This Privacy Policy shall be read in conjunction and together with the User Agreement available on PowerkidsTV.com and relevant application stores and forms an integral part of the User Agreement. Capitalized terms not defined herein shall have the meaning attributed to them under the User Agreement. The terms "Personal Information" and "Sensitive Personal Information" shall have the meaning ascribed to it under the applicable laws of India.
The objective of providing this Privacy Policy is to expressly make Users aware of (1) what Personal Information of User we collect at the time of access of the Service and during the course of providing the Service, (2) the purpose of collection and processing of such information (3) the provisions and process to opt out and request Us to delete such information. You have the right to withdraw your consent at any time in writing by sending an e-mail to us at [email protected], in accordance with the terms of this Privacy Policy. You may also write to us at [email protected] to access, review, modify or correct your Personal Information.
By accessing and/or using the Service, You signify Your agreement to accept this Privacy Policy.
IF YOU DO NOT AGREE WITH ANY OR ALL OF THE FOLLOWING TERMS OF THE PRIVACY POLICY, PLEASE DO NOT ACCESS AND/OR USE THE SERVICE.
Providing information to Us is Your choice. You understand that any data, information, content or information that You post, submit or upload to the Service may be visible to other Users of the Service and will be stored for the purposes of making the Service available to You. We advise You to be selective about what information You post. Please do not post, submit or upload to the Service any data, information, content or information which would include any Personal Information and Sensitive Personal Information that You do not wish to be made available to Powerkids TV or to the public at the large.
If You do not agree with any or all of the terms of this Privacy Policy, please do not provide any information to Us. If at any time You wish to discontinue Your access of the Service, You are free to do so. Further, if You require You can request for the Personal Information provided by You to be deleted by writing to [email protected]. You always have the choice to opt-out of receiving communications from the Service by writing to [email protected].
We reserve the right, at Our sole discretion, to change, modify or otherwise alter this Privacy Policy at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted/published on the Service herein.
Please review the Privacy Policy from time-to-time. Your continued use of the Service following the posting of changes and/or modifications will constitute Your acceptance of any revised Privacy Policy. Powerkids TV retains the right at any time to deny or suspend access to all or part of the Service to anyone who it believes will violate or has violated any condition of this Privacy Policy.
FINANCIAL INFORMATION
We do not collect or Store any credit or debit card (Payment Card) information. Certain platforms such as Apple and Google collect Payment Card information with respect to in-app purchases made through the App. Such payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they’ve stored, and your card’s type, expiration date, billing address, and the last four digits of your card number.
INFORMATION YOU MUST NOT DISCLOSE
You must not disclose to Us your:
• passwords;
• financial information such as bank account details, credit card details, debit card details, secure pin number, passwords, etc.;
• physical, physiological and mental health condition;
• sexual orientation;
• medical records and history;
• biometric information; or
• other Sensitive Personal Information.
Please note that identity theft and the practice currently known as "phishing" are of great concern to Us. We do not and will not, at any time, request Your bank account details, credit card, debit card information, financial pin numbers and passwords etc. If the Service is available to access by making a payment of subscription fee then such information (only to the extent necessary) shall be collected by the third party payment gateway directly as engaged by Us without any access to Us. User shall then be governed by the terms of use of such third party payment gateway. Users are expected to read and fully understand the privacy policy of such third-party payment gateway before sharing any information with such third party payment gateway.
PUBLIC INFORMATION
Information that is freely available or accessible in the public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as Personal Information or Sensitive Personal Information for the purposes of this Privacy Policy and Powerkids TV shall not be obliged to take any measures to protect the same.
COLLECTION, STORAGE AND PROCESSING OF PERSONAL INFORMATION
The primary purpose or Our collection, storage, processing and other uses of Personal Information is to allow You to access and use the Service and various features on or in relation to the Service. We may also collect, store, process and use Personal Information to build analytics to understand you better and to train our machine learning to serve you better. We may store, collect, process and use your data in countries other than the Republic of India, but under full compliance with applicable laws.
