Privacy Policy (18/10/2023)
Privacy Policy
Welcome to www.cloudconverse.com and www.saleschat.pro along with its associated sub-domains, sites, services and tools (as applicable) (collectively referred to as the “Platform”), owned by Cloud Converse Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its registered address at GD-3, Suyog Industrial Estate, LBS Marg, Opp Vitram Glass Factory, Vikhroli (W) Mumbai - 400083, India (hereinafter referred to as the “Company” which expression shall, unless it be repugnant to the context thereof, be deemed to mean and include its successors, affiliates, and permitted assigns).
The Company is committed to respecting your online privacy and recognizes your need for appropriate protection and management of any information you share with the Company on the Platform. This privacy policy (“Policy”) explains how the Company will collect, use, share and process information in relation to the SQS Services (as defined below), SABS Services (as defined below), and any other services (collectively “Services”) provided on the Platform.
This Policy shall be deemed to be incorporated into the terms of use of the Platform (the “Terms”) and shall be read in addition to the Terms. Capitalised words and expressions not defined in this Policy but defined in the Terms shall have the same meaning as assigned to them under the Terms. In the event of any conflict between this Policy and the Terms, the interpretation placed by the Company shall be final and binding on you.
By accepting this Policy, through an affirmative action, you provide free, specific, informed, unconditional and unambiguous consent to the Company and understand and agree to the collection, use, sharing and processing of personal information and business information as described herein. If you provide the Company with personal information or business information of someone else, you confirm that (a) such information is accurate and up-to-date; (b) such person is aware that you have provided their information; and (c) they consent to the processing of their information in accordance with this Policy. This Policy applies to all the current and former visitors, users, and others who access this Platform. You additionally understand and acknowledge that the Company may have access to information or business information of someone else, which while not provided by you, is available to the Company pursuant to the provision of Services and agree to such access.
1.SCOPE
This Policy is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the Rules made thereunder. This Policy does not require any physical, electronic, or digital signature.
By agreeing, accessing or using the Platform, giving us your information, or otherwise clicking to accept this Policy, if and when prompted on the Platform, you undertake that you have the capacity to enter into a legally binding contract vide this Policy, which constitutes a legally binding document between you and the Company under the applicable law, in particular, the Indian Contract Act, 1872. The Company will collect and process your customer’s personal information and third-party data carefully, only for the purposes described in this Policy and only to the extent necessary as defined herein and within the scope of the applicable legal regulations. This Policy seeks to ensure that any personal information or business information or third-party information handled by the Company is managed in a way that is ethical, compliant and adheres to best industry practices.
Please read the terms and conditions of this Policy carefully, before accepting the same, and/or using the Platform. By accessing or using the Platform including its Services, you agree to the terms of this Policy. If you are accepting this Policy on behalf of another person, you represent and warrant that you have full authority to bind such person to these terms. If you are accepting this Policy on behalf of a child or person with disability, you represent and warrant that you are a parent or legal guardian of such a child or person with disability, as the case may be.
This Policy describes the types of information the Company collects, why and how the Company uses such information, with whom the Company shares it, and the choices you can make about the Company’s use of the information. This Policy also describes the measures the Company takes to protect the security of the information and how you can contact the Company about its privacy practices.
This Policy describes the Company’s current data protection policies and practices and may be amended/updated from time to time. The Company will notify you at least once in a year, or whenever there is a change in the Policy, by email or by posting a conspicuous notice on the Platform regarding its then applicable data protection policies. The Policy shall come to effect from the date of such update, change or modification. It is recommended that you regularly check this Policy to apprise yourself of any updates. Your acceptance or continued use of the Platform or provision of data or information thereafter will imply your unconditional acceptance of such updates to this Policy.
2.CONSENT
By performing the affirmative action, as deem fit by the Company but subject to applicable law, you expressly, freely, unconditionally, and unambiguously consent to the Company’s use and disclosure of your Personal Information (as defined below) including SPDI (as defined below), Business Information (as defined below) and Third-party Information (as defined below) in accordance with this Policy. If you do not agree with the terms of this Policy, please do not accept the Policy or use of the Platform.
