Privacy Policy
This Privacy Policy forms an integral part of, and is expressly incorporated by reference into, the Bookzzy Terms of Use available at [●] (the “Terms of Use”). Capitalised terms used but not defined in this Privacy Policy shall bear the meanings assigned to them in the Terms of Use, including “Bookzzy”, “Platform”, “Website”, “Software”, “Business”, “End-User”, “General User”, “User”, “Services”, “Records”, “Agreement” and “Applicable Law”.
Fact Click Martech LLP acting for itself and on behalf of its Affiliates and group companies operating under the brand “Bookzzy” (“Bookzzy”, “Us”, “We”, “Our”), is the licensee, author, owner and publisher of the Software. This Privacy Policy (“Privacy Policy”) explains how We collect, use, share, disclose and protect Personal Information relating to Businesses, End-Users and General Users (together, “Users” or “You”).
BY USING THE SERVICES, OR BY OTHERWISE PROVIDING US WITH YOUR INFORMATION, YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY AND CONSENT TO OUR COLLECTION, USE, DISCLOSURE AND SHARING OF YOUR INFORMATION AS DESCRIBED HEREIN. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE PLATFORM, WEBSITE OR SERVICES, OR PROVIDE US WITH ANY INFORMATION. IF YOU ACCEPT THIS PRIVACY POLICY ON BEHALF OF ANOTHER INDIVIDUAL (SUCH AS A RELATIVE) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORISED TO (I) ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF, AND (II) CONSENT, ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF, TO OUR COLLECTION, USE AND DISCLOSURE OF THEIR INFORMATION AS DESCRIBED HEREIN.
Table Of Contents
1. REGULATORY BASIS AND SCOPE
1.1 This Privacy Policy is designed to ensure that Personal Information is handled in accordance with Applicable Law in the relevant jurisdiction(s) (“Applicable DP Law”), including, without limitation: the Digital Personal Data Protection Act, 2023 and rules made thereunder (India), the Information Technology Act, 2000 and the rules made thereunder (India); and, to the extent applicable to Bookzzy’s processing of information relating to Users situated outside India, the General Data Protection Regulation (EU/UK), the Privacy and Electronic Communications Regulations (UK), the CAN-SPAM Act, 2003 (USA), the Telephone Consumer Protection Act (USA), the Anti-Spam Legislation (Canada), and other applicable jurisdictional data-protection, data-privacy and anti-spam laws. Where Applicable DP Law in a given jurisdiction affords a User rights greater than those set out in this Privacy Policy, this Privacy Policy shall be read subject to, and Bookzzy shall comply with, such Applicable DP Law.
1.2 This Privacy Policy sets out: (a) the categories of information collected from Businesses and Users, including Personal Information and Sensitive Personal Data or Information; (b) the purpose, means and mode of collection, use, processing, retention and destruction of such information; and (c) how, and to whom, Bookzzy may disclose such information.
1.3 This Privacy Policy shall be updated by Bookzzy from time to time, including as may be necessary to remain consonant with developments in Applicable DP Law across jurisdictions in which Bookzzy operates or has Users.
DEFINITIONS
2.1 “Personal Information” means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.
2.2 “Sensitive Personal Data or Information” means Personal Information relating to: (a) passwords; (b) financial information, including bank account, credit card or debit card details or other payment-instrument details; (c) biometric information; (d) information received by a body corporate under a lawful contract or otherwise; (e) visitor details provided at the time of use of, or registration on, the Platform or Website, or thereafter; and (f) call data records.
2.3 “Personal Data” means any data about an individual who is identifiable by or in relation to such data, and, for the purposes of this Privacy Policy, is used interchangeably with, and is deemed to include, Personal Information or other information, as may be associated with Bookzzy by way of procurement, collection or other means.
2.4 Notwithstanding anything contained in this Privacy Policy, Bookzzy is entitled to use, collect and disclose information that is freely and lawfully available in the public domain, without Your consent, to the extent permitted under Applicable DP Law.
