TRUSTAT

Privacy Policy

This TRUSTAT Terms of Service and Privacy Policy Agreement (the “Agreement”) sets forth the terms and conditions governing use of TRUSTAT - Mobile Application (the “TSMA” or the “Application”) downloaded or otherwise acquired by User that is designed to operate on any device or devices User own or control including but not limited to Android and Apple iOS mobile operating system based devices (the “Device”).

Effective Date

The effective date of this Agreement is the date on which User start using the TSMA by agreeing and/or tapping the “AGREE AND CONTINUE” button of TSMA immediately after downloading the TSMA. User acknowledges that this Agreement is entered into by and between User (as user of TSMA) and Innovigent Solutions Private Limited (the “ISPL” or “Owner”), a private limited company incorporated and registered in the state of New Delhi in India, which owns and runs the TSMA.

TSMA or Application Registration

Registration as a process is mandatory for each consumer using TSMA. In the process of registration, details as regard the correct name and mobile number need to be given. User agree to provide necessary access to various contents, fields, software, data and hardware’s of User Device and/or receives text messages or notifications from us towards facilitation of registration with TSMA. TSMA registration necessitates permission to use User information on User Device including but limited to contacts, Device photos, camera, and Device location. Please grant such permissions, failing which the registration process will not be completed and usage of TSMA may be affected. User can access and change user profile settings for the TSMA settings menu on User Device. Uninstallation methods vary depending on User Device. To uninstall the TSMA, please consult User Device manual.

ISPL will offer its services of TSMA (the “Service”) as enabler and medium to various Third Party or Third Parties (the “Third Party”) who may use TSMA for various kinds of offers or services including but not limited to product promotions, advertisements, surveys, loyalty programs, messaging, product authentication, product registration in respect of their respective products and services (the “Promotions”).

By using the TSMA, User hereby irrevocably agree and confirm that User have solely and exclusively relied on Promotions of such Third Party, and User shall not hold ISPL, TSMA or any of its authorized representatives liable in any form including but not limited to in case of any non-performance, injury, death, incorrect information, losses from the product information, the product usage of the product and its service or otherwise. TSMA may contain links to Third Party data or resources. TSMA and ISPL are not responsible for the availability of Third Party links or resources linked to the TSMA, and do not endorse and is not responsible or liable in any form for such products and Promotions. The transactions in any form that occur between User and Third Party is strictly between User and Third Party, and ISPL would are not the responsible towards such transaction.

As ISPL and TSMA are not responsible for the availability or accuracy of these Third Party Promotions, data, products, resources or their contents, User should independently review the terms and conditions and privacy policies of the Third Party, as their policies may differ from ISPL or TSMA. ISPL of its own have no warranty obligation hereunder and give no guarantees in any form with respect to the TSMA and its usage and/or in relation to the Third Party Promotions, products featured, products bought, products registered, products promoted and its performance, using the TSMA. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure or any loss will be sole responsibility of the respective Third Party who has agreed with ISPL to feature its Product(s) and Promotions to User using the TSMA. To the extent permitted by the Applicable laws, TSMA excludes any implied warranties or conditions, including, without limitation, any warranties or conditions of quality, performance, results, durability, title, merchantability, fitness for a particular purpose and non-infringement arising by statute or otherwise in law or from a course of dealing or usage of trade arising out of or related to this Agreement or arising out of or related to any associated programs, processes, products or services or their performance or their failure to perform. TSMA shall not be responsible for any breach of this Agreement. User agree and acknowledge that ISPL is not responsible for addressing any claim User or any third party may have relating to the Third Party products or services featured, products bought, products registered, products promoted in any form and its performance, using the TSMA.

Amendment to this Agreement

ISPL reserves the right to update, revise, supplement and otherwise, modify, amend this Agreement from time to time at its sole discretion, and by using the TSMA User hereby irrevocably consent for the same. Any such changes to this Agreement will be effective immediately for new users of the TSMA and immediately after notification, by way of posting a notice on the ISPL website https://innovigent.in/privacy-policy, for existing users of TSMA. Existing users of the TSMA are encouraged to review this Agreement periodically for changes. If User do not wish to accept any such changes to the Agreement, please discontinue using the TSMA by deleting the same from User Device. User continued use of the TSMA following notification on ISPL website as stated above constitutes User irrevocable acceptance of those changes.

Grant of license to User

(a) ISPL grants to User a non-transferable, non-exclusive and revocable license to install one copy of the TSMA on User Device and use the TSMA according to the terms and conditions set forth in this Agreement.

(b) The TSMA is licensed, not sold, to User.

(c) Except as expressly granted by this Agreement or otherwise by ISPL in writing, User acquire no right, title or license in the TSMA or any data generated out of usage of the TSMA, software, content, or material/s accessed from or incorporated in the TSMA.

