Your privacy is important to
us.
The user of this Website and application
(“User”) agrees to be bound by the terms and conditions of this privacy policy
(“Policy”). In the event the terms and conditions of the Policy are not
agreeable to the User, the User is requested to refrain from using this
Website.
Progressix is concerned about
the privacy of the data and information of the Users accessing the application
,website – ‘www.progressix.in’ or mobile applications- ‘Progressix and
‘Marketing Tips by Progressix and the other associated/ancillary applications,
products, websites and services managed by Progressix
and otherwise engaging with Progressix
through the Application and Website.
This Policy is a legally
binding document between the User and Progressix. The terms of this Policy will
be effective upon the User’s acceptance of the same (directly or indirectly in
electronic form, by clicking on the “I accept the Privacy Policy” tab or by use
of the Website and Application) and will govern the relationship between the
User and Progressix.
This Policy forms an
electronic contract within the provisions of the Information Technology Act,
2000 (“IT Act”), the rules made thereunder and the amended provisions
pertaining to electronic documents/records in various statutes as amended by
the IT Act, from time to time. This Policy does not require any physical,
electronic or digital signature.
This Policy shall, at all
times be read and construed in consonance and along with the terms of use and
access of the Website (“T&C”).
Progressix will not
differentiate between who is using the device to access the Website or
Application, so long as the log in/access credentials match with yours. In
order to make the best use of the Website and Application and enable your Information
to be captured accurately on the Website or Application, it is essential that
you have logged in using your own credentials.
This Policy highlights inter
alia the type of data shared/collected from a User in the course of the User’s
usage of the Website or Application. The Policy further intends to apprise the
User of the purposes for which the data of the User is collected and the
Website’s /Application’s policy with regard to sharing such personal
information with third party entities.
The terms “We”/ “Us”/ “Our”
individually and collectively refer to and are synonymous with the term ‘Progressix’
and the terms “You” / “Your” / “Yourself” are to be construed to be synonymous
with the term ‘User’.
All defined terms used within
this Policy but not specifically defined herein shall draw their meaning from
the definition ascribed to such term under the T&C.
1. COLLECTION OF INFORMATION
Progressix may during the
course of the User’s usage of the Website/Application collect the following
personal and non-personal information and such other information from the Users
for accessing the Website/Application (“Information”), as part of the voluntary
registration process, any on-line survey or interaction on the Application/Website
or combination thereof, as may be required from time to time. The Information
shall be collected in order to conduct operations on the Website/Application.
The Website/Application collects or can request for the below mentioned
Information from the Users
1.1 Personal Information:
(i)
Name of the User;
(ii) Phone number (mobile
and/or residence and/or alternative) of the User;
(iii) Gender of the User;
(iv) Date
of birth of the User;
(v) Address
(official/residence/other) of the User;
(vi) Email
Id (primary/alternative) of the User;
(vii) Personal information
received from social networking sites through which the User has registered to
the Website/Application including name, profile picture, email address or
friends list, and any information made public in connection with that social
media service;
(viii) Personal information
from the mobile device of the User such as their contact list including the
name, phone number and the email address of the contact;
(ix) Internet protocol (IP)
address of the User; and
(x) Sensitive personal data
such as passwords and payment details.
1.2 Non-personal information:
(i) Details of internet or
telecom service provider of the User;
(ii) Location of a User;
(iii) Type of internet browser
being used by the User; and
(iv) Such
other information that may be required to access and
operate the Website/Application
1.3 The Tutor agrees and
affirms that the Information collected by the Tutor and shared with the
Developer/Website has been so collected by obtaining the requisite consents
from the Users (if Users are above legal age and from the parents/ legal
guardians of the Users if the Users are below legal age) as required under
applicable law. The consent taken includes the right to collect, store and
disseminate the Information.
1.4 Please note that in
addition to the above, the duration of use of the Website by the User may also
be logged and stored by the Website.
1.5 The Information may be
collected and/or stored in electronic form; however, Progressix is hereby
authorized by the User to collect/store such information in physical form as
well.
1.6 The Website/Application
may share the Information of a User with any third party entities subject to
such entities adopting reasonable safety standards with respect to the use of
such Information.
2. REPRESENTATION AND WARRANTIES
Every User hereby represents
and warrants to Progressix that:
(a) all
Information provided by the User is true, correct, current and updated;
(b) all
Information provided by the User and the provision of such Information by the
User does not in any manner violate any third party agreement, law, decree,
order or judgement;
(c) all
Information provided by the User does not belong to any third party, and if it
does belong to a third party, the User is duly authorized by such Third Party
to use, access and disseminate such Information;
(d) the
officers, directors, contractors or agents of Progressix shall not be
responsible in any manner whatsoever with regard to the authenticity or
veracity of the Information that a User may provide to the Website/Application;
and
(e) the
User shall indemnify and hold harmless Progressix and each of its officers,
directors, contracts or agents and any third party relying on the Information
provided by the User in the event the User is in breach of this Policy.