We may obtain information about Your name, email address, date of birth, age, device, device id, contact details, gender, location, pin code, area code, occupation, provided by You either on the Service and/or which may be available to Us or other Users as a result of You publishing User Material on the Service and/or which may be available to Us if You access the Service through any linked social media platforms.
We may also obtain information about You from e-mails, letters, communication, etc. that You send to Us.
We may receive information that You submit to any Third-Party Service (defined hereunder) You access from links contained within the Service. You should check the privacy policy of such Third-Party Services to find out how they will use Your Personal Information and Sensitive Personal Information or information. Powerkids TV shall not be responsible or liable for use or misuse of the same by Third-Party Services.
We may obtain information about Your IP address, operating system, browser type, browser version, browser configuration, name of internet service provider, and other types of computer and connection related information relevant to identifying Your type of device, geographic location, usage history, etc.;
We may also obtain information about how the Service is used by You. Such information may include but shall not be limited to:
• User Material that You publicly post or share on the Service;
• login information (date and time of login, number of logins, etc.);
• destinations/ pages visited within the Service;
• advertisements viewed and measurement of advertisement effectiveness;
• content viewed;
• content shared on social media;
• User preferences (eg. program preferences, language, preferred social media, liked pages, searched items, etc.);
• Third-Party Services visited while on the Service;
• Service requests;
• Device Id/IMEA No; and
• all other individual usage patterns on the Service.
We may also obtain information collected by cookies or similar technologies (as described below), through contest and promotions, newsletter subscriptions, enrollment for promotions, campaigns, special offers, surveys, feedback, analytics, research, information posted in social communities on the Service, etc. or otherwise shared on the Service.
We may also obtain information collected as a result of You hosting, displaying, uploading, modifying, publishing, transmitting, updating and sharing User Materials in any of the Service.
If You access the Service through a social media platform, We may collect Your user ID or user name, any information You have permitted the social media service to share with Us, and any information You have made public with the social media service. In such a case, You undertake to comply with the User Agreement and any additional terms and conditions stipulated by such social media platforms. In the event of any inconsistency, the User Agreement shall prevail to the extent of conflict.
We may combine Your Personal Information with information collected from Tracking Technologies (defined below) and aggregate it with information collected from other Users using the Service to attempt to provide You with the services and a better experience on the Service.
You understand, agree and acknowledge that Our collection, storage and processing of Your Personal Information is for a lawful purpose connected with the functioning of the Service. You hereby consent to the collection, storage, use, disclosure, transfer and processing of the Personal Information for the purposes set out herein.
DISCLOSURE OF YOUR PERSONAL INFORMATION
We may disclose your Personal Information in the circumstances set out below and you hereby consent to the same to be shared with:
• any third-party service provider to whom disclosure is necessary to enable Us to /provide You with the services which You wish to access on or through the Service;
• any third-party service provider to whom disclosure is necessary to enable Us to provide You with the gratification as a result of You participating in any contest, promotional or marketing activity organized by Us;
• any person/entity to whom disclosure is necessary in accordance with applicable law;
• any government or statutory authority or court of law or judicial forum to whom disclosure is necessary in accordance with applicable law;
• in circumstances We believe necessary or appropriate to respond to valid claims and legal process, to protect the property and rights of Powerkids TV, to protect the safety of the public or any person or User, or to prevent or stop any illegal, unethical or legally actionable activity;
• any person/entity to whom disclosure is necessary to enable Us to enforce Our rights;
• to Our joint ventures, business partners, agents or third parties for the purposes of the services or for any other marketing and promotional activity undertaken by or on behalf of Powerkids TV; and
• any entity that legally acquires Powerkids TV or the Service.
We will use reasonable efforts to ensure that third parties who receive your Personal Information are under an obligation to maintain its confidentiality and to use it for the purposes for which it was disclosed only. We understand the importance of data security and We want Your browsing experience with Us to be as safe as possible. In circumstances where Your Personal Information is collected, We use reasonable procedural and digital security measures that are designed to help protect against loss, unauthorized access, disclosure, alteration or destruction of information and data, such as password protection and secure socket layer. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If You have reason to believe the security of Your account/information has been compromised, You should immediately notify us and We will take steps to mitigate the risk of security breach to best of our capabilities.