You further accept and acknowledge that in addition to the acceptance of this Policy, you expressly and freely consent to the terms and conditions; as well as privacy policy for any third party service provider, whose website or platform you may access to avail the Services. The Company shall provide Services only with an assumption and goodwill that this Clause 2.2 is adhered by you, the User.
In the event you wish to avail any Services provided by the Company on the Platform, the Company shall provide login credentials (“Login Credentials”) as set out in the Terms. You hereby explicitly agree that your use and access of the Login Credentials shall be governed by the Terms read with the terms of this Policy and any other agreement that you may enter into with the Company.
In order to avail any Services on the Platform, you will be required to share certain Third-party Information. The term “Third-party Information”, for the purpose of this Policy, shall mean and include any Information collected from a third-party information source, i.e., your customers. The Company, whilst providing the Services on the Platform, shall not be responsible for access to or use of such Third-party Information. Depending on the nature of the Services being availed by you on the Platform, you hereby agree that you obtained explicit written authorization and consent, from all such subjects/individuals whose Information you provide in the format required by the applicable laws in force, from time to time and store the same in your custody basis such laws. If at any point, any third party refuses to share their information, or makes any other request with respect to such information shared, you shall reach out to the Company in writing through an email at info@saleschat.pro. You hereby represent and warrant that the Company shall not be held responsible, liable or accountable in any manner or to any extent whatsoever, for your failure to perform obligations under this Clause 2.4.
3.TYPES OF INFORMATION
Personal Information: Personal Information means any information that may be used to identify an individual, including, but not limited to, the first and last names, telephone number, age, e-mail address, or any other contact information, financial information including bank account details, credit/debit card details or such other payment information. Further, Sensitive Personal Data or Information (“SPDI”) of a person includes Personal Information about that person relating to passwords, financial information (bank accounts, credit and debit cards or other payment instruments) and physical information. The Company limits the collection of Personal Information to that which is necessary for its intended purpose.
Business Information: Business Information means any information that may be used to identify your business, including but not limited to the name and address of the entity, domain name, secret API key, brand name of the entity, e-mail address of the entity, contact information of the registered office, company identification number (CIN), GST number, authorised signatory, financial information including bank account details and cancelled cheque, PAN details, names of the directors and such other similar information (hereinafter referred to as “Business Information”). Business Information shall also include client/customer information capable of identifying such client/customer.
Non-Personal Information: Non-Personal Information means information that does not specifically identify an individual or business, but includes information from you, such as your browser type, the URL of the previous platforms you visited, your Internet Service Provider (ISP), operating system and your Internet Protocol (IP) address. The Company may gather any non-personal information regarding how many people visit the Platform, the pages they visit, their IP address, and the type of browser they use while visiting the Platform, versions, time zone settings and locations, operating systems, applications installed on your device, device ID, device manufacturer and type, device, connection information, screen resolution, usage statistics, default communication applications and other technology on the devices you use to access the Platform. Such information shall also include all such Personal Information collected and stored by the Company that undergoes the process of de-identification and is no more identifiable to you or any natural person (hereinafter referred to as “Non-Personal Information”). The Company may also collect Non-Personal Information that you voluntarily provide, such as information included in response to a questionnaire, or a survey conducted by the Company.
Usage Information: Usage Information includes without limitation all data and information collected automatically through the Platform (or through the third party analytics service providers), by use and access of the Platform in the nature of system administrative data, statistical and demographical data, operational information and data generated by or characterizing use of the Platform including without limitation Non-Personal Information, cookies, Platform traffic, time spent on the Platform, number of visits to the Platform and other similar information and behaviour indicating the mode and manner of use of the Platform (hereinafter referred to as the “Usage Information”).
Personal Information, SPDI, Business Information, Non-Personal Information, and Usage Information hereinafter shall be referred to as “Information”.
4.COLLECTION OF INFORMATION
The Company may collect Information from you when you to (a) register on the Platform in accordance with the procedure set forth in the Terms; (b) update or change personal details in your User Account; (c) provide you with a dashboard of the Services provided by the Company using the Platform; (d) provide the Services to you in accordance with the Terms; and (e) facilitate your communication with the Company on the Platform in relation to the Services and your obligations.
You hereby acknowledge and agree that all Information is provided by you to the Company voluntarily and the Information provided by you is not subject to any undue influence.
