This domain name “https://fluttr.social/” (“Website”) is owned by Icekube Media Private Limited, a private limited company incorporated and registered under the Companies Act, 1956, having its office at 7, Golf View Park, Near Diamond Garden, Aloysis Soares Marg, Chembur, Mumbai 400071 (hereinafter referred to as (“Fluttr”). The Website is an online portal run by Fluttr. Fluttr places its highest value on your trust and put top priority on protecting your Personal Information and this privacy policy (“Policy”) explains how Fluttr will collect, use, share and process Personal Information (as defined herein) in relation to the services provided on the Website.
For the purpose of this Privacy Policy, wherever the context so requires "You" or "User" shall mean any natural or legal person who has either agreed to become an Influencer (“Influencer” refers to any natural person who has a social media account.) on the Website by providing relevant registration data while registering on the Website as registered user using the computer systems or can also refer to an unregistered User. Company allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our", “Company” shall mean “Fluttr”.
This Policy is being framed in view of the Digital Personal Data Protection Act 2023, read in conjunction with the Information Technology Act, 2000 read with Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
By accepting this Policy, you understand and agree to the collection, use, sharing and processing of Personal Information. If you provide Fluttr with Personal Information about someone else, you confirm that they are aware that you have provided their information and that they consent to Fluttr’s use of their information according to this Policy. This Policy applies to all the current and former visitors, users and others who access this Website.
Scope
This Policy is an electronic record in the form of an electronic contract formed under the applicable law. This Policy does not require any physical, electronic or digital signature.
By accessing or using the Website or otherwise giving us your information, 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 Fluttr under the applicable law, in particular, the Indian Contract Act, 1872.
Fluttr will collect and process your personal 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 third-party information handled by Fluttr 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 accessing or using this Website. By accessing or using the Website including its services, you agree to the terms of this Policy. If you are accepting this Policy on behalf of another person or company or other legal entity, you represent and warrant that you have full authority to bind such person, company or legal entity to these terms.
This Policy describes the types of information Fluttr collects, why and how Fluttr uses the information, with whom Fluttr shares it, and the choices you can make about Fluttr’s use of the information. Fluttr also describes the measures Fluttr takes to protect the security of the information and how you can contact Fluttr about its privacy practices.
This Policy describes Fluttr’s current data protection policies and practices and may be amended/updated from time to time. Any changes to this Policy will become effective upon posting of the revised Policy on the Website. It is recommended that you regularly check this Policy to apprise yourself of any updates. Your continued use of Website or provision of data or information thereafter will imply your unconditional acceptance of such updates to this Policy.
Consent
By mere use of the Website, you freely, expressly, specifically and unconditionally consent to Fluttr’s use and disclosure of your Personal Information, including ‘Sensitive Personal Data or Information’ (as defined under Rule 3 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011) and any ‘Personal Data’ (as defined under Section 2(t) of the Digital Personal Data Protection Act and third-party information in accordance with this Policy. If you do not agree with the terms of this Policy, please do not use this Website. This Policy shall be deemed to be incorporated into the ‘Terms of Use’ available at https://fluttr.social/terms-of-use of the Website and shall be read in addition to the Terms of Use.
In order to avail any services on the Website, you may be using third-party information. You hereby explicitly agree that you have obtained explicit written authorization and consent by way of affixing the signature, digital or physical, from all such subjects/individuals whose information you verify/provide data against in the format required by the applicable laws in force, from time to time and store the same in its custody basis such laws. You hereby represent and warrant that Fluttr 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.
You have the right to withdraw the consent provided to Fluttr at any point by contacting our Consent Manager [insert details of Consent Manager].Upon your withdrawal of consent, Fluttr shall, unless retention is necessary for compliance with any law for the time being in force, (i) erase all Personal Data and Sensitive Personal Data provided by you; and (ii) cause its Data Processor (as defined under Section 2 (k) of the Digital Personal Data Protection Act, 2023) to erase any Personal Data and Sensitive Personal Data pertaining to you that was made available by Fluttr for processing by such Data Processor.
