PRIVACY POLICY

Last Updated: March 2021

This document is an electronic record in terms of the Information Technology Act, 2000 and the European Union’s Regulation (EU) 2016/679 (the General Data Protection Regulation) (hereinafter referred to asGDPR, as applicable. This electronic record is generated by a computer system and does not require a physical or digital signature.

Learn Your Way Private Limited Company, a private company limited by shares, incorporated under the (Indian) Companies Act, 2013, and for the restricted purpose of this document and the website operating under its trade name ‘Zuperly’, (hereinafter referred to as ‘Zuperly’) is the owner of the website with domain URL, www.zuperly.com (hereinafter referred to as the 'Website’).

Zuperly is concerned about the privacy of its Users (defined hereinafter) who access the Website and share Personally Identifiable Information (defined hereinbelow) for the purpose of submitting queries or registering with Zuperly.

This Privacy Policy (together with the Terms of Use) sets out the basis on which any personal data that Zuperly collects from the Users, or that Users provide to Zuperly, will be processed, used, preserved and shared with third parties. This Privacy Policy is intended to expressly inform Users of their rights and by express and informed consent acquire the User’s permission and authority to process the User’s personal data. The Users are provided an opportunity to read the terms of the Privacy Policy carefully to understand Zuperly’s policies and practices regarding the User’s personal data and its processing, prior to the creation of a user account.

Please read Zuperly’s Privacy Policy as outlined below:

1. DEFINITIONS:

.1.1. Cookie shall refer to a small text file that is stored on the User’s computer / browser / local system or any device through which the website is accessed that tracks and stores information to enable Zuperly to recognize the User when the User visits the Website again. A cookie also enables Zuperly to store the User’s preferences and settings; enhance the User’s experience; perform research and analytics; track usage and activity on the Website; and assist with security and administrative functions.

.1.2. Force Majeure Event shall refer to any event that is beyond the reasonable control of Zuperly and shall include, without limitation, acts of God; flood; sabotage; fire; explosion; civil commotion; strikes or industrial action of any kind; riots; insurrection; war; acts of government; computer hacking; unauthorized access to computer data and storage devices; computer crashes; breach of security and encryption; etc.

.1.3. Personally Identifiable Informationshall refer to the data or information that is personal to a User and allows persons, other than the User, to identify the User personally from such information i.e. information that personally identifies or can be used to identify, contact or locate the person, to whom such information belongs and includes without limitation, the name, email address and contact number, which is provided by the User at the time of registering with Zuperly or in the process of contacting or communicating with Zuperly.


.1.4. Pixel Tag/ Web Beacon/ Clear GIF shall refer to a small graphic with a unique identifier, embedded invisibly on a webpage, which is used to count or track activities on a particular webpage or ad impressions or clicks, as well as to access cookies stored on Users’ computers / browsers / local systems or other devices from which the Website is accessed.


1.5. Privacy Policy shall mean this Privacy Policy.

1.6. User shall mean any person who for his/her own behalf or on behalf of a minor person, accesses the Website for purposes including without limitation, browsing, viewing, comparing and selecting courses made available on the Website; submitting queries on the Website; accessing and using Features made available on the Website. For the Purpose of these Terms, words importing persons shall be deemed to include natural and juridical persons i.e. individuals, incorporated and unincorporated entities.For the Purpose of these Terms, words importing persons shall be deemed to include natural and juridical persons i.e. individuals, incorporated and unincorporated entities.


2. GENERAL TERMS:

2.1. By accessing and using the Website, the User expressly agrees and consents to the terms of the Privacy Policy.

2.2.The User hereby acknowledges and agrees that the Privacy Policy is subject to changes without express and specific intimation and the User is required to review the Privacy Policy regularly. The use of the Website expresses the User’s consent to the updated Privacy Policy.

2.3.The User is hereby informed that in accordance with Rule 5 of the Information Technology (Intermediary Guidelines) Rules, 2011, in case of any non-compliance with the Privacy Policy, Zuperly reserves the right to immediately terminate access or usage rights of the User.

2.4.In the event the User does not agree with the terms of the Privacy Policy, the User is requested to stop using the Website.

2.5.Unless stated otherwise, the Privacy Policy applies to all/any information that the User provides to Zuperly.



3. CONTROLLER:

Zuperly determines the purpose and means of processing of personal information including the User’s Personally identifiable Information and is the controller with respect to the information collected through the Website in terms of Article 4 (7) of GDPR. Zuperly shall be responsible for processing of all/any information collected through the Website.


4. PURPOSE OF COLLECTING AND PROCESSING OF INFORMATION

Zuperly collects and processes the User information for the purpose of creating an account for its Users, for making Features available to the Users and for responding to the User’s queries when the User contacts or communicates with Zuperly. Zuperly collects and processes User information for the reasons mentioned in this Privacy Policy, which the User expressly acknowledges and grants permission for.