The Company may use cookies to monitor the Platform usage including, without limitation, to provide useful features to simplify your experience when you return to the Platform, like remembering your login ID and all such Information to deliver relevant content including future scope of business, additional features, or commercial terms based on the nature of your engagement with us, and your preferences, usage patterns, and location.
You may also be required to provide your billing address as well as bank account details to process the fees payable by you to the Company. The Company will use this Information only for processing payment of such fees to the Company and for the fulfilment of any payment obligations you may have towards the Company.
The Company may also collect Non-Personal Information or Usage Information based on your browsing activity and in relation to your use or access to the Platform like your browser type, your Internet Protocol (IP) address, your operating system, your prior search results etc., which may or may not be publicly accessible.
nformation collected by the Company from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such information was collected.
5.USE OF INFORMATION
The Company uses the Information you provide to (a) manage your User Account registered with us; (b) process your requests for providing Services offered by the Company to you, (including, to manage and track requests fulfilled by the Company for you); (c) respond to your inquiries about the Services on the Platform; (d) provide you with information about products and Services available on the Platform and offer you other products, services, or offerings that the Company believes may be of interest to you; (e) resolve any glitches on the Platform including addressing any technical problems; (f) improve the services and content on the Platform, your experience of navigating through the Platform and carrying out Service through the Platform; and (g) manage the Company’s relationship with you.
The Company shall use the Information only for the provision of Services to you and shall delete such Information in accordance with the terms contained herein.
The Company may use the Information to monitor your use of the Platform and may review and analyse the Information provided by you to provide you with customized service.
The Company may use your Non-Personal Information or Usage Information for internal business purposes, such as data analysis, research, developing new products and/or features, enhancing and improving existing products and services and identifying usage trends.
Subject to and in accordance with applicable laws, the Company has the right to use your Information for the purpose of conducting promotional/marketing related activities on the Platform, including but not limited to, using your Personal Information and Business Information for making posters/banners to promote the services of the Company.
When you send an email message or otherwise contact the Company through its Platform, the Company may use the Information provided by you to respond to your communication by way of Short Message Service (SMS), email or any other communication channels. The Company may also archive such Information and/or use it for future communications with you to inform you regarding updates, newsletters, offers, new services and promotions.
6.INFORMATION SHARING
The Company maintains your Information in electronic form on its devices and on the equipment of the Company’s employees. The Information is made accessible to employees, agents, or partners and third parties only on a need-to-know basis.
The Company does not rent, sell, or share Information with other people or with other non-affiliated entities without your consent, except to provide services you have requested for or under the following circumstances:
the Company may engage third party vendors and/or contractors to aid in performing the Services, who may have access to Information by way of your engagement with such third party vendors.
In order to process your transactions, the Company may use a payment gateway service provider of its own choice, which may have access to the Information provided by you while receiving such payment.
the Company may rent, sell, or share Non-Personal Information or Personal Information or Business Information in an aggregate form after it undergoes the process of de-identification and is no more identifiable to you, with any third party.
the Company may share Information with government authorities in response to subpoenas, court orders, or other legal process; to establish or exercise legal rights; to defend against legal claims; or as otherwise required by law. This may be done in response to a law enforcement agency's request.
7.THIRD PARTY SERVICE PROVIDERS
The Company may engage other third-party vendors and/or contractors to deliver part of the Services to you and perform certain other support services for the Company, including, without limitation, fulfilment of any request by you, software maintenance services, advertising and marketing services, web hosting services and such other related services which are required by the Company to provide its services efficiently. These third parties may have limited access to Information. If they do, this limited access is provided so that they may perform these tasks for the Company and they are not authorized by the Company to otherwise use or disclose Information, except to the extent required by law.
Availing the Services may require you to interact with the platform of third parties. the Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such platforms. The Company does not make any representations concerning the privacy practices or policies or terms of use of such platforms, nor does it control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials available on such platforms. The inclusion or exclusion does not imply any endorsement by the Company of the platform, the platform’s provider, or the information on such platform. Before enabling any sharing functions to communicate with any such platforms or otherwise visiting any such platforms, the Company strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party platforms.
8.DISCLOSURE TO ACQUIRERS
The Company may disclose and/or transfer Information to an investor, acquirer, assignee, or other successor entity in connection with a sale, merger, or reorganization of all or substantially all of the equity, business or assets of the Company.