YOU UNDERSTAND THAT THE TRANSMISSION OF INFORMATION OVER THE INTERNET IS NOT COMPLETELY SECURE AND THERE ARE RISKS ASSOCIATED WITH IT. ALTHOUGH WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT GUARANTEE THE SECURITY OF THE SAME WHILE IT IS BEING TRANSMITTED TO OUR SERVICE AND ANY TRANSMISSION IS AT YOUR OWN RISK.
CHILDREN’S PRIVACY
Security of Children’s Personal Information is paramount concern for Us. We do not collect Personal Information directly from children. All parents/legal guardians shall be primarily responsible to entirely review and abide by the terms of this Privacy Policy and fully ensure that the same is adhered at all the times while authorizing the access of the Service to the child/children. All Personal Information provided which includes full name, email address and gender must be from a parent or legal guardian. We expect parents to take an active role in their children's activities and interests on their devices and any activities relating to accessing the online services through any devices.
When registering Your child with Our Service, We may ask a series of general questions including your child's age, interests and gender. This information shall only be used to serve customize content based on Your child's age and interests. We do not use or disclose this information for any other purposes except to provide you with constant improvised quality service.
We do not disclose the personally identifiable information of any Child to third parties for any marketing or promotional purposes. We may disclose de-identified and/or anonymized aggregated Child User information for any other purpose as permissible by applicable law, for example, the distribution of de-identified user records to outside researchers or the distribution of reports containing aggregate user demographic and traffic patterns, provided that no individual Child User or any specific end-user device can be readily identified.
COOKIES & WEB BEACONS
YOUR WEB BROWSER MAY ACCEPT COOKIES BY DEFAULT, HOWEVER THIS CAN BE ALTERED BY YOU. YOU HAVE THE OPTION OF ENABLING OR DISABLING COOKIES IN YOUR WEB BROWSER. IF YOU DO NOT WANT US TO INSTALL COOKIES, YOU MAY CHANGE THE SETTINGS ON YOUR WEB BROWSER TO DISABLE COOKIES. HOWEVER PLEASE NOTE THAT IF YOU DISABLE COOKIES, YOU MAY NOT BE ABLE TO USE ALL OF THE FEATURES OR SIGNIFICANT FEATURES OF THE SERVICE.
The Service and/or third parties may use "Cookies", "Web Beacons", and other similar tracking technologies (collectively, "Tracking Technologies") to collect information automatically as You browse the Service and the internet. For the purposes of this clause below terms have the meanings as set out below:
"Cookies" (which may be html files, flash files or other technology) are text files that help store user preferences and activity.
"Web beacons" (also known as image tags, gif or web bugs) are small codes used to collect advertising data, such as counting page views, promotion views or advertising responses.
We use Tracking Technologies to help tailor Our content, understand Service and internet usage, improve or customize the content or offerings or advertisements or promotions on this Service, personalize Your experience on this Service (for example, to recognize You by name when You return to the Service), save Your password in password-protected areas, save Your online game or video player settings, allow Users to move between associated Services without logging into each Service, help us offer You programs or services that may be of interest to You, deliver relevant advertising, maintain and administer the Service, etc. These Tracking Technologies collect "click stream" data and other additional information regarding Your visits to the Service, such as Your visits to the Service's webpages, use of Our features, or preferences and may also collect Your IP address or some other identifier unique to the device You use to access the Service ("Identifier"). Your Identifier is automatically assigned to the device You use to access the Service. By visiting the Service, whether as a registered user or otherwise, You acknowledge, understand and hereby agree that You are giving us Your consent to track Your activities and Your use of the Service through these Tracking Technologies.
The Service may additionally use a variety of third party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, "Third Party Advertising Service Providers") to, for example, serve advertisements on the Service, facilitate targeting of advertisements and/or measure and analyze advertising effectiveness and/or traffic on the Service ("Targeting Services"). These Third Party Advertising Service Providers may enable us to display advertisements based on Your visits to the Service and other Services You have visited. Targeting Services enable Us to, among other things, help deliver advertisements or other content to You for services that You might be interested in, to conduct research regarding the usefulness of certain advertisements to You, etc.