In accordance with Section 5 of the Digital Data Protection Act 2023, Fluttr shall provide you with a consent notice in multiple languages detailing (i) the Personal Data, the Sensitive Personal Data that you will be providing and the purpose for which the same is proposed to be processed by Fluttr; (ii) the manner in which you may exercise your rights under sub-section (4) of section 6 and section 13 of the Digital Personal Data Protection Act 2023; and (iii) the manner in which you may make a complaint to the Data Protection Authority.
How We Use Information
We control and process the Personal Information you provide to us freely and voluntarily, which we collect from other sources, and which we generate to perform the following services for you and to meet our contractual obligations towards you.
You hereby explicitly, unambiguously, freely unconditionally and specifically provide informed consent to Fluttr to use and share your personal data in order to perform the following services:
Create your account when you sign up and log you in, which is necessary for us to provide our services to you in accordance with the Terms of Use.
Operate, maintain, and improve the Website by analysing how you and our other users use and interact with it. This is to meet our legitimate business interests in providing the Website and ensuring that it provides the best experience for our users;
Validate, facilitate, and prevent fraudulent offers. This may include processing orders for vouchers and other goods and services, payment verification, and verifying that vouchers redeemed by users are valid. This is necessary to meet our contractual commitments to you set out in the Terms of Use;
Integrate WhatsApp features into our services using a third-party service provider (as detailed herein below)
You acknowledge and agree that your use of the WhatsApp integration may involve sharing certain information with WhatsApp and our third-party service provider. This information may include but is not limited to event details, authentication data, and campaign-related information.
User Registration: In order to access certain features of our services, you may need to register an account. You agree to provide accurate and complete information (including your unique user ID, mobile number, email address) during the registration process.
Authentication: We may use email and phone number verification for user registration and authentication purposes. By using our Services, you consent to the use of your email address and phone number for this purpose.
Carry-out marketing, which may involve:
Establishing and analysing individual and group profiles and user behavior, in order to determine your or others interest in certain types of offers, products, and services. We do this by analysing your interactions with the Website and your other personal data to determine what your interests are, and what sorts of products and services people with similar interests also buy, which helps us understand what products and services you may be interested in viewing. This is to meet our legitimate interests in understanding the types of products and services our users are interested in, and to provide the most relevant products to you and our other users;
Showing relevant offers and advertising. We will use the profiles described above to create advertising for our products that will be displayed on relevant third-party sites. We do this to meet our legitimate interests in showing you products which may be relevant to you;
Sending you relevant direct marketing messages and other communications via email or push notifications on mobile devices, including, with your consent, using your location data to notify you of tailored location-based offers. We will either send these messages on the basis that you have consented to receiving them or, where permitted by applicable law, to meet our legitimate interests in showing you which of our products and services are relevant to you; and
Analysing advertising effectiveness, which may involve analysing the advertising campaigns our users choose to interact with most often. This is to meet our legitimate interests in understanding which types of advertising campaigns are more or less effective than others.
Answer your questions and respond to your requests, for example in the context of user service. This is to meet our contractual commitments to you in the Terms of Use where these questions or requests are part of the redemption process or to comply with legal obligations (such as allowing you to exercise your rights as described herein), and in other cases to meet our legitimate interests in providing a good service to our users;
Send you reminders, technical notices, updates, security alerts, support and administrative messages, service bulletins, and requested information, including on behalf of any third party affiliates. This is to meet our legitimate interests in managing our relationship with you effectively;
Administer rewards, surveys, contests, or other promotional activities or events, in order to meet our contractual commitments to you set out in the terms and conditions of those promotional events;
Manage our everyday business needs, such as administration of the Website, forum management, fulfilment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Use or to comply with the law; and
Comply with our legal obligations, resolve disputes, and enforce our agreements. We do this where necessary to comply with legal obligations to which we are subject, or to meet our legitimate interests in enforcing our legal rights and resolving disputes and preventing fraud.
