. INDEMNIFICATION

You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to: (i) Personal Information and contents that you submit or share on the Portal (ii) any products you sell through the portal, (iii) your violation of any rights of any other person in connection with the Portal.

14. RESERVATION OF RIGHTS

All rights not expressly granted in this policy are reserved by the Company. Nothing contained in this Privacy Policy shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Company or any other person or to any other user.

15. LIMITATION OF LIABILITY

Company will not be liable for any damages, direct or indirect, incidental or consequential, and all liabilities including for negligence, loss or damage such as loss of revenue, unavailability of system or loss of data and loss of your Personal Information and for use of or inability to use Services of any kind that is offered or to provide indemnity or any other remedy to you or any third party.

16. GOVERNING LAWS AND DISPUTES

This Agreement shall be construed and governed by the laws of India without regard to principles of conflict of laws. The courts in Mumbai, India shall have an exclusive jurisdiction over any disputes arising under this policy.

17. CHANGES TO THIS POLICY

Amendments to this policy will be posted to this Portal and will be effective when posted. Your continued use of this Portal following the posting of any amendment, modification, or change shall constitute your acceptance of the amendment. We request you to check this policy on a periodic basis to ascertain if any additional considerations are involved with regard to your Personal Information.

18. COMMUNICATIONS FROM THE PORTAL:

Special Offers and Updates.We may send You information on the products, Services, special deals, and other services of the Company. Out of respect for User’s privacy, we present the option to not receive these types of communications. User may unsubscribe via the unsubscribe mechanism provided in each such communication or by emailing us at the email address, provided below.

Service Announcements.On certain occasions or under law, we are required to send out service or Portal related announcements. We respect User’s privacy, however User may not opt-out of these communications. These communications would not be promotional in nature.

19. DELETE ACCOUNT

For deleting your account information, please send an email to help@thinkly.me from the registered email id and we shall do it within 48 business hours.

20. CONTACT US

If you have questions or concerns or grievances regarding this policy, you can contact us as per this policy, or wish to make a complaint, please contact us at help@thinkly.me.
Registered Office : 530 Avior Corporate Park, Nirmal Galaxy, L. B. S. Marg, Mulund West, Mumbai 400080