3. NFORMATION WE COLLECT
3.1 When You access the Platform or Website, avail the Services, or interact with Us by e-mail, telephone or other correspondence, We may request that You voluntarily provide certain information that identifies, or could be used to identify, You. By providing such information, You consent to its collection by Bookzzy. Without limiting the foregoing, information collected may include:
- contact data, such as Your e-mail address and phone number;
- demographic data, such as Your gender, date of birth and address;
- usage data regarding Your use of the Website, Platform or Services; and
- other information You voluntarily provide, including through e-mails, letters, images, documents or files.
4. GENERAL PRIVACY STATEMENTS (APPLICABLE TO ALL USERS)
4.1 Acceptance of the Terms of Use is a condition of Your use of, and access to, the Platform or Website and Your availing of the Services, and constitutes acceptance of this Privacy Policy. A Business or User that does not agree with this Privacy Policy must discontinue use of the Software and Services immediately. Where You elect not to disclose optional information, You acknowledge that this may limit Your ability to avail of some or all of the Services, or of the goods and services offered by Businesses You engage through the Platform.
4.2 All information provided to Bookzzy, including Personal Information and Sensitive Personal Data or Information, is provided voluntarily. Bookzzy may use such information: (a) to enable Your access to and use of the Platform or Website; (b) for commercial purposes, in an aggregated or non-personally-identifiable form, for research, statistical analysis and business intelligence; (c) for the sale or transfer of such aggregated or non-personally-identifiable research, statistical or intelligence data to third parties and Affiliates; (d) for communication purposes, so as to enable a better experience of the Platform, Website or Services; (e) for debugging-related purposes; and (f) to contact You in relation to an incomplete process You initiated on the Platform or Website. Bookzzy further reserves the right to use such information to: (i) identify You; (ii) publish such information on the Website or Platform, where required; (iii) contact You regarding developments likely to interest You; (iv) contact You for service feedback; (v) analyse usage patterns to improve product design and utility; (vi) analyse anonymised and aggregated information for commercial use; and (vii) enable Businesses to process payment instructions, whether directly or through independent third-party service providers.
4.3 By accessing and using the Platform or Website, and/or verifying Your contact number, You explicitly consent to receive the communications described in Clause 4.2 (whether by call, SMS, e-mail or other digital or electronic means) from a Business, Bookzzy, or their respective authorised representatives, even where Your contact number is registered on a “Do Not Disturb” or similar list under Applicable Law. Such consent shall, where applicable, constitute explicit consent for the purposes of Applicable DP Law, including the GDPR. For this purpose, the relevant information may be shared with third-party service providers, Affiliates, group companies, and their authorised agents.
4.4 The collection, use and disclosure of Personal Information or Sensitive Personal Data or Information requires Your express consent. By affirming Your assent to this Privacy Policy, You provide such consent as required under Applicable DP Law and other Applicable Law.
4.5 Bookzzy neither controls nor endorses content, messages or information provided by a Business on the Platform or Website, and disclaims all liability with regard to actions resulting from Your use of the Platform or Services in reliance thereon.
4.6 You are responsible for the accuracy of information You submit, including Your contact information provided at account registration. Where Your Personal Information changes, You may correct, delete or amend such information through Your account settings; We, and, where applicable, the relevant Business, will make good-faith efforts to reflect such changes in active databases as soon as reasonably practicable. Where You provide information that is untrue, inaccurate, outdated or incomplete (or that becomes so), or where Bookzzy has reasonable grounds to suspect the same, Bookzzy may, following such verification as is reasonably practicable in the circumstances, discontinue Your access to the Platform or Website. Bookzzy may decline to correct, delete or update Personal Data where: (a) it is opinion data retained solely for evaluative purposes; or (b) it forms part of documents relating to a prosecution where proceedings remain pending.