5. CONSENT TO PROCESS INFORMATION:

5.1. The User hereby expressly consents and permits Zuperly and/or its representatives to process User’s Personally Identifiable Information provided by the User and collected by Zuperly in accordance with the terms of this Privacy Policy

5.2. The User shall have a right to withdraw its consent at any time under Article 7 (3) of GDPR. However, the withdrawal of consent shall not affect the lawfulness of the processing of User’s information based on consent prior to its withdrawal.

5.3. The use of the Website in respect of a minor person i.e. a person/ student under the age of 18 (Eighteen) years should be solely through a parent or a guardian of the minor person. By accessing the Website and communicating with Zuperly, the parent or the guardian of the minor person i.e. the User on behalf of the minor person hereby expressly consents to the processing of the minor person’s information collected by Zuperly in accordance with the terms of this Privacy Policy.


6. COLLECTION OF INFORMATION

6.1. Information provided by the Users to Zuperly:

6.1.1 Information provided by the Users to Zuperly:

6.2.Information that Zuperly collects about the Users:Zuperly may, automatically collect the following information each time a User visits the Website:

6.2.1 technical information, including the internet protocol (IP) address used to connect the User’s phone or tablet to the Internet, User login information, browser type and version, time zone setting, browser plug-in types and versions and operating system;
6.2.2 information about the User’s visit, including the clickstream to, through and from the Website (including date and time); courses viewed or searched for; page response times, 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;Such information is necessary to facilitate use and display of the Website and to enhance the user experience.

6.3.Zuperly only collects such Personally Identifiable Information which it considers necessary for facilitating the use of the Website, to respond to the User’s queries and for the purpose of improving Zuperly’s services towards its Users. The User shall be solely responsible for the authenticity of the information provided by the User.

6.4.Upon request by the User in the manner set out in Clause 10 of this Privacy Policy, Zuperly will erase the User’s Personally Identifiable Information from Zuperly’s database (Right to erasure under Article 17 of the GDPR).

6.5.Zuperly deletes information that it no longer requires for the purpose for which the information was collected or limits processing of information to the extent required for existing purposes.


7. TRACKING OF INFORMATION

7.1. Zuperly may use Cookies, Pixel Tags, Web Beacons, flash cookies and similar files or technologies to collect, track and store information based on the User’s use of the Website.

7.2. Most browsers are set to automatically allow Cookies. The User must note that it may be possible to disable some (but not all) Cookies through the browser settings on the User’s electronic device but doing so may interfere with certain functionality on the Website. Major browsers provide the Users with various options to manage Cookies and change Cookie settings. The Users can usually set their browsers to block all third-party Cookies (which are those set by third-party companies collecting information on Websites operated by other companies), block all Cookies (including first-party Cookies such as the ones Zuperly uses to collect search activity information about its Users), or block specific Cookies. To modify the Cookie settings on the Website, please visit the browser’s settings. Flash cookies operate differently than browser Cookies and cannot be removed or blocked via web browser settings.

7.3. By using the Website, the Users are set to accept Cookies and consent to Zuperly’s use of Cookies in the manner described in this section.

7.4. Zuperly shall have no control over the usage of any third party cookies placed on the Website.


8.USAGE, SHARING AND DISCLOSURE OF INFORMATION

8.1. Zuperly shall use the information collected from the User for registering the User on the Website; to make the Features available to the Users; to respond to the User’s queries communicated with Zuperly; for improving the use of the Website and for any other purpose with the consent of the User. Zuperly shall share the User’s Personally Identifiable Information collected through the Website with its trusted representative/s for the performance of various business functions including administration, providing services, customer care, research and analysis, marketing, monitoring, measuring and assessing customer preferences and trends. The purpose of sharing the User’s information is to facilitate the use of the Website and to secure processing of the information.

8.2. In the event Zuperly merges with another business entity, gets acquired or enters into any other corporate restructuring, Zuperly may disclose or the other entity may acquire some or all of the User’s Personally Identifiable Information. The User shall be intimated of any transfer of information. Such business entity shall be required to comply with this Privacy Policy with respect to the User’s Personally Identifiable Information or inform the User of any modifications to this Privacy Policy.

8.3.  Zuperly shall be compelled to disclose the User’s Personally Identifiable Information to a third party if it is under a duty to disclose or share such information in order to comply with any order or legal obligation, under any law, or in order to enforce or apply its terms of use, or to protect the rights or safety of Zuperly, its Users, or others. This includes exchanging information with Government agencies, other companies and organizations for the purposes of prevention, detection and investigation of fraud including cyber related crimes.

