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.
.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.
1.6. 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:
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
5. CONSENT TO PROCESS INFORMATION:
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.
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.
6.5.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
7.2. 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.
7.4. 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.
9. RIGHTS OF THE USER:
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:
11.2. 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.
.11.4. 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.
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.
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
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
18. GOVERNING LAW AND DISPUTES:
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