You have the right to withdraw your consent at any point, provided such withdrawal of the consent is intimated to the Company in writing through an email at info@saleschat.pro, requesting the same. You understand and acknowledge that if you withdraw your consent, it will affect the terms of engagement between you and the Company. If you at any time wish to rectify your Personal Information or Business Information, you may write to the Company as per paragraph 10 of this Policy.
Once you withdraw your consent to share the Personal Information or Business Information collected by the Company, the Company shall have the option not to fulfil the purposes for which the said Personal Information or Business Information was sought and the Company may restrict you from using the services on the Platform and/or the Platform itself.
If you wish to delete your User Account, and thereby discontinue using the services provided by the Company on the Platform, you may do so at any time, in accordance with the Terms and/or any other agreement that you may enter into with the Company. In other cases, you may discontinue using the services provided by the Company on the Platform by writing to the Company at info@saleschat.pro .
You shall have the right to review your Personal Information or Business Information and/or SPDI (as the case may be) submitted by you on the Platform and to modify or delete any Personal Information or Business Information and/or SPDI (as the case may be), provided by you, directly on the Platform. You hereby understand that any such modification, correction, erasure or deletion may affect your ability to use the Platform or the Company’s ability to provide you the services.
The Company reserves the right to verify and authenticate your identity and your User Account Information and/or payment Information in order to ensure accurate delivery of services. Access to or correction, erasure, updating or deletion of your Personal Information or Business Information and/or SPDI (as the case may be) may be denied or limited by the Company if it would violate another person’s rights and/or is not otherwise permitted by applicable law.
If you need to update, erase or correct your Personal Information or Business Information that the Company may have collected, you may send updates, request for erasure and corrections to the Company at info@saleschat.pro, citing the reason for such rectification or erasure of Personal Information or Business Information. The Company will take all reasonable efforts to incorporate the changes within a reasonable period of time.
The Company shall store your Personal Information or Business Information at least for such period as may be required and permitted by law or for a period necessary to satisfy the purpose for which the Personal Information or Business Information has been collected or till such period as may be separately agreed in writing. These periods vary depending on the nature of the Information and your interactions with the Company.
The Company may store Non-Personal Information and Usage Information received from you till such time it requires provided such storage and retention is in accordance with applicable law.
You agree that you will not submit any false information or any illegal or damaging content to the Platform.
The Company reserves the right to terminate access to or the ability to interact with the Platform in response to any concerns the Company may have about false, illegal, or damaging content, or for any other reason, in its sole discretion.
12.COOKIES
To enhance your experience with the Platform, the Company uses "cookies” and pixel tags and clear gifts on certain pages of the Platform or other tracking technologies to distinguish you from other users and to remember your preferences on the Platform. This helps the Company to provide you with a good experience when you use the services on the Platform and also allows the Company to improve such services. Cookies are text files that the Company places in your computer’s/device's browser to store your preferences. Cookies, by themselves, do not tell the Company your e-mail address or other personally identifiable information unless you choose to provide this information to the Company, for example, by registering on the Platform. They are designed to hold a marginal amount of data specific to a particular user and Platform and can be accessed either by the web server or the user’s device. However, once you choose to furnish the Platform with personally identifiable information, this information may be linked to the data stored in the cookie. The Company uses cookies to understand site usage and to improve the content and offerings on the Platform. For example, the Company may use cookies to personalize your experience on the Platform (e.g., to recognize you by name when you return to the Platform), save your password in password-protected areas, and enable you to avail services on the Platform. The Company may also use cookies to offer you incentives, schemes, programs, or services. Cookies may be placed on the Platform by third parties as well, the use of which the Company does not control.
Session cookies are automatically deleted from your hard drive once a session ends, and most cookies are session cookies. If your browser permits, you may decline the cookies, however, if you decline the cookies, you may be unable to use certain features on the Platform and you may be required to re-enter your password frequently. You may opt to leave the cookie turned on.