4.7 To cancel Your account, or to request that Your information no longer be used to provide You Services, contact Us at [●]. We will retain Your information for as long as Your account with the relevant Business remains active and as necessary for the Business to provide You goods or services, save where a longer retention period is mandated under Applicable DP Law or other Applicable Law. We shall not retain such information for longer than is required for the purpose for which it may lawfully be used, or as otherwise required by law. Thereafter, Your data may be anonymised and aggregated and retained for so long as necessary to enable the Business to provide You goods and services effectively, with Our use of such anonymised data limited to analytics. Withdrawal of consent or cancellation of Your account may result in the relevant Business being unable to provide You with its goods or services.
4.8 To opt out of non-essential communications, including promotional or marketing communications regarding a Business or the Website generally, write to Us at [●].
4.9 Where a Business requires payment by credit card, debit card, wire transfer, cheque or other means, Bookzzy is neither privy to, nor has any role in, the collection or processing of such payment information, which is processed on secure, encrypted sites of approved payment gateways. Users are advised that internet technology carries inherent risk, and Bookzzy shall have no liability to any Business or User in this regard.
4.10 In accordance with standard internet communication protocols, Bookzzy automatically receives the referring URL, the Internet Protocol (IP) address of the accessing device, device operating system, browser type, and the name of the internet service provider, when a Business or User accesses the Website or Platform. This information is used to analyse usage trends for improving service levels. Bookzzy additionally derives non-identifying e-mail-domain analytics (such as the proportion of Users on a given e-mail domain) solely for the purpose of technical administration and spam/fraud-pattern detection; this does not involve, and shall not be construed as, disclosure, sale, rental or sharing of any User’s e-mail address with a third party, and is without prejudice to Bookzzy’s “No-Spam” undertaking at Clause 9.5. The linkage between a User’s IP address and personally identifiable information is not shared with or disclosed to third parties, save that Bookzzy may share aggregate, anonymised findings with other parties to grow its business. Users are cautioned that IP addresses associated with comments posted on a blog hosted on the Website may be visible to that blog’s administrators.
4.11 The Website uses temporary cookies — being cookies that expire upon the earlier of the closure of Your browser session or twelve (12) months from being set, unless a shorter or longer period is specified in Bookzzy’s cookie settings on the Website — to store information (not constituting Sensitive Personal Data or Information) used by Bookzzy and its service providers for technical administration of the Website, research and development, and User administration. In serving advertisements or optimising Services, Bookzzy may permit authorised third parties to place or recognise a unique cookie on Your browser; such cookies do not store Your Personal Information. You may disable cookies through Your browser settings; the Website will remain usable, though certain features may be limited. Further detail on cookie categories, duration and controls is set out at Clause 8.
4.12 Advertisements on the Website may be delivered by advertising partners who may independently set cookies to compile information about You or other users of Your device, in order to deliver targeted advertisements. This Privacy Policy governs Bookzzy’s use of cookies and does not extend to cookies set by third-party advertisers.
4.13 A User has no access to the Platform, and only limited access to the Website, without creating an Account. To access the Platform and the full features of the Website, a User must create an Account by providing the following information, which the User acknowledges constitutes Personal Information: name; user ID; e-mail address; country; postal code; age; phone number; a password of the User’s choosing; and valid financial account information, where applicable. Other information requested during registration, including consent to receive promotional offers, is optional. Bookzzy may, in future, request additional optional information to enable personalisation of the Platform or Website.
4.14 Bookzzy does not exercise control over third-party sites displayed in search results or linked from the Website. Such sites may independently place cookies, collect data or solicit Personal Information, for which Bookzzy bears no responsibility or liability, consistent with Clause 8.8 (Third-Party Sites and Content) of the Terms of Use. Inclusion of a link does not imply Bookzzy’s endorsement of that site, its provider, or its content. Access to third-party sites is entirely at Your own risk, and Users are encouraged to review such sites’ privacy policies.
4.15 Where the Platform or Website enables a User to communicate with other Users or post information accessible to others, such other Users, including moderators or administrators, are not authorised representatives or agents of Bookzzy or a Business, and their statements do not reflect those of Bookzzy or the Business, nor are they authorised to bind Bookzzy or the Business to any contract. Bookzzy disclaims all liability for reliance on, or misuse of, information made available by Users in this manner.