When and Why We Disclose Personal Data
You hereby explicitly, unambiguously, freely unconditionally and specifically provide informed consent to Fluttr to use and share your personal data as follows:
with your consent;
with Affiliates and other third-party entities, who will process your personal data only in accordance with our instructions and for the purposes set out in this Privacy Policy;
with unaffiliated third-party entities, so they can sell, deliver, and provide the products or services redeemed by you. We share personal data with unaffiliated third-party entities in order to meet our contractual obligations to you, and they are not permitted to use your personal data in any way other than for selling, delivering, and/or providing the products or services redeemed by you;
with third parties that provide tools and services to help us better understand your offer preferences. Those third parties may also use your personal data to match you with their existing user base;
as necessary to perform contractual obligations towards you to the extent you have redeemed a voucher, goods, or services offered or participated in an offer, rewards, contest or other activity or program sponsored or offered through us or through any third party entity;
to a subsequent owner, co-owner, or operator of one or more of the Websites or any portion or operation related to part of one or more of the Websites;
in connection with a corporate merger, consolidation, or restructuring, the sale of substantially all of our stock and/or assets, or other corporate change, including, without limitation, during the course of any due diligence process;
to comply with legal orders and government requests, or as needed to support auditing, compliance, and corporate governance functions, where this is necessary to comply with these legal obligations;
to combat fraud or criminal activity, and to protect our rights or those of our Affiliates, and users, or as part of legal proceedings affecting us and/or our Affiliates, as it is in our legitimate interests to prevent fraud and protect these rights; or
in response to a subpoena, or similar legal process, including to law enforcement agencies, regulators, and courts, to the extent this is necessary to comply with such legal obligations.
We encourage our unaffiliated third-party merchants and entities to adopt and post privacy policies. However, while we share personal data with third party entities only for the above-mentioned purposes, their subsequent processing and use of personal data obtained through us is governed by their own privacy policies and practices and is not under our control.
Where possible, we contractually restrict how our third-party affiliates use your personal data and aim to ensure they do not use it for any purposes which are incompatible with those set out in this privacy policy.
By registering as a User/Influencer on the Fluttr Website, you explicitly, unambiguously, freely ,unconditionally and specifically provide informed consent to the collection, processing, and storage of your personal data in accordance with the applicable protection laws. Fluttr will use this data for account management, communication, analytics, and legal compliance. Your personal data may be shared with trusted third parties for service provision. You have the right to access, correct, and delete your data. You can withdraw your consent by contacting Fluttr's Data Grievance officer at fluttr.club@aer.media, but note that this may impact your Website access.
Furthermore, You acknowledge and agree that you hereby grant Fluttr access to communicate any number of Offers and/or otherwise in an effort to demonstrate the features, content, and/or services rendered by Fluttr via message, WhatsApp and similar applications.
You acknowledge and agree that despite Fluttr's best efforts to safeguard your personal data, no data transmission over the internet can be guaranteed as completely secure. Therefore, Fluttr disclaims any warranty or guarantee regarding the security of your data against unauthorized access, loss, or disclosure.
Types of Information
Personal Information is defined as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person.
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, physical temporary and personal address, telephone number, date of birth, age, gender, 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), physical information. Fluttr limits the collection of Personal Information to that which is necessary for its intended purpose.
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 websites you visited, your Internet Service Provider (ISP), operating system and your Internet Protocol (IP) address. Fluttr may gather any non-personal information regarding how many people visit this Website, the pages they visit, their IP address, and the type of browser they used while visiting the Website (hereinafter referred to as “Non-Personal Information”). Fluttr may also collect Non-Personal Information that you voluntarily provide, such as information included in response to a questionnaire or a survey conducted by Fluttr.
