PRIVACY POLICY

​Effective Date: [28/09/2022]

​Toiing International Private Limited is a company registered under Indian Companies Act, 2013 and operates under the brand name xQ (“Company” or “We” or “Us” or “our” and their connotations) operates a website (http://www.xqvideolab.com), a mobile application and an invite-only video lab platform for uploading assignments (together called as “Platform”) which is engaged in providing online and offline learning tools, video labs in schools, community platforms, mobile learning apps and services for children to help foster creativity, in the Indian market and other allied activities (“Service”). 

The Platform gathers certain information with prior consent from the following: users (including minor users (i.e. users being below 18 (eighteen) years of age, hereinafter referred to as “minor”) and their parents and/or legal guardians), customers and any visitors of the Platform (collectively “Users” or “You” or “your”). Any capitalized term used but not defined in this Privacy Policy shall have the meaning attributed to it in our Terms and Conditions (found on https://www.xqvideolab.com/terms-conditions).

​Your privacy is extremely important to us. We recognize the privacy concerns of the Users and hence as a commitment to provide safe and secure experience on our Platform, we have formulated this privacy policy (“Privacy Policy”) to help Users make an informed decision.

LEGAL BASIS:

​This Privacy Policy is meant to help the Users understand what information we collect, why we collect it, what information we disclose and how the Users can update, manage, export, and delete their information.  It shall be read with our Terms and Conditions (found on https://www.xqvideolab.com/terms-conditions and in compliance with the following: 

1.    ​The Information Technology Act, 2000

2.     The Information Technology (Reasonable Security Practices and Procedures and Personal Information) Rules, 2011 (the “IT Rules”)

3.     The Information Technology (Intermediaries Guidelines) Rules, 2011

4.     Any other applicable laws​ 

CONSENT:

The Users will be deemed to have read, understood and agreed to the terms as provided in this Privacy Policy. By granting their assent to this Privacy Policy, Users provide consent to such use, collection and disclosure of Personal Information as prescribed in this Privacy Policy. 

We reserve the right to update or change our Privacy Policy at any time and the Users should check this Privacy Policy periodically. Any changes to this Privacy Policy shall be updated by Us at https://www.xqvideolab.com/privacy-policy.

Continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute the Users’ acknowledgment of the modifications and their consent to abide and be bound by the modified Privacy Policy. Users have the right to opt out of the Platform and/ or Services at any moment. In addition, the Users can, by sending an email to support@xqvideolab.com to inquire whether the Company is in possession of their personal data, and they may also require the Company to delete and destroy all such information, upon request.

​In the event the Services are used on behalf of any other individual (such as a child/ parent etc.), or on behalf of any entity, the Users represent that they are authorised to accept this Privacy Policy and share such data as required on behalf of such person or entity. We may upload the minors’ content/ videos on the home page of the video lab platform, however only with the express consent of the: (a) parent; or (b) legal guardian of such minor.

REGISTRATION:​

In order to post content (including but not limited to videos) on the Platform, the Users shall be required to create an account thereon. In the event the account is being created on behalf of a minor, the User shall be deemed to be either: (a) a parent; or (b) a legal guardian of such minor.

In the event of registration to the video lab platform, only those Users to whom invites have been sent by our partner schools, can register on the video lab platform. Further, in case of any guest Users with respect to the video lab platform, such Users shall be verified offline by Us before they are given access to upload any videos/ content.

INFORMATION COLLECTED:

​All information collected by the Company is with the Users’ consent. The Company is however free to use, collect, and disclose information of the Users which is in the public domain or is furnished under the Right to Information Act, 2005, any rules made thereunder or any other law for the time being in force. 

When Users use / register on the Platform, the Users may provide the Company with certain information voluntarily which may be specific to the nature of the service being availed on the Platform and/or certain information may be collected by the Company. This information may include sensitive personal information as defined under the IT Rules (“Personal Information”).

​The Users hereby consent to the collection of such information by the Company. 