4.16 Bookzzy does not collect information about visitors to the Website from external sources, such as public records or bodies, or private organisations, save for purposes of User registration, to which each User consents under the Terms of Use.
4.17 No-Spam undertaking. Bookzzy maintains a strict “No-Spam” policy and does not sell, rent or otherwise provide Your e-mail address to a third party without Your consent, save as otherwise expressly stated in this Privacy Policy.
4.18 Bookzzy has implemented international best-practice security policies, rules and technical measures to protect Personal Data under its control from unauthorised access, improper use or disclosure, unauthorised modification, and unlawful destruction or accidental loss. Bookzzy shall not be liable for data loss or theft arising from unauthorised access to a Business’s or User’s own electronic devices used to access the Platform or Website.
4.19 Bookzzy implements reasonable security practices and procedures and maintains a documented information-security programme comprising managerial, technical, operational and physical security-control measures commensurate with the nature of the information collected and Bookzzy’s business, in accordance with Applicable DP Law.
4.20 Bookzzy takes Your right to privacy seriously and, save as specifically stated in this Privacy Policy, will disclose Your Personal Information only where required by law, rule, regulation, a law-enforcement agency, governmental official or legal authority, or where Bookzzy, in its reasonable discretion, considers disclosure necessary to protect its rights or the rights of others, prevent harm to persons or property, address fraud or credit risk, or enforce the Terms of Use.
4.21 Save for the specific manner in which Bookzzy is authorised to use Your information as set out herein, and more particularly in respect of transactions between Businesses and End-Users, Bookzzy does not act as a data fiduciary or data controller in relation to such transactional information, and may merely have access to such data without any role in controlling, using or processing it. Businesses shall be solely liable in this regard, consistent with Clause 8.1 of the Terms of Use.
5. TERMS APPLICABLE TO BUSINESSES
5.1 In the course of a Business integrating, installing or accessing the Platform, Personal Information or Sensitive Personal Data or Information may be collected from the Business and its employees or representatives (together, “Business” for purposes of this Clause 5).
5.2 The statements in this Privacy Policy apply to all Businesses, who are required to read and understand them prior to submitting any Personal Information or Sensitive Personal Data or Information, failing which they must cease using the Platform, Services or Website immediately.
5.3 Personally identifiable information a Business chooses to provide on the Platform is used to describe and identify the Business. The Business remains the owner of its information and consents to Bookzzy collecting, using, processing and disclosing such information for the purposes stated herein, including: (a) in an aggregated or non-personally-identifiable form, for research, statistical analysis, business intelligence, and sale or transfer of such aggregated data to third parties and Affiliates; (b) publishing such information on the Website; (c) contacting the Business regarding new products or services; (d) contacting the Business for feedback on the Platform, Services or Website; (e) analysing software usage patterns to improve product design and utility; and (f) analysing anonymised information, including financial and inventory information, for commercial use.
5.4 Where a Business requires, and agrees with Bookzzy on a commercial basis, Bookzzy will provide a listing of the Business’s information on the Website, which may be used by Users to contact the Business. Such listed information is provided by the Business and displayed on an “as-is” basis, without representation or warranty as to accuracy or completeness. Businesses are encouraged to periodically verify the accuracy and completeness of their listed information and to promptly notify Us of any discrepancy.
5.5 Where You send Us a request, including via a support e-mail or feedback mechanism, We reserve the right to publish it to clarify or respond to Your request, or to assist other Businesses.
5.6 In providing goods and services to Users, Businesses will access and process data provided by Users, including Personal Information or Sensitive Personal Data or Information. Bookzzy has no role in such access, and Businesses are required to undertake the same strictly in accordance with their own policies and Applicable DP Law and other Applicable Law. Bookzzy shall have no liability in this regard, and Users shall have no claim against Bookzzy in respect thereof. The Business shall unconditionally indemnify Bookzzy against any cost, loss or damage incurred as a result of a claim arising from the Business’s access to or processing of End-User data.