Progressix represents and
warrants to every User that:
(a) it
shall not collect the User’s sensitive personal data unless such sensitive
personal data is collected for a lawful purpose for which such collection of
data is necessary;
(b) it
shall not retain any sensitive personal data for longer than such sensitive
personal data is required or can be lawfully used;
(c) in the event Progressix
collects Information directly from the User, Progressix shall make reasonable
effort to apprise the User of the purpose of such collection of Information,
the intended recipient of the Information and the details of the agencies
collecting and retaining the Information; and
(d) it has in place the
security practices and procedures prescribed under the Information Technology
(Reasonable Security Practices and Procedures and Sensitive Personal Data or
Information) Rules, 2011 (“IT Rules”).
3. PURPOSE AND USE OF INFORMATION
All Information
collected/stored by the Website/Application shall be used for:
(a) providing
information about new educational products and services to the Users;
(b) to
continually improve the existing Website/Application and service offerings;
(c) to
conduct research and surveys;
(d) to
implement the necessary security practices to ensure that all personal data are
protected;
(e) to
administer the User accounts in normal course of business;
(f) to
contact the Users in case where fraud, illegal activities or breach of privacy
is recorded;
(g) to enable the employees of
or persons acting on behalf of Progressix to communicate with the User, as and
when necessary, in order to provide the services requested by such User;
(h) such
other purposes that Progressix, at its sole discretion, however subject to the
principles contained in this Policy, may deem fit.
4. SHARING OF INFORMATION
4.1 Every User hereby
expressly agrees that Progressix may share the Information collected from such
User with its affiliates, employees, and such other individuals and
institutions located within or outside India from time to time to ensure
efficient management of Website/Application traffic, to detect and prevent
identity theft and other illegal acts, and to respond to legal, judicial,
quasi-judicial law enforcement agencies or in connection with an investigation
on matters related to public safety, as required and permitted by law and for
such other purposes that Progressix may deem fit from time to time.
5. DATA RETENTION
5.1 Progressix shall retain
Information for as long as is reasonably necessary in relation to the purposes
for which this data was collected. In many instances, Progressix shall retain
Information that is necessary for operation of the Website/Application by the
User, which may include maintaining this Information beyond when the User
ceases using the Website/Application.
5.2 However, all Information
pertaining to chats and student side test attempts shall only be retained by Progressix
for a period of 1 year from date of receipt of such Information, after which
such Information shall be automatically erased from the Progressix servers and
databases.
6. COOKIES AND THIRD PARTY WEBSITE/APPLICATION LINKS
The Website/Application send cookies (small files containing a string of characters)
to your computer, thereby uniquely identifying your browser. Cookies are used
to track your preferences, help you login faster, and aggregated to determine
user trends. This data is used to improve offerings, such as providing more
content in areas of greater interest to a majority of users.
Most browsers are initially
set up to accept cookies, but you can reset your browser to refuse all cookies
or to indicate when a cookie is being sent.
Disclaimer:
Some of the Website/Application
features and services may not function properly if your cookies are disabled
The Website/Application may
contain links that will redirect the Users to third party Website/Applications
that may have access to the personal information of the User to which this
Policy shall not be applicable. Thereby, every User agrees and acknowledges
that accessing third party Website/Applications through links provided in the Website/Application
will solely be at the Users discretion. Additionally, Progressix shall under no
circumstance be held liable for breach of privacy by such third party Website/Application
nor shall it be liable for any objectionable content that may be displayed on
such third party Website/Application. The Website/Application may contain links
to other Website/Applications, however, every User agrees and acknowledges that
the Website/Application shall not be responsible for the privacy practices of
other third party Website/Applications which it does not own, manage or
control.
7. PROTECTION OF INFORMATION
7.1 Progressix understands and
acknowledges the importance of security and protection of the Information
provided by and/or collected from the Users. Pursuant to the same, Progressix
shall make the best efforts to ensure protection of Information by use of such
security measures and programs that it may deem fit for the purpose. We shall
employ best efforts to protect the Information against any unauthorized,
illegal and fraudulent use of such Information by third parties.
7.2 Notwithstanding anything
to the contrary, Progressix shall not be held responsible for any loss, damage
or misuse of the Information caused to the User, if such loss, damage or misuse
is attributable to an event beyond the control of or attributable to Progressix
or a force majeure event.
7.3 Progressix shall ensure
that the Website/Application shall adopt appropriate encryption and security
measures to prevent any hacking of the information of the Users and third
parties and shall ensure that the User shall not be required or asked to
disclose any Information, which may be prejudicial to the interests of the
User. Currently, the content available on the Website/Application is encrypted
with AES 256 encryption where the data transfers are secured with HTTPS secured
protocols and video content is delivered through HLS protocols.
7.4 Progressix shall use the
Information collected from the Users in accordance with applicable laws
including but not limited to the IT Act and the rules made thereunder and use
the Information only for the purpose for which it was furnished.