9. RIGHTS OF THE USER:

9.1. Right to Information: The User has the right to acquire information with respect to processing of its Personally Identifiable Information from Zuperly in the manner set out in Articles 12, 13 and 14 of GDPR. To exercise this right, the User shall be required to provide Zuperly with an exercise notice in accordance with Clause 10.1 of this Privacy Policy. Upon receipt of the exercise notice, Zuperly undertakes to provide information sought by the User in a concise, transparent, intelligible and easily accessible form subject to authentication of the User’s identity in accordance with Clause 10.2 of this Privacy Policy. The information shall be provided in a written form or by other means, including electronic means, where deemed appropriate by Zuperly.

9.2. 'Right of Access: The User has a right to obtain a confirmation from Zuperly with respect to processing of User’s Personally Identifiable Information and to access the User’s information that is being processed by Zuperly and/ or its representatives in accordance with Article 15 of GDPR. To exercise this right, the User shall be required to provide Zuperly with an exercise notice in accordance with Clause 10.1 of this Privacy Policy. Upon receipt of the exercise notice, Zuperly undertakes to provide the User with a confirmation with respect to the processing of information and the access to the User’s information subject to authentication of the User’s identity in accordance with Clause 10.2 of this Privacy Policy.

9.3. Right to Rectification:The User has a right to obtain a rectification of inaccurate Personally Identifiable Information pertaining to the User and to have incomplete personal data completed while considering the purpose of processing as per Article 16 of GDPR. To exercise this right, the User shall be required to provide Zuperly with an exercise notice in accordance with Clause 10.1 of this Privacy Policy. Upon receipt of the exercise notice, Zuperly undertakes to complete any incomplete information or rectify any inaccurate information and provide a statement to the User of such rectification of information subject to authentication of the User’s identity in accordance with Clause 10.2 of this Privacy Policy.

9.4.  Right of Erasure:The User has a right to seek erasure of User’s Personally Identifiable Information without undue delay in accordance with Article 17 of GDPR. To exercise this right, the User shall be required to provide Zuperly with an exercise notice in accordance with Clause 10.1 of this Privacy Policy. Upon receipt of the exercise notice, Zuperly undertakes to erase the User’s Personally Identifiable Information in a reasonable period without undue delay subject to authentication of the User’s identity in accordance with Clause 10.2 of this Privacy Policy.

9.5 Right to Restriction of Processing:The User has a right to restriction of processing of Personally Identifiable Information (i) which has been contested to be inaccurate by the User; (ii) processing of which information is unlawful; (iii) where Personally Identifiable Information is no more required to be processed by the controller but is required by the User for legal purposes; and (iv) where User has objected to the processing of Personally Identifiable Information in terms of Article 21 (1) of GDPR. To exercise this right, the User shall be required to provide Zuperly with an exercise notice in accordance with Clause 10.2 of this Privacy Policy. Upon receipt of the exercise notice, Zuperly undertakes to limit/ restrict processing of Personally Identifiable Information subject to authentication of the User’s identity in accordance with Clause 10.2 of this Privacy Policy.

9.6. Right to Data Portability: The User has a right to data portability i.e. the User shall have a right to have its Personally Identifiable Information transmitted directly from Zuperly to another controller subject to technical feasibility in a structured format as set out in Article 20 of GDPR. To exercise this right, the User shall be required to provide Zuperly with an exercise notice in accordance with Clause 10.1 of this Privacy Policy. Upon receipt of the exercise notice, Zuperly may take steps to transmit User’s Personally Identifiable Information to another controller subject to authentication of the User’s identity in accordance with Clause 10.2 of this Privacy Policy and feasibility to transfer the information.

9.7. Right to Object: The User has the right to object to lawful processing of Personally Identifiable Information including profiling of information for reasons arising out of the User’s particular situation as set out in Article 21 (1) of GDPR. To exercise this right, the User shall be required to provide Zuperly with an exercise notice in accordance with Clause 10.1 of this Privacy Policy. Upon receipt of the exercise notice and subject to authentication of the User’s identity in accordance with Clause 10.2 of this Privacy Policy, Zuperly will no longer process its Personally Identifiable Information unless Zuperly can establish compelling and legitimate grounds for processing that outweighs User’s interests, rights and freedoms, or if the processing aids the enforcing, exercising or defending of legal claims.



10. NOTICE TO EXERCISE RIGHTS:

10.1. To exercise the rights as stated in Clause 9.1 to 9.7 above, the User shall be required to provide Zuperly with an exercise notice by way of an email addressed to Zuperly’s Data Protection Officer stating the particulars of the right that the User wants to exercise and the reason for such exercise.

10.2. To exercise the rights as stated in Clause 9.1 to 9.7 above, the User shall be required to provide Zuperly with an exercise notice by way of an email addressed to Zuperly’s Data Protection Officer stating the particulars of the right that the User wants to exercise and the reason for such exercise.


