I. Background iMaker Technology Private Limited (the “Company”) adheres strictly to information technology and data protection laws, rules and regulations, including but not limited to, the Information Technology Act, 2000 and the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011. In order to ensure compliance with the same, the Company has implemented this privacy policy which may be amended as and when required by the Company at its own sole discretion (the “Privacy Policy”). The Company understands the importance of and prioritizes the protection of sensitive personal data or information. This Privacy Policy specifies the manner in which sensitive personal data or information is collected, received, stored, processed, disclosed, transferred, dealt with and handled by the Company in relation to your use of the website https://www.duellcall.com/ or the iMaker Technology Private Limited application for mobile devices (each referred to as the “Website”) and cloud telephony services offered by the Company (the “Services”).
II. Customer DataThis Privacy Policy governs the Company’s collection, receipt, storage, processing, disclosure, transfer, dealing with and handling of the Customer Data, which includes but is not limited to, information the Company:
(a) collects from you when you register on the Website for a trial or a full account for use of the Services, when you convert your trial account to a full account, or when configure your details within the Company’s systems, such as your name, electronic mail address, password, phone number, business name and other details of your business;
(b) collects from you related to the manner and mode of payment of fees for the use of the Website and Services, such as details of your bank account, credit card, debit card, net banking, etc.;
(c) stores regarding your calls and SMSs and content thereof, received or initiated using the Services, including but not limited to, details of the phone numbers that interact with your account, IVR content and call recordings; and
(d) automatically receives and records on its server logs from your internet browser, including but not limited to, your IP address, cookie information and details of the web pages you request. In order to register on the Website and use the Services, you are required to share the Customer Data for the effective performance of the Services.
III. Consent :
1. By visiting the Website and registering for and using the Services, you agree to be bound by and expressly consent to the terms and conditions of this Privacy Policy. In the event that you do not agree with and/or consent to the terms and conditions set out herein, please do not use or access the Website and Services. You hereby acknowledge and agree that by mere use of the Website and Services, you expressly consent to the Company’s collection, receipt, storage, processing, disclosure, transfer, dealing with and handling of the Customer Data in accordance with this Privacy Policy.
2. You understand that while your account is active to use the Website and Services, the Company, its subsidiaries, affiliates and third parties engaged by it, may retain your Customer Data and use it in any manner in order to comply with its contractual obligations and other obligations under applicable law.
3. In the event that you wish to withdraw your consent to the Company’s collection, receipt, storage, processing, disclosure, transfer, dealing with and handling of the Customer Data, you may contact the Company at [email protected], informing the Company of your withdrawal of consent to its use as aforesaid of your Customer Data. You hereby acknowledge and agree that in case you withdraw your consent to the Company’s use and disclosure of your Customer Data as provided for in this Privacy Policy, the Company hereby expressly reserves the right to discontinue provision of access to the Website and Services at its own sole discretion.
IV. Purpose of Collection and Use of Customer Data
1. You hereby acknowledge and agree that the Customer Data is collected by the Company for a lawful purpose and to facilitate your use of the Website and Services. You further acknowledge and agree that such collection of Customer Data is necessary for the same and that the Company does not retain any Customer Data for longer than is required for the purposes of your use of the Website and Services. The Company collects and uses the Customer Data for the following purposes:
2. The Company uses the Customer Data to provide you with access to its Website and Services and services from its subsidiaries, affiliates and third parties.
3. By using this website and on procuring quotations therein,you hereby authorize us to contact you via calls,mails and/or text messages on the contact details so provided,to furnish you with information with regards to the services and products of duellcall.this authorization shall be licit for the mentioned purposes irrespective of whether you are registered with the NDNC registry.
4. Allow you to access specific account information.
5. The Company uses the Customer Data to monitor your use of the Website and Services in order to provide other value added services, including but not limited to:
6. You hereby acknowledge and agree that the Customer Data, to the extent consisting of details related to the manner and mode of payment of fees for the use of the Website and Services (such as details of your bank account, credit card, debit card, net banking, etc.), submitted by you while making payment of fees: (a) goes through the safe and secure transaction process provided by the Company’s payment gateway partners; (b) goes through the Visa or Mastercard pages, as the case may be, based on your payment method(s) in order to prevent any misuse of your payment details; and (c) that such payment details are not shared with the Website, the Company, its subsidiaries, affiliates