7.5 Progressix has appropriate
physical, electronic and managerial procedures in relation to the Website/Application.
The servers of the Website/Application are accessible only to the authorized
personnel and any Information of the User shall be shared with the authorized
personnel only on a need to know basis to facilitate the services requested by
the User. Progressix shall endeavor
to safeguard the confidentiality of a User’s personally identifiable information, however, the transmissions made by means of the
Internet cannot be made absolutely secure by the Website/Application. The User
agrees and acknowledges that Progressix shall not be liable for disclosure of
any information due to errors in transmission or any unauthorized acts of third
parties.
7.6 The User agrees and
acknowledges that Progressix shall be entitled to share the Information where
such sharing is necessary for the lawful performance of the contractual
obligations existing between Progressix and the User and for such purposes as it
may deem fit, however, the disclosure of Information shall be in accordance
with this Policy, the IT Act and the rules made thereunder.
8. OPTION TO OPT-OUT AND WITHDRAWAL OF INFORMATION
8.1 The User has the option of
not providing its Information to Progressix. Further, Information provided
and/or collected by Progressix may be withdrawn at any time during or pursuant
to usage of the Website/Application by a User. Users desirous of withdrawing
the Information shall send an email to the grievance officer and request for
such withdrawal. Progressix may subsequent to such withdrawal of information,
at its sole discretion continue or discontinue the provision of its services to
such User.
9. GRIEVANCE REDRESSAL
The User may, report violation
of breach of privacy, Information or identify theft or grievances in relation
to the Information shared, collected, stored or disseminated by Progressix in
relation to the Website/Application, to the grievance officer. The details of
the grievance officer are as below:
Grievance Redressal
Attn: Raj Kumar
Address: Nirmala Sadan,
Nagar Nigam Colony, Khoja
Imli,Phuleari
Sharif, Patna
Phone Number: +91 9717433586
E-mail Address: info.progressix@gmail.com
10.UPDATION OF POLICY
Progressix reserves the right
to change or update this Policy at any time. The User shall be notified of any
change to the Policy having the effect of curtailing or limiting the existing
User rights under the Policy. Any such changes or updation
of the Policy shall be immediately effective upon posting to the Website/Application
and your continued use is deemed approval of all such changes.
11. GOVERNING LAW AND JURISDICTION
In the event of any dispute
arising between the parties with respect to this Policy, the same shall be
referred to the sole arbitrator and the arbitration shall be in accordance with
Arbitration and Conciliation Act of 1996. The language of arbitration
proceeding shall be English. The seat and place of arbitration shall be Patna,
India and the decision of the Arbitrator shall be final and binding on both
parties herein.
This contract shall be subject
to the exclusive jurisdiction of courts in Patna, India and shall be governed
by the Indian laws.
12. USE OF THE WEBSITE/APPLICATION BY CHILDREN
To register on thw Website/Application, you must meet the Age Requirements
specified hereinbelow. If you are a ‘Minor’ or
‘Child’, i.e., an individual who does not meet the Age Requirements, then you
may not register on the Website/Application, and only your parent can register
on your behalf, agree to all Website/Application Terms and Conditions and
enable access to you under their guidance and supervision.
While some of our services may
require collection of a Minor or Child’s personal information, we do not
knowingly collect such personal information. In the event a Minor or Child
utilizes the Website/Application, it is assumed that he / she has obtained the
consent of the parent / legal guardian and such use is made available by the
parents or legal guardian.
Progressix will not be
responsible for any consequences that arise as a result of misuse of our Website/Application
that may occur by virtue of any person including a Minor or Child registering
on the Website/Application. Progressix reserves the right to terminate your
subscription and / or refuse to provide you with access to the Website/Application
if it is discovered that you do not meet the Age Requirements and the consent
to use the Website/Application is not given by your parent / legal guardian. We
will also take necessary steps to remove such information from our servers.
If you are a parent / legal
guardian and you are aware that your child has provided us with personal
information without your consent, please contact us at info.progressix@gmail.com.
If your Child faces bullying,
abuse or harassment while availing our Services, please contact us at
info.progressix@gmail.com
Age Requirements to register and use the Website/Application
(“Age Requirements”):
If you are a resident of
India, then you must have attained at least eighteen (18) years of age, to
register and use the Website/Application, or else act under parental consent.
If you are a resident of
Australia, then you must have attained at least eighteen (18) years of age, to
register and use the Website/Application, or else act under parental consent.
If you are a resident of
Singapore, then you must have attained at least thirteen (13) years of age to
register and use the Website/Application, or else act under parental consent.
If you are a resident of South
Korea, then you must have attained at least fourteen (14) years of age to
register and use the Website/Application, or else act under parental consent.
If you are a resident of
Vietnam, then you must have attained at least sixteen (16) years of age to
register and use the Website/Application, or else act under parental consent.