Personal Information, SPDI, Non-Personal Information and any third-party information hereinafter shall be referred to as “Information”.
Collection of Information
Fluttr may collect information from you when you (i) register on the Website; (ii) update or change personal details in your account; (iii) use the Website for any of the services being offered thereon; (iv) fill out the questionnaire called ‘Period Test’ on the Website; (v) participate in campaigns conducted by Fluttr on the Website (if any); and (v) download or update software (as maybe required).
You hereby acknowledge and agree that all Information (including any and all Sensitive Personal Data) is provided by you to Fluttr voluntarily, freely, expressly, specifically, unambiguously and unconditionally.
Fluttr may use cookies to monitor the Website usage including, without limitation, to provide useful features to simplify your experience when you return to the Website, like remembering your login id, Personal Information and third-party information and to deliver relevant content based on your preferences, usage patterns and location.
Fluttr may also collect Non-Personal Information based on your browsing activity and in relation to your use or access to the Website 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.
Information collected by Fluttr 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.
You may use the Website without providing Fluttr any Personal Information about yourself. However, you may not be able to access certain services of the Websites in case you choose to do so.
Personal Data We Collect
You hereby consent to Fluttr collecting the following personal data when you interact with the Website:
Authentication and identification information (e.g. your name, email address, and password). This information is necessary to set up and log you into your account.
Basic personal details (e.g. your name, date of birth, and nationality);
Contact details (e.g. your postal address, telephone number, and email address). We may need some of this information to deliver products to you, such as your postal address to deliver physical products and your email address to send you vouchers, and won’t be able to carry out these services if you don’t provide it;
With your consent, information about your contacts with Fluttr (e.g. call recordings, instant messages on our Website, and user generated content).
Some information we collect is necessary for us to provide our services or meet our legal obligations. We will make this clear when we collect that information from you.
We will also automatically collect personal data when you interact with the Website through your computer, mobile device, or other device. This personal data includes the following:
Analytics data (e.g. information about app downloads, app and web page histories), which may include data collected from cookies and other types of device identifiers;
Profile inputs (e.g. page and deal views on the Website, click information and information about the website you clicked to our Website from). This may include data about your location. With respect to geolocation information collected from your mobile device, we will only collect this where you have provided consent; and
Device details (e.g. MAC address, IP address, Bluetooth data and advertising identifiers).
We also receive personal data and other online and offline information from third parties with whom we conduct business, such as merchants, co-marketers, distributors, resellers, and other companies or organizations with whom we enter into agreements to support our business and operations, including advertising partners and third party data providers that provide us with supplemental or additional information about our users (collectively “Business Partners”).
The personal data we receive from Business Partners includes basic personal details, contact details, device details, profile inputs, as well as:
1. Demographic information, (e.g. details about age brackets and educational background);
2. Location data (e.g. information about postal address); and
3. Purchase information from third party sites (e.g. information about purchases on other sites).
We will only receive data from our Business Partners where they are legally permitted to share such data, and we will only process that data for the purposes described below. We use the data provided to better understand your preferences, offers that are relevant to you, and how our merchants are performing. By combining the data we collect directly from you with that received from third parties, we are able to provide you with a better, and more personalised, experience.
We will collect the personal data described above at various stages in your relationship with us when you:
Register, subscribe, authorise the transfer of, or create an account with us.
Open or respond to emails or messages from us;
Provide information to enrol or participate in programs provided on behalf of, or together with Business Partners, with your consent or as necessary to provide services you have requested;
Visit any page online that displays our ads or content;
Redeem products or services on or through the Website from Business Partners;
Connect, log-in, or link to the Website using social networking tools; and
We also create profiles about you based on the personal data you provide to us or that is collected about you, as described above and including personal data that we receive from Business Partners. We do this to market offers we think would be of interested. The contents of that profile include:
Account details. For example, we create a permanent URL to your account page which may include your name. We also generate codes to log your redemption histories and activity;
Marketing segment information. For example, if you redeem products or services related to wellness and beauty, we may infer that you are interested in these types of offers;
Audience information. We create audiences based on parameters such as gender, age, and location and if your personal data matches those audiences, you’ll be assigned to it. This is to help you receive relevant offers; and
Activity information. Based on your interactions with communications, we’ll generate personal data about how many communications you like to receive, so that we don’t send you more than are useful to you.