(d) This Agreement does not give User any rights to any updates or upgrades to the TSMA or to any maintenance releases, patches, fixes, extensions or enhancements (collectively, “Updates”) to the TSMA developed by ISPL at any time in the future. Except as required under Applicable law, this license does not entitle User to receive any maintenance or support services with respect to the TSMA. ISPL may provide Updates and/or support relating to the TSMA and if provided, Updates may be delivered automatically or User may be notified when a new Update is ready to be installed, or we make such Updates available for download. User authorizes ISPL to deliver automatically any Update if we believe it is necessary to provide for the continued functionality of the TSMA or for any reasonable business purpose. User use of the Updates will be governed by this Agreement unless User is asked to agree to new or additional terms at the time of download or installation. User also agree that User may have to enter into a renewed version of this Agreement as applicable on the each of such date of Update, if User want to download, install or use a new or modified version of the TSMA.

(e) License restrictions: User agree to the following license restrictions: (i) to use the TSMA solely for User personal use; (ii) to not install or use a copy of the TSMA on a device that User do not own or control; (iii) to not duplicate, copy or distribute the TSMA or its features and functionalities either in parts or full or in any other form, (iv) to not license, sell, rent, lease, lend, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the TSMA or make the TSMA available to any third party; (v) to not use the TSMA for any fraudulent, unlawful or illegal activity or in any way that could harm the TSMA or impair anyone else’s use of it or a wireless network or to try to gain unauthorized access to any service, data, account or network by any means; (vi) to not modify, translate, or create derivative works based on the TSMA or disassemble, decompile or reverse engineer any part or full of the TSMA; (vii) to not work around any technical limitations in the TSMA; and (viii) to preserve all copyright and other proprietary rights notices on the TSMA and all copies thereof.

Intellectual property rights, contents and limitations on use

All the content contained in or accessed from the TSMA, including but not limited to texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, images, applications, programs, computer or mobile code and other codes, design, layout, “look and feel” of TSMA (collectively, the "Content") and arrangement of such Content, is owned exclusively by ISPL and is protected by copyright, trademark and other intellectual property and unfair competition laws.

User shall not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, products or services obtained from the TSMA in any medium to anyone, except as otherwise expressly permitted in writing by ISPL, relevant license or subscription agreement or authorization by us. User shall not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, without our prior written permission.

User shall not engage in systematic retrieval or otherwise of Content from the TSMA to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission. Unless expressly authorized by us in writing, User may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to - continuously and automatically search, scrape, extract, deep link or index any Content; harvest personal information from the TSMA for purposes of sending unsolicited or unauthorized material; cause disruption to the working of the TSMA or any other person’s use of the TSMA. User shall not attempt to gain unauthorized access to any portion or feature of the TSMA, any other systems or networks connected to the TSMA or to any ISPL server, or any of the products or services provided on, accessed from or distributed through the TSMA. User may not probe, scan or test the vulnerability of the TSMA or any network connected to the TSMA or breach the security or authentication measures on the TSMA or any network connected to the TSMA. User may not use the TSMA to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. ISPL may at any time exercise editorial control over the Content of the TSMA. User may not use the TSMA to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, User shall not use the TSMA to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.

Unless Specifically requested by the User and subject to other conditions mentioned in this Agreement, we retain User personal information for as long as necessary to provide the Service and fulfil the transactions User have requested, or for other essential purposes such as complying with our legal obligations, maintaining business and financial records, resolving disputes, maintaining security, detecting and preventing fraud and abuse, and enforcing our agreements.

ISPL aims to keep the TSMA available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, ISPL shall not be liable for lost altered, or corrupted information or non-availability of the TSMA. ISPL herewith does not make any warranty, whatsoever, including without limitation, that the operation of the TSMA will be uninterrupted or error-free; that any defects will be corrected; that the TSMA, including the server that makes it available, is free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content, product or service provided on, accessible from or distributed through the TSMA.

Loyalty Program

TSMA enables various types of loyalty rewards program for User. This would include TRUSTAT Loyalty Program run by ISPL (the “TLP”) and also Third Party Loyalty Programs (the “TPLP”) which would run under specific name of respective Third Party in TSMA. User may or may not be rewarded by ISPL or that Third Party towards TPL or TPLP and sole discretion as regard the same will be with ISPL in relation to TLP and with respective Third Party in relation with TPLP.

The claims for redemption of loyalty awards, if any, credited to User TLP in TSMA can only be redeemed based on eligibilities, norms and schemes of redemption made effective by ISPL from time to time and ISPL would be responsible only for redemption of loyalty rewards in User TLP account in TSMA.