13.PROTECTION OF INFORMATION
The Company has taken adequate measures to protect the security and confidentiality of Information and to ensure that your choices for its intended use are honoured. The Company uses industry standards, and physical, technical, and administrative security measures on a best efforts’ basis, to keep Information confidential and secure and the Company will not share your Information with third parties, except as otherwise provided in this Policy. Please be advised that, however, while the Company strives to protect Information and privacy, the Company cannot guarantee or warrant its absolute security when Information is transmitted over the internet into the Platform. The Company will annually evaluate this necessity considering your privacy and the Company’s relation with you while keeping the applicable legislation in mind.
Access to your online User Account on the Platform is via. your Login Credentials, which is password protected and this helps to secure your User Account information. You are solely responsible for maintaining the confidentiality of your Login Credentials. To ensure safety of your Information, you are advised against sharing your Login Credentials with anyone. If you suspect any unauthorized use of your User Account, you must immediately notify the Company. You shall be liable to indemnify the Company for any loss suffered by the Company due to such unauthorized use of your User Account.
For any loss or theft of Information, due to unauthorized access to your device through which you use the Platform or for other reasons solely attributable to you, the Company shall not be held liable or responsible under any circumstance whatsoever. Further, the Company shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the Company’s reasonable control including but not limited to acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, your poor quality of internet service or telephone service, etc.
14.MINOR & USAGE ON BEHALF OF ANOTHER PERSON
The Company does not intend to attract anyone under the relevant age of consent to enter into binding legal contracts under the laws of their respective jurisdictions. The Company does not intentionally or knowingly collect Personal Information through the Platform from anyone under that age. The Company encourages parents and guardians to be involved in the online activities of minors to ensure that no Personal Information is collected from a minor without their prior consent. If you are using the Platform on behalf of someone else, you represent and warrant that you are authorised by such person to accept this Policy on their behalf and to consent on behalf of such person to the Company’s use of such person’s Information as described in this Policy. If you are accepting this Policy on behalf of a child or person with disability, you represent and warrant that you are a parent or legal guardian of such a child or person with disability, as the case may be.
15.LIMITATION OF LIABILITY
The Company shall not be liable to you for any loss of profit, production, anticipated savings, goodwill or business opportunities or any type of direct or indirect, incidental, economic, compensatory, punitive, exemplary, or consequential losses arising out of performance or non-performance of its obligations under this Policy and non-compliance with privacy policy of third party vendors.
The Company is not responsible for any actions or inactions of any third parties that receive your Information.
Notwithstanding anything contained in this Policy or elsewhere, the Company shall not be held responsible for any loss, damage, or misuse of your Information, if such loss, damage, or misuse is attributable to a Force Majeure Event. The term “Force Majeure Event” shall mean any event that is beyond the reasonable control of the Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, pandemic or national/state lockdown or any other reason and any other similar events not within the control of the Company and which the Company is not able to overcome.
16.OPT-OUT
Once you register on the Platform, you may receive Short Message Service (SMS) and phone calls from the Company on the registered mobile number and e-mails on your registered e-mail address with the Company (as applicable). These messages, e-mails and calls could relate to your registration, services that you avail through the Platform and promotions that are undertaken by the Company. You have the option to 'opt-out' of all the Company newsletters and other general email marketing communications in the manner indicated by the Company within such mailers. The Company respects your privacy and in the event that you choose to not receive such mailers, the Company shall take all adequate steps to remove you from such lists. However, you will not be able to opt-out of receiving administrative messages, service responses or other transactional communications.
17.GOVERNING LAW
This Policy shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, Maharashtra. In the event of any dispute arising out of this Policy, the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties, and governed by the Arbitration and Conciliation Act, 1996 as amended from time to time. The venue and seat of arbitration shall be Mumbai, Maharashtra.
18.GRIEVANCE REDRESSAL MECHANISM
For registering your concerns, complaint or grievances, please write to the below mentioned designated officer of the Company at the below-mentioned email address in relation to any violation of this Policy or the applicable laws. The designated officer shall redress the concerns, complaint or grievances in accordance with the applicable laws.
Name: Harshal Vora
Address: GD3 Suyog Industrial Estate, LBS Marg, Vikhroli West, Mumbai 400083.
Mobile No: +919252000049
Email: info@saleschat.pro
19.CONTACT DETAILS
If you have any questions or concerns about this Policy, you may contact the Company at info@saleschat.pro