Use of Information
Fluttr may use the Information you provide to fulfil your requests for the products and services offered on the Website, to respond to your inquiries about our offerings, and to offer you other products or services that Fluttr believes may be of interest to you.
Fluttr uses the Information about others to enable it to procure information about them. From time to time, Fluttr may also use this Information to offer its products, programs, or services to them.
Fluttr may use the Information to monitor your use of the services and may review and analyse the Information provided by you to provide you with customized service.
Fluttr may use your Non-Personal 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, Fluttr has the right to use your Information for the purpose of conducting promotional/marketing related activities on the Website, including but not limited to, using your Personal Information for making posters/banners to promote the services of Fluttr.
Information Sharing
Fluttr maintains your Information in electronic form on its devices and on the equipment of Fluttr’s employees. The Information is made accessible to employees, agents or partners and third-parties only on a need-to-know basis.
In the event that Fluttr is required to disclose your Personal Information to any other Data Fiduciary (as defined under Section 2 (i) of the Digital Personal Data Protection Act, 2023) or use your Personal Information to make a decision that affects you to provide services that you have requested, Fluttr shall ensure that the Personal Information provided by you is complete and accurate. Notwithstanding the foregoing, you hereby undertake to indemnify and hold Fluttr harmless from any and all claims, demands, liabilities, losses, damages, costs, and expenses, including legal fees and expenses, arising out of or in connection with the disclosure of your Personal Information to any other Data Fiduciary, as defined under Section 2 (i) of the Digital Personal Data Protection Act, 2023, or the utilization of your Personal Information to make decisions that have an impact on you for the purpose of providing services you have specifically requested. This indemnification encompasses any breach of your duty to ensure the completeness and accuracy of the Personal Information you furnish to Fluttr in such instances.
Fluttr does not rent, sell, or share Information with other people or with other non-affiliated entities, except with your consent, to provide services you have requested for or under the following circumstances:
Fluttr may engage third party vendors and/or contractors to perform certain support services, who may have limited access to Information.
In order to process your transactions, Fluttr may direct you to a payment gateway service provider of its own choice, which may have access to the Personal Information provided by you while making such payment.
Fluttr 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.
Third Party Service Providers
Fluttr may engage third party vendors and/or contractors to perform certain support services for Fluttr, including, without limitation, fulfilment of your orders, software maintenance services, advertising and marketing services, web hosting services and such other related services which are required by Fluttr 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 Fluttr and they are not authorized by Fluttr to otherwise use or disclose Information, except to the extent required by law. Fluttr does not make any representations concerning the privacy practices or policies or terms of use of such websites, 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 websites. The inclusion or exclusion does not imply any endorsement by Fluttr of the website, the website's provider, or the information on such website.
Data Processing by Third-Party WhatsApp Integrator
Data Processing Purpose: You acknowledge and agree that the third-party service provider responsible for WhatsApp integration may read, analyse, and process relevant information exchanged through the integration. This processing is for the purposes of driving engagement for the influencers and providing opportunities for endorsement campaigns.
Data Security: Fluttr has taken reasonable measures to ensure the security of the data processed by the third-party service provider. However, Fluttr does not guarantee the security of third-party systems or the transmission of data over the internet.
Third-Party Privacy Policies: You understand that the data processing activities by the third-party service provider are subject to their own privacy policies and terms of use. Fluttr recommends reviewing these policies to understand how your data is handled.