The claims for redemption of loyalty rewards, if any, credited to User TPLP by Third Party using the TSMA can only be redeemed based on eligibilities and schemes of redemption made effective by that respective Third Party from time to time and User hereby irrevocably agree and covenant that ISPL shall not have any liability in any form relating to accumulated loyalty rewards under TPLP of that Third Party in TSMA. The loyalty rewards as may be awarded to User are subject to expiry period as may be defined by ISPL or respective Third Parties. The loyalty rewards as may be awarded to User by use of TSMA under TLP or TPLP may relate to activities including but not limited to, scanning the products, product purchase and registrations, product demonstrations, product feedback, product referral to User’s friends and relatives, product promotions including advertisement and surveys, updating User profile information.

The information that the TSMA collects may be stored locally on User Device and may be transmitted to our servers where ISPL, its affiliates or any of their service providers operate. The transmission of information over wireless and wired networks is not inherently secure. ISPL and TSMA may use tools to help protect User personal information against unauthorized access and disclosure. However, we do not guarantee that User personal information or private communications will always remain private when using the TSMA. User must not reveal User password/s and must take reasonable steps to keep User password/s confidential and secure. User agree to immediately notify ISPL if User become aware of or have reason to believe that there is any unauthorized use of User password or account or any other breach of security. ISPL is in no way liable for any claims or losses related to the use or misuse of TSMA or User password or account due to the activities of any third party outside of our control or due to User failure to maintain their confidentiality and security.

Term and termination

This license is effective for an indefinite period of time, until ISPL terminates it, or until User provide notice to ISPL of User decision to terminate it. User rights under this license will terminate automatically without notice to User if User fails to comply with any of the provisions of this Agreement. ISPL reserves the right to suspend, discontinue, enhance, update or otherwise modify the TSMA, or its availability to User, at any time without notice. Upon termination of the license to the TSMA, User will cease all use of the TSMA and the benefits thereof in any form.

ISPL that licenses the use of TSMA is responsible for addressing any questions, comments or claims relating to the TSMA and/or User’s use of the TSMA. The email contact for ISPL is konnect@innovigent.in. For all User questions and queries relating to Third Party products, service and Promotions featured on TSMA, User may use various features of TSMA but responsibility to address any such query relating to such Promotions will be that of the respective Third Party and ISPL will in no way be responsible for any loss, claim, injury and otherwise relating to such Third Party Promotions on TSMA.

Privacy Policy

In order to receive information about User’s personal data, the purposes and the parties the data is shared with, contact the Owner.

Owner

By accepting this Agreement, User hereby agree that ISPL will have sole and exclusive rights and ownership of all the data in any form generated by User downloading and use of TSMA and User hereby irrevocably allow ISPL all the rights to use the data in manner as it may require from time to time.

The ISPL’s ownership of data as stated above will include but not limited to User’s mobile number, profile data, name, age, device location, gender and activities conducted by User or by various third parties with User using the TSMA on User Device.

User hereby agree that by using, posting, uploading, inputting, providing or submitting, User submissions using the TSMA (the “Postings”), User hereby grant ISPL royalty-free, perpetual, irrevocable, worldwide, exclusive rights and license to display, publish and otherwise use User data and postings in any format in connection with the operation of ISPL’s existing and future businesses.

ISPL is under no obligation to display or otherwise use User postings, and we may remove any postings or part of postings at any time in its sole discretion. User hereby agree and covenant that various Third Party will do Promotions of their respective brands, products, services using the TSMA and User have irrevocably agreed that information relating to brands, products, services in various forms and manner may be pushed through TSMA on User Device including but not limited to for User feedback, promotions, offers, notification and responses.

ISPL shall have the right, but not the obligation, to monitor User postings or data to determine compliance with these Terms and Conditions and any operating rules we establish and to satisfy any law, regulation or authorized government request. ISPL shall have the right in our sole discretion to edit, refuse to post, or remove any postings, information, data that User give on TSMA and data generated through the use of TSMA shall be the sole property of ISPL and will not be considered as private and confidential and User hereby irrevocably allow ISPL and its business associates to use such information for their business needs and other purposes. User acknowledge that, in the event of any third party claim that the TSMA or User possession and/or use of the TSMA infringes that third party’s intellectual property rights, ISPL will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

We may share User personal information with or without money considerations with Third Party depending on the Service provided, with our Affiliates, our customers, business partner, various divisions within the ISPL and group of companies that provide technology, customer service and other shared services functions; service providers, including but limited to reviewers, customer support, email service providers, IT service providers; to process the information as necessary to provide the service, complete a transaction or fulfil User request or otherwise on our behalf based on our instructions and in compliance with this privacy policy and any other applicable confidentiality and security measures.

We also will disclose User personal information if we have a good faith belief that such disclosure is necessary to meet any Applicable law, regulation, legal process or other legal obligation; detect, investigate and help prevent security, fraud or technical issues; and/or protect the rights, property or safety of ISPL, our users, employees, our customers or others; and as part of a corporate transaction, such as a transfer of assets to or an acquisition by or merger with another company.