​Information collected by the Company shall include but not be limited to the following:

• Name of the Users
• In the event the User is registering to the Platform on behalf of a minor: (a) Name of the minor; (b) Gender of the minor; (c) Date of Birth of the minor; (d) Age of the minor; (e) Name of the minor’s school; (f) the Class in which such minor studies; and (g) Roll number of such minor
• Users’ Contact Details (Permanent Address, Correspondence Address, Email ID, Mobile No., etc.)
• Users’ Date of Birth and Nationality
• Users’ Age, Gender and other Demographics
• Financial information (like credit card, banking details), if applicable

We also collect certain information either when the Users provide it using the Platform or Services and / or automatically as You navigate through the Platform (which may include usage details, IP address, device ID and type, your browser type and language, the operating system used by your device, access times, and information collected through cookies, web beacons and other tracking technologies and which is covered by the Privacy Policy). 

Third parties may collect certain information by way of cookies, through our Platform. Such information may be collected, inter alia, for the following purposes: (a) advertising; (b) marketing; (c) data analytics; and (d) online reputation management.

If the Company has reasons to suspect that the information provided by any User is misleading, inaccurate, obsolete or incomplete, the Company reserves the right to refuse provision of the Services to the User at its sole discretion, without incurring any liability to the User or any third-party.

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USE OF THE INFORMATION COLLECTED:

​We will collect personal information by lawful and fair means and with the knowledge and consent of the Users. We collect Personal Information only necessary for the following purposes:

• To create and maintain your account; including personalization to improve the user experience;
• To improve our Services and to enable You to avail of our Services, and ensure efficient customer care experience, increasing efficiency of existing features, and develop new features;
• To enable the viewing of content in your interest;
• To send surveys or marketing communications to inform you of new products or Services or other information that may be of interest;
• To improve marketing and promotional efforts, to analyze Platform usage, improve the Platform’s content and Service offerings, and customize the Platform’s content, layout, and Services;
• To dispatch transaction-related communications such as welcome letters and billing reminders;
• To notify the necessary information related to the Platform and Services and your account on the Platform from time to time;
• To maintain records (internal record and record under statutory and legal provisions) and provide you with an efficient, safe and customized experience while using the Platform;
• To analyze overall trends to helps us improve the Platform and Services, including displaying detailed analytics to Users;
• To verify your identity and prevent fraud or other unauthorized or illegal activity;
• To comply with applicable laws, rules, and regulations; 
• To transfer the data and the rights associated therewith to a third party as part of reorganization or a sale of the assets of any division of the Company or the entire Company itself;
• To manage the Platform’s web system and troubleshoot problems related thereto; 
• And in any other way consistent with this Privacy Policy and to support the above activities.

​Additionally, 

• We reserve the right to use or disclose your Personal Information in response to any statutory or legal requirements in order to protect our rights, the rights of our other Users, data processors and any other person or property. Finally, we will use or disclose your Personal Information if we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or property, violations of the Platform’s other policies, or as otherwise required by law when responding to subpoenas, court orders and other legal processes. 

To the extent possible, We provide you with the option of not divulging any specific information that you wish for Us not to collect, store or use. You may also choose not to use a particular service or feature on the website and opt-out of any non-essential communications from the website.

In the event of collection of a minor’s information through the video lab platform, We hereby accept and acknowledge that the full identity of such minor shall not be revealed on the video lab platform.

DATA RETENTION:

​​We retain the Personal Information described under this Privacy Policy that the Users provide Us for the tenure that a particular User uses our Services

DATA PROTECTION:

The security of Personal Information is important and We have implemented reasonably sufficient means to protect the same. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure and We cannot guarantee its absolute security. We have implemented best industry practices and security policies, rules and technical measures to protect the data including Personal Information that is under the Company’s control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Services, We shall not be held liable for any loss whatsoever incurred by the Users or any third-party. 

In the event, our partners and third parties distribute Personal Information outside the scope of our agreement with such partners or third parties, the Company cannot be held liable for the confidentiality. Further, in case breach of security or actions including without limitation, computer hacking, unauthorized access to computer data and storage device, computer crashes etc., the Company will not be held responsible.

Sharing of Personal Information

The Company may share your Personal Information with third party service providers (called ‘data processors’) to perform certain processing activities on our behalf, such as Parties involved in hosting and enabling our Services. Please note that we will not share your Personal Information with third parties allowing them to use this information for their own purposes unless You have given explicit consent thereto.