Consent: By using the Website and engaging with the WhatsApp integration, you explicitly consent to the data processing activities described in this section.
Specific Indemnification: You agree to indemnify and hold Fluttr, its affiliates, officers, directors, and employees harmless from any claims, losses, liabilities, damages, expenses, or demands, including reasonable attorneys' fees, arising out of or related to your use of the Services, violation of these Terms, or violation of any rights of another party.
Disclosure to Acquirers
Fluttr may disclose and/or transfer Information to an 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 Fluttr.
Control Over Your Personal Information
You have the right to withdraw your consent at any point, provided such withdrawal of the consent is intimated to Fluttr in writing through an email to the Consent Manager at saish.patil@aermedia requesting the same. You have the right to correction, completion, updating and erasure of your Personal Information for the processing of which you had previously given consent. If you at any time wish to rectify or erase your Personal Information, you may write to Fluttr.
Once you withdraw your consent to share the Personal Information collected by Fluttr, Fluttr shall have the option not to fulfil the purposes for which the said Personal Information was sought and Fluttr may restrict you from using the services on the Website and/or the Website itself.
If you wish to delete your account, and thereby discontinue using the services provided by Fluttr on the Website, you may do so at any time, in accordance with the provisions contained in the Terms of Use provided at [to be inserted].
You have the right to nominate any other individual, who shall, in the event of your death or incapacity, exercise the rights bestowed on you.
You shall have the right to obtain from Fluttr, (in accordance with Section 11 of the Digital Personal Data Protection Act 2023) to whom you have previously given consent for the processing of your Personal Information, upon making a request the following information:
A summary of the personal data that is being processed by Fluttr and the processing activities that Fluttr is undertaking with respect to that personal data.
The identities of all other data fiduciaries and data processors with whom Fluttr has shared your personal data, along with a description of the personal data that has been shared.
Any other information related to your personal data and its processing.
Rectification/Correction of Personal Information
You shall have the right to review your Personal Information and/or SPDI (as the case may be) submitted by you on the Website and to modify or delete any Personal Information and/or SPDI (as the case may be), provided by you directly on the Website. You hereby understand that any such modification or deletion may affect your ability to use the Website. Further, it may affect Fluttr’s ability to provide its services to you.
Fluttr reserves the right to verify and authenticate your identity and your account Information and/or payment Information in order to ensure accurate delivery of services. Access to or correction, updating or deletion of your Personal Information and/or SPDI (as the case may be) may be denied or limited by us if it would violate another person’s rights and/or is not otherwise permitted by applicable law.
If you need to update or correct your Personal Information that Fluttr may have collected to offer you personalized services and offers, you may send updates and corrections to Fluttr by contacting the Consent Manager at saish.patil@aermedia appointed pursuant to Section 6(7) of the Digital Personal Data Protection Act, 2023, citing the reason for such rectification of Personal Information. Fluttr will take all reasonable efforts to incorporate the changes within a reasonable period of time.
Your Duties
Pursuant to Section 15 of the Digital Personal Data Protection Act, you shall perform the following duties, namely:
comply with the provisions of all applicable laws for the time being in force while exercising rights under the provisions of the Digital Personal Data Act 2023 and all applicable laws;
ensure not to impersonate another person while providing your personal data to Fluttr for the specified purpose;
ensure not to suppress any material information while providing your personal data for any document, unique identifier, proof of identity or proof of address issued by the State or any of its instrumentalities;
ensure not to register or raise any false or frivolous grievances or complaints with Fluttr or the Data Protection Board of India; and
furnish only such information as is verifiably authentic, while exercising your the right to correction or erasure under the provisions of the Digital Personal Data Protection Act, 2023 or the rules made thereunder.
Term of Storage of Personal Information
Fluttr shall store your Personal Information at least for a period of 1 (one) years for the use of the services or Website or for such period as may be required by law. These periods vary depending on the nature of the information, your voluntary and unambiguous consent to use your Personal Information and your interactions with Fluttr.