11. SECURITY PRECAUTIONS:

11.1. The protection and security of the User’s Personally Identifiable Information is one of Zuperly’s foremost concerns. The Privacy Policy discloses Zuperly’s practice with respect to the information collected from the User via the Website.

11.2. Zuperly has implemented appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access to the information of the User and to maintain data security. These safeguards take into account the sensitivity of the information that Zuperly collects, processes and stores and the current state of technology. Zuperly’s security measures are reviewed regularly and updated in terms with technological advances.

11.3. Zuperly follows generally accepted industry standards to protect the information submitted to it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while Zuperly strives to use commercially acceptable means to protect the information of the Users, Zuperly cannot guarantee its absolute security and thereby usage in a manner that is inconsistent with the Privacy Policy.

.11.4. Zuperly assumes no liability or responsibility for disclosure of the User’s information due to errors in transmission, unauthorized third-party access, or other causes beyond Zuperly’s control. The User plays an important role in keeping its information secure.

11.5. Notwithstanding anything contained in the Privacy Policy or elsewhere, Zuperly shall not be held responsible for any loss, damage or misuse of the User’s personal information, if such loss, damage or misuse is attributable to a Force Majeure Event.



12. SOCIAL PLUGINS:

12.1. Website contains social plugins that direct the Users to Zuperly’s profiles/ pages on social media platforms like Facebook, LinkedIn, Instagram and YouTube. The social plugins will be activated only once the User clicks on the respective icons/ widgets appearing on the Website.

12.2. By clicking the social plugins, the User consents to collection of User’s Information by the respective social media platform icons/ widgets. The User must note that once the social plugins are activated, the respective platforms may collect and track information. These social plugins will also collect certain technical information from the User and transmit to the respective social media platform.

12.3. Zuperly has no control over the manner and extent of collection, tracking and processing of information on the social media platforms and Zuperly encourages Users to review the privacy policies/ data protection policies of the respective social media platforms. Zuperly disclaims all liability in respect of such collection, tracking and processing of information belonging to the User.



13. MAINTENANCE OF RECORDS:

Zuperly and its representatives shall maintain a record of processing activities in respect of the User’s information in accordance with Article 30 of GDPR.


14. COMMUNICATION OF BREACH TO THE USER:

Zuperly agrees to notify the User as soon as it becomes aware of any actual unintended data breach of Personally Identifiable Information that may result in a high risk to the User’s rights and freedoms. Zuperly shall communicate such breach of Personally Identifiable Information to the User without any delay in accordance with Article 34 of GDPR.


15. COMPLAINTS:

In accordance with Article 77 of GDPR, the Users have the right to complain to a relevant data protection supervisory authority in the Member State of the European Union where the User resides, has place of work or place where the alleged infringement of GDPR took place if the User believes that the processing of the User’s Personally Identifiable Information by Zuperly infringes any provision of GDPR.


16. GRIEVANCE AND DATA PROTECTION OFFICER:

In accordance with Information Technology Act 2000 and Article 37 of the European Union’s Regulation (EU) 2016/679 (the General Data Protection Regulation), the name and contact details of the Grievance and Data Protection Officer who can be contacted with respect to any complaints or concerns including those pertaining to breach of these Terms, and other polices or questions are published as under:

Grievance officer name:                

 Kapil Reddy Kambham


E-mail address:

  hr@zuperly.com


11:00 A.M. to 5:00 P.M. (Indian Standard Time) from Monday to Friday except Public Holidays



These Terms were last published on:  

  1 March, 2021





17. CHANGES TO THE PRIVACY POLICY

17.1.  Zuperly reserves the right to amend the Privacy Policy from time to time to reflect changes in the applicable law, Zuperly’s data collection, processing and usage practices, the Features of the Website or advances in technology.

17.2.  The User is requested to check this page periodically for changes. Use of information collected by Zuperly is subject to the Privacy Policy in effect at the time such information is used. If Zuperly makes any material changes to the Privacy Policy, Zuperly will post the changes on the Website. The User is requested to review the changes carefully.

17.3. The User’s continued use of the Website following the posting of changes to the Privacy Policy will constitute the User’s consent and acceptance of those changes.


18. GOVERNING LAW AND DISPUTES:

18.1. The law governing this Privacy Policy shall be the substantive laws of the Republic of India, without giving effect to the conflicts of law principles of any jurisdiction.

18.2. Any dispute arising out of or in connection with the Privacy Policy, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration. The seat and venue of the arbitration shall be Hyderabad, India. The Tribunal shall consist of one arbitrator, nominated by Zuperly. The language of the arbitration shall be English. The law governing this arbitration agreement shall be the Arbitration and Conciliation Act, 1996 (as amended and re-enacted at the relevant time).

18.3. The provisions of GDPR will be applicable to the extent of processing of Personally Identifiable Information of the Users who are citizens of the European Union.


These Terms were last published on:  

  1 March, 2021