We may also share User personal information with Third parties, including but not limited to entities for which we are acting as an enabler, agent, licensee, advisors, such as Brands, the products of whom User have purchased, that wish to send User information about their products and services that may be of interest to User.

Types of Data collected

The personal data types viz., Name, Email ID, Mobile Number, Gender & Date of Birth are collected. Other personal data collected may be described in other sections of this privacy policy or by dedicated explanation text contextually with the data collection. The personal data may be freely provided by the User, or collected automatically when using this Application. Any use of Cookies - or of other tracking tools - by this Application or by the owners of third party services used by this Application, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User. Failure to provide certain Personal data may make it impossible for this Application to provide its services. Users are responsible for any Personal data of third parties obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner.

Mode & Place of Processing the Data

Methods of processing

The Owner processes the data of Users in a proper manner and shall take appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the data. The data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third parties who promotes their products and services using TSMA, third party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as data processors by the Owner. The updated list of these parties may be requested from the Owner at any time.

Place

The data is processed at the Owner's operating offices and in any other places where the parties involved with the processing are located. For further information, please contact the Owner.

Retention time

The data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Owner to suspend or remove the data.

Additional information about Data Collection & Processing

Legal action

The User's Personal data may be used for legal purposes by the Owner, in Court or in the stages leading to possible legal action arising from improper use of this TSMA or the related services. The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities. Additional information about User's personal data in addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular services or the collection and processing of Personal data upon request. System Logs & Maintenance For operation and maintenance purposes, this Application and any third party services may collect files that record interaction with this Application (System logs) or use for this purpose other Personal data (such as IP Address). For Information not contained in this policy more details concerning the collection or processing of Personal data may be requested from the Owner at any time. Please see the contact information in Contact Us at www.innovigent.in.

The Rights of Users

Users have the right, at any time, to know whether their personal data has been stored and can consult the Owner to learn about their contents and origin, to verify their accuracy or to ask for them to be supplemented, cancelled, updated or corrected, or for their transformation into anonymous format or to block any data held in violation of the law, as well as to oppose their treatment for any and all legitimate reasons. Requests should be sent to the Owner at the contact information set out above. Our Applications does not support “Do Not Track” requests. To determine whether any of the third party services it uses honour the “Do Not Track” requests, please read their privacy policies.

Changes to this privacy policy

The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. If a User objects to any of the changes to the Policy, the User must cease using this Application and can request that the Owner remove the personal data. Unless stated otherwise, the then-current privacy policy applies to all personal data the Owner has about Users.

THE TSMA AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE TSMA ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND FROM TSMA (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH ISPL DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. USER USE OF THE TSMA AND ITS CONTENT, PRODUCTS AND SERVICES OF THIRD PARTY IS AT USER SOLE RISK. To the extent permitted under the Applicable law, no responsibility is assumed for any injury and/or damage to persons, animals or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the TSMA.

Indemnification

ISPL or TSMA does not claim ownership, endorse or take responsibility for any Third Party products, information, guidelines, materials or services that may be offered, advertised, promoted, provided or displayed on the TSMA or incorporated in its content, products or services contained on, accessible from or distributed through the TSMA. TSMA is a platform that enables Third Party Promotions which are patronized by consumers as User. TSMA hosts information on behalf of these Third Party brands in good faith and in the manner recommended by the Third Party. ISPL or TSMA will not indemnify or accept any liability on account or relating to such information or interpretation of such information which made User to consider or make a decision that may be or may have been dis-favorable to User interests. However User hereby agree to indemnify and hold ISPL, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers and licensors harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys' fees, arising out of or in connection with User use of or inability to use the TSMA or its Content, products or services.

THIS AGREEMENT IS PERSONAL TO USER, AND USER SHALL NOT ASSIGN ITS RIGHTS OR OBLIGATIONS TO ANYONE.

User agree to comply at all times with all applicable and relevant local, state, national and international laws, statutes, ordinances and regulations that apply to User use of the TSMA and its Content, products and services and also the terms of this Agreement.

Neither failure nor delay on the part of ISPL to exercise or enforce any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.

If any provision in this Agreement is held invalid or unenforceable under the Applicable laws, the remaining provisions shall continue in full force and effect.

This Agreement will be governed by and construed in accordance with the Laws of the State of Delhi, India.

If User do not wish to accept any or all terms and conditions of this Agreement, do not use the TSMA and immediately delete the same from User Device.

By using this TSMA, User hereby confirm and agree that User are legally capable to accept this Agreement as per applicable laws and regulations of User State and the Country and User hereby agree that User have accepted all the terms and conditions of this Agreement and herewith be bound by this Agreement.

Dated: 25thJanuary 2020

Place: New Delhi, India.

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