Fluttr shall, unless retention is necessary for compliance with any law, erase Personal withdrawing his/her consent or as soon as it is reasonable to assume that the specified purpose is no longer being served, whichever is earlier.
You agree that you will not submit any false information or any illegal or damaging content to the Website. Fluttr reserves the right to terminate access to or the ability to interact with the Website in response to any concerns Fluttr may have about false, illegal, or damaging content, or for any other reason, in its sole discretion.
Cookies
To enhance your experience with the Website, many of the web pages use ‘cookies’ and pixel tags and clear gifts on certain pages of the Website. Cookies are text files Fluttr places in your computer's browser to store your preferences. Cookies, by themselves, do not tell Fluttr your e-mail address or other personally identifiable information unless you choose to provide this information to Fluttr by, for example, registering on the Website. They are designed to hold a marginal amount of data specific to a particular user and website and can be accessed either by the web server or the user device. However, once you choose to furnish the Website with personally identifiable information, this information may be linked to the data stored in the cookie. Fluttr uses cookies to understand site usage and to improve the content and offerings on the Website. For example, Fluttr may use cookies to personalize your experience on the Website (e.g., to recognize you by name when you return to the Website), save your password in password-protected areas, and enable you to use shopping carts on the Website. Fluttr may also use cookies to offer you products, programs, or services. Cookies may be placed on the Website by third-parties as well, the use of which Fluttr does not control.
Session cookies are automatically deleted from your hard drive once a session ends, and most cookies are session cookies. In your browser permits, you may decline the cookies, however, if you decline the cookies, you may be unable to use certain features on the Website and you may be required to re-enter your password frequently. You may opt to leave the cookie turned on.
Protection of Information
Fluttr has taken adequate measures to protect the security of Information and to ensure that your choices for its intended use are honoured. Fluttr takes robust precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
Fluttr considers the confidentiality and security of your information to be of utmost importance. It therefore uses industry standards, and physical, technical and administrative security measures to keep Information confidential and secure and Fluttr will not share your Information with third parties, except as otherwise provided in this Policy. Please be advised that, however, while Fluttr strives to protect Information and privacy, Fluttr cannot guarantee or warranty its absolute security when Information is transmitted over the internet into the Website. Fluttr will annually evaluate this necessity considering your privacy and our relation while keeping the applicable legislation in mind. Non-Personal Information will be retained indefinitely.
Access to your online account on the Website is via. your email/username which is password protected and this helps to secure your account information. You are solely responsible for maintaining the security and confidentiality of your account, including passwords and the login credentials. To ensure safety of your Personal Information, you are advised against sharing your username and password with anyone. If you suspect any unauthorized use of your account, you must immediately notify Fluttr by sending an email to saish.patil@aermedia. You shall be liable to indemnify Fluttr for any loss suffered by Fluttr due to such unauthorized use of your account.
For any loss or theft of Information, due to unauthorized access to your device through which you use the Website or other reasons solely attributable to you, Fluttr shall not be held liable or responsible under any circumstance whatsoever. Further, Fluttr shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond Fluttr’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, poor quality of Internet service or telephone service of the user, etc.
In the event of any personal data breach, (as defined under Section 2 (u) of the Digital Personal Data Protection Act, 2023) Fluttr shall give you and the Data Protection Board of India as established by the Central Government under Section 18 of the Digital Personal Data Protection Act, 2023 intimation of such breach. You agree to indemnify Fluttr and hold it harmless from any liabilities, claims, losses, damages, expenses, or costs arising out of or related to any personal data breach (as defined under Section 2(u) of the Digital Personal Data Protection Act, 2023).
Minor
Fluttr 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. Fluttr does not intentionally or knowingly collect Personal Information through the Website from anyone under that age. Fluttr encourages parents and guardians to be involved in the online activities of minor to ensure that no Personal Information is collected from a minor without their prior consent. If you are using the Website on behalf of someone else, including but not limited to, on behalf of your minor child/children/employer, 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 Fluttr’s use of such person’s Personal Information as described in this Policy.