5.7 Bookzzy enables Businesses to send communications, including e-mail campaigns, WhatsApp messages, SMS, push notifications and other promotional communications. Bookzzy’s role is limited to providing the underlying platform functionality; Businesses are solely responsible for ensuring that such communications, and their use of User information in connection therewith, comply with Applicable DP Law and other Applicable Law.
6. TERMS APPLICABLE TO END-USERS
6.1 In the course of registration or application on the Platform or Website, Personal Information or Sensitive Personal Data or Information is collected from End-Users.
6.2 The statements in this Privacy Policy apply to all End-Users, who are required to read and understand them prior to submitting any Personal Information or Sensitive Personal Data or Information, failing which they must cease access to the Platform or Website immediately.
6.3 Where You have inadvertently submitted information prior to reviewing this Privacy Policy, and do not agree with the manner of its collection, processing, storage, use or disclosure, You may access, modify or delete such information using the options provided on the Platform or Website.
6.4 An End-User’s personally identifiable information is used to identify the End-User and/or create their Account. Other, non-identifying information (such as usage patterns) is owned exclusively by Bookzzy, which may use such information, in an aggregated or non-personally-identifiable form, for research, statistical analysis, business intelligence, and the sale or transfer of such data to third parties and Affiliates. Bookzzy reserves the right to use anonymised End-User demographic and other information to: (a) analyse software usage patterns for product design and utility; (b) analyse such information for research and development; (c) inform other commercial product offerings of Bookzzy; and (d) share analysis of such information with Businesses or third parties for commercial use.
6.5 Bookzzy will communicate with End-Users by e-mail, phone, notices posted on the Platform or Website, or other messaging means. End-Users may change their communication preferences at any time through their Account settings.
6.6 Bookzzy may, from time to time, conduct optional surveys regarding End-User preferences. Survey responses will be kept anonymous, although they may be aggregated for analytical purposes.
6.7 End-Users acknowledge that Businesses will, in providing goods and services, access and process End-User data, including Personal Information or Sensitive Personal Data or Information. Bookzzy has no role in such access and requires Businesses to act strictly in accordance with their own policies, Applicable DP Law and other Applicable Law. Bookzzy shall have no liability in this regard, and End-Users shall not bring any claim against Bookzzy arising from a Business’s access to or processing of End-User data.
6.8 Bookzzy shall not utilise, in any manner, any transactional data or information of an End-User with a Business, for its own purposes. The Business shall be solely responsible for accessing, maintaining and processing such information in accordance with its contractual understanding with the End-User, Applicable DP Law and other Applicable Law.
6.9 Bookzzy shall not use Personal Information or Sensitive Personal Data or Information to train its artificial-intelligence models unless expressly authorised by You. Subject to this restriction, Bookzzy may use other information available to it for such purpose.
6.10 All Bookzzy personnel and data processors with access to, or involvement in the processing of, Sensitive Personal Data or Information are bound to respect its confidentiality. Bookzzy has implemented procedures and technologies, consistent with good industry practice and Applicable DP Law, to secure Personal Data from the point of collection to the point of destruction. Any third-party data processor to whom Bookzzy transfers Personal Data is required to agree to comply with such procedures and policies, or to implement adequate measures of its own. Notwithstanding the foregoing, in respect of transactional data between End-Users and a Business, the Business shall be solely responsible for the confidentiality of such data in accordance with its contractual understanding with the End-User, Applicable DP Law and other Applicable Law.
6.11 Bookzzy may disclose or transfer an End-User’s personal and other information to a third party in connection with a reorganisation, merger, or sale of assets of a Bookzzy group entity. Any transferee shall continue to be bound to use such information in accordance with the Terms of Use and this Privacy Policy.