The Third Party Advertising Service Providers, as well as advertisers, may themselves set and access their own Tracking Technologies on Your device if You choose to have Tracking Technologies enabled in Your browser (or, for flash cookies, if You have not removed them) and/or they may otherwise have access to information about You.
Cookie and IP address information of a request to any Third Party Advertising Service Provider may be transferred to the responding data centers outside the territory of India as well and these may include countries where applicable data protection laws provide a lesser degree of protection than India. By using this Service You consent to the processing of data about You by such Third Party Advertising Service Providers.
THIRD-PARTY SERVICES
THE SERVICE MAY CONTAIN LINKS TO OTHER THIRD-PARTY WEBSITES AND OTHER PLATFORMS WHICH ARE NOT UNDER THE CONTROL OF POWERKIDS TV (“THIRD-PARTY SERVICES”). ANY SERVICE YOU VISIT BY A LINK FROM THE SERVICE IS SOLELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDING THE SERVICE. THE CONTENT OF, INCLUDING MATERIALS AND INFORMATION CONTAINED ON, ANY THIRD PARTY SERVICE TO WHICH YOU LINK FROM THE SERVICE IS SOLELY THE RESPONSIBILITY OF THE PROVIDER OF THAT THIRD PARTY SERVICE. ANY TRANSACTIONS THAT YOU ENTER INTO WITH A THIRD PARTY LISTED IN THIS SERVICE OR LINKED FROM THIS SERVICE ARE SOLELY BETWEEN YOU AND THAT THIRD PARTY. WE ARE NOT RESPONSIBLE FOR ANY SUCH THIRD-PARTY SERVICE, ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY SUCH THIRD-PARTY SERVICES, NOR THE ORGANIZATIONS PUBLISHING THOSE THIRD-PARTY SERVICES, AND HEREBY DISCLAIM ANY RESPONSIBILITY AND LIABILITY FOR THE SAME. THE INCLUSION OF ANY LINKS DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT OR RECOMMENDATION BY US OF THE THIRD-PARTY, OF THE QUALITY OF ANY PRODUCT OR SERVICE, ADVICE, INFORMATION OR OTHER MATERIALS DISPLAYED, PURCHASED, OR OBTAINED BY YOU AS A RESULT OF AN ADVERTISEMENT OR ANY OTHER INFORMATION OR OFFER IN OR IN CONNECTION WITH THE THIRD PARTY SERVICE. POWERKIDS TV SHALL NOT BE LIABLE, ACCOUNTABLE OR RESPONSIBLE FOR YOUR PERSONAL INFORMATION AND/OR SENSITIVE PERSONAL DATA OR INFORMATION BEING USED OR MISUSED BY SUCH THIRD-PARTY SERVICE.
YOUR ACCESS AND USAGE OF ANY THIRD-PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK. POWERKIDS TV SHALL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND A THIRD-PARTY SERVICE.
Your use of a Third-Party Service is subject to the terms and conditions and privacy policy of that site in addition to the User Agreement. In the event of any inconsistency between the governing terms and conditions, the User Agreement shall prevail to the extent of conflict.
SUPPORT
If You do not consent to any part of the privacy terms herein or wish to withdraw consent to process Your information then You may stop using the Service and ask Us to remove the Your information from Our records by writing to us at [email protected]. However if You so withdraw, We might be unable to provide certain services.
You may also request to know or edit information about yourself stored with Us by writing to Us at [email protected].
In case You have any grievance with respect to the Service or your Personal Information, You can send Us an email notification to Our Grievance Officer at [email protected].
You have full control regarding which emails You want to receive. If You decide at any time that You no longer wish to receive such emails from Us, please write to Us instructing an Opt-Out. Please note that once We receive Your request, it may take an additional period of time for Your opt-out to become effective.
These terms of Privacy Policy shall be governed by and construed in accordance with the laws of India and be subject to the exclusive jurisdiction of the Courts at Hyderabad, without giving effect to any principles of conflicts of law.
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