Indemnity
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Fluttr and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Website; (ii) your User Submissions; (iii) your interaction with any Website user; (iv) The creation, uploading, sharing, or promotion of products or services, including any claims of intellectual property infringement, defamation, or violation of rights; or (v) Any breach of this Privacy Policy, including failure to deliver services as agreed upon, cancellation of bookings without notice or valid reason, or any violation of applicable laws or regulations. This indemnification obligation shall survive the termination or suspension of the influencer's account and the use of the Website. (vi) any and all claims in relation to any and all products/services that are promoted (by you or another User) on the Website.
Limitation of Liability
Fluttr is not responsible for any breach of security or for any actions or inactions of any third parties that receive your Personal Information.
Fluttr shall and will not be liable for (i) a loss including, but not limited to, loss of use, loss of goodwill, loss of data, if such loss is caused as by tort (including negligence), breach of contract or otherwise, if reasonably foreseeable, or (ii) damage caused by viruses or other technologically harmful material that may infect either Fluttr’s or your computer equipment, computer programs, data or other proprietary material loss of business or anticipated savings, due to the Services provided by Fluttr.
To the fullest extent permissible by law, Fluttr shall not be liable for any direct, indirect, exemplary, special, consequential, or incidental damages of any kind, or for any loss of data, revenue, profits or reputation, arising under this Privacy Policy or out of your use of, or inability to use, the Website, even if Fluttr has been advised of the possibility of such damages or losses.
In no event shall the aggregate liability of Fluttr for any damages arising under these terms or out of your use of, or inability to use, the Website exceed the total amount of fees, if any, paid by you to Fluttr for using the Website during the three (3) months prior to such claim being raised.
Notwithstanding anything contained in this Policy or elsewhere, Fluttr shall not be held responsible for any loss, damage or misuse of your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event.
As stated hereinabove, the term “Force Majeure Event” shall mean any event that is beyond the reasonable control of Fluttr 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 due to any reason and any other similar events not within the control of Fluttr and which Fluttr is not able to overcome.
Opt-Out
You have the option to 'opt-out' of all Fluttr’s newsletters and other general email marketing communications by way of links provided at the bottom of each mailer. Fluttr respects your privacy and in the event that you choose to not receive such mailers, it shall take all adequate steps to remove you from such lists. However, you will not be able to opt-out of receiving administrative messages, customer service responses or other transactional communications.
Links to Third Party Websites
The Website may contain links and interactive functionality interacting with the websites of third parties. Fluttr is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, Fluttr strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.
Changes to this Policy
Fluttr reserves the right to update, change or modify this Policy at any time. The Policy shall come to effect from the date of such update, change or modification.
Applicability of the Terms of Use
This Policy shall be supplementary to the Terms of Use. Words and expressions used in this Policy but not defined herein shall have the meanings ascribed to them in the Terms of Use. To the extent any provision of this Policy does not conflict with the Terms of Use, the Terms of Use shall apply to this Policy. In the event of any conflict between this Policy and the Terms of Use, the interpretation placed by Fluttr shall be final and binding on you.
Grievance Redressal Mechanism
In accordance with the Digital Personal Data Protection Act, 2023, Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Consent Manager are provided below:
Name: Mr. Saish Patil
Ph. No.: +91 - 9029323627
E-mail: saish.patil@aermedia
If you wish to make a complaint regarding any violation of the provisions of this Policy, you may send a written complaint to the Consent Manager, who shall redress the complaint in accordance with the provisions of the Digital Personal Data Protection Act, 2023 read along with the Information Technology Act, 2000 and Rules made thereunder.
How to Contact Us
If you have questions or concerns about this Policy, please contact Fluttr at saish.patil@aermedia