THIRD PARTY DISCLAIMER:

The Platform may contain links to other websites. Please note that when Users click on one of these links, they are entering another website over which We have no control and for which We will bear no responsibility. Often these websites require the User to enter their Personal Information. We encourage the Users to read the privacy policies of all such websites as their policies may differ from our Privacy Policy. Users acknowledge and agree that We shall not be liable for any breach of your privacy or Personal Information or damage or loss incurred by their use of external sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, services, or other materials on, or available from, such websites or services. The inclusions or exclusions are not suggestive of any endorsement by the Company of the website or contents of the website. The Users may visit any third party website linked to the Platform at their risk. 

Additionally, the Platform may allow for certain content generated by the User, which can be accessed by other Users. Such Users, including any moderators or administrators, are not authorized representatives or agents of the Company and their opinions or statements do not necessarily reflect those of the Company and We are not bound thereby to any contract to that effect. The Company expressly disclaims any liability for any reliance or misuse of such information that is made available by the Users 

​​

RIGHTS OF THE USERS: 

As a User, the Company grants certain rights to You concerning Your data. As available and except as limited under applicable law, the rights afforded to users are:

• The right to access, update or delete the information We have on the User. This can be done through the Users’ account settings available on the Platform.
• The right of rectification. Users have the right to have their information rectified if that information is inaccurate or incomplete. 
• The right to object and restrict. Users can object and restrict to the processing of their Personal Information. This may however, interfere with the provision of Services to its optimum.  
• The right to data portability. Users have the right to be provided with a copy of the information We have on You in a structured, machine-readable and commonly used format. 
• The right to withdraw consent. Users have the right to withdraw their consent at any time where consent is given pertaining to Personal Information.
  

Please note that Users may be asked to verify identity before responding to such requests. If You are unable to perform these actions themselves, please get in touch with the Grievance Officer for assistance.

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CONIDENTIALITY:

​Users further acknowledge that the Platform may contain information that is designated confidential by Us and that User shall not disclose such information without Our prior written consent. The Users’ information is regarded as confidential and therefore will not be divulged to any third party, unless if legally required to do so to the appropriate authorities. We will not sell, share, or rent Your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Us will only be in connection with the provision of Services, and You retain sole discretion to seek for discontinuation of such communications at any point in time.

​

COOKIE POLICY:

​A cookie is a small text file stored on our Platform that helps Us in many ways to make Your use of the Services more efficient and meaningful to you (“Cookie(s)”). Among other things, Cookies avoid You having to log in every time you come back to the Services. They also allow us to tailor the Service to better match your needs.

A session Cookie is stored only in Your computer’s/ personal device’s working memory and only lasts for your browsing session. When you close all your browser’s windows, or when you shut down your computer/ personal device, the session Cookie disappears forever.

​A persistent Cookie remains on your computer/ personal device after You close Your browser so that it can be used by Your browser on subsequent visits to the Services. Persistent Cookies stay on Your computer/ personal device until either they expire or are overwritten with newer Cookies, or you manually remove them. Most browsers can be configured not to accept Cookies; however, this may prevent you from having access to some site functions or features.

How We Use Cookies

​We use Cookies for the following purposes:

• To provide and improve the Services;
• For User authentication and enabling You to remain logged in;
• To remember Users’ preferences and settings;
• For analytics and research, including to understand how You use the Services and which content users prefer;
• To personalize the Services for You; and
• To assist with security and administrative functions.

​What are Your choices about Cookies?

​You can learn more about how Cookies work and how to turn them off in your particular browsers. Please remember that if you replace, change or upgrade your browser, or delete your Cookies, you may need to use these opt-out tools again. Additionally, if you turn Your Cookies off, some features of our Services may not function properly.

SEVERABILITY

​Each paragraph of this Policy shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise expressly indicated or indicated by the context of the agreement. The decision or declaration that one or more of the paragraphs are null and void shall not affect the remaining paragraphs of this Privacy Policy.

​CONTACT DETAILS:

​Users may contact the Company by email or postal mail on the following address of the Grievance Officer:

Toiing International Private Limited

Grievance Officer: Kartik Talwar

E-mail ID: support@xqvideolab.com