6.12 To the extent necessary to enable End-Users to use the Website or Platform, or avail of a Business’s services, Bookzzy may provide Personal Information to third-party contractors engaged by or on behalf of Bookzzy to assist in communicating with End-Users or maintaining the Platform or Website. Such contractors generally have no independent right to share such information; however, certain contractors, including providers of online-communication services, may use and disclose such information in accordance with their own privacy policies, to the extent necessary to provide their services. You consent to Bookzzy disclosing Your Personal Information to such contractors, solely for such intended purposes.
6.13 Where You send Us a request, including via a support e-mail or feedback mechanism, We reserve the right to publish it to clarify or respond to Your request, or to assist other End-Users.
7. TERMS APPLICABLE TO GENERAL USERS
7.1 Bookzzy does not automatically collect Sensitive Personal Data or Information from a General User whose activity is limited to browsing the Website.
7.2 Certain provisions of this Privacy Policy nonetheless apply to General Users, who are required to read and understand them, failing which they must cease accessing the Website immediately.
7.3 Where You, as a General User, have inadvertently browsed the Website prior to reviewing this Privacy Policy and do not agree with the manner of information collection, processing, storage, use, disclosure or retention described herein, closing Your browser application will typically clear temporary cookies placed by Bookzzy; You are encouraged to additionally use Your browser’s “clear cookies” function, as Bookzzy cannot guarantee or predict the behaviour of every General User’s device.
7.4 Where You have voluntarily submitted Personal Data to Bookzzy by any means, including e-mail, post, or the Website’s registration process, this Privacy Policy shall apply to You in full.
7.5 Where You send Us a request, including via a support e-mail or feedback mechanism, We reserve the right to publish it to clarify or respond to Your request, or to assist other General Users.
8. COOKIES AND SIMILAR TECHNOLOGIES
8.1 The Website uses cookies and similar technologies, including temporary (session) cookies that expire upon closure of Your browser, and persistent cookies that remain on Your device for a defined period not exceeding twelve (12) months from being set, unless a different duration is specified in Bookzzy’s cookie settings on the Website.
8.2 Categories of cookies used include those strictly necessary for the functioning of the Website or Platform, analytics cookies used to understand usage patterns, and, where permitted by authorised third parties, advertising cookies used to serve relevant advertisements. No cookie used by Bookzzy stores Your Personal Information.
8.3 You may control or disable cookies through Your browser settings. Disabling cookies will not prevent Your use of the Website but may limit certain features.
9. CONFIDENTIALITY AND SECURITY
9.1 Your Personal Information is principally maintained in electronic form and may, from time to time, be converted to physical form. Bookzzy implements reasonable security practices and measures, including managerial, technical, operational and physical controls, commensurate with the information collected and the nature of Bookzzy’s business, to protect Your Personal Information online and offline.
9.2 No Bookzzy administrator has knowledge of Your password. You are responsible for protecting against unauthorised access to Your password, computer and mobile device, and should log off from the Platform or Website after each session. Bookzzy assumes no liability for unauthorised use of Your Account or password. If You suspect unauthorised use of Your Account, You must immediately notify Bookzzy at [●]. You shall indemnify Bookzzy for any loss suffered as a result of such unauthorised use.
9.3 Bookzzy makes User information accessible to its employees, agents, partners and third parties strictly on a need-to-know basis, and binds its employees to strict confidentiality obligations, consistent with Clause 12 (Confidentiality) of the Terms of Use.
9.4 Other than as stated in this Privacy Policy, and other than to its employees, contractors and affiliated organisations, Bookzzy discloses Personal Information and Sensitive Personal Data or Information only in response to a regulatory, judicial or governmental order or request, or where Bookzzy believes in good faith that disclosure is reasonably necessary to protect the property or rights of Bookzzy, third parties, or the public at large.
9.5 Bookzzy is not responsible for the confidentiality, security or distribution of End-User or General User Personal Information shared with a Business on the Platform, and shall not be liable for any breach of security, or the actions of third parties or events, beyond Bookzzy’s reasonable control, including acts of government, computer hacking, unauthorised access to computer data or storage devices, computer crashes, breach of security or encryption, or the poor quality of a User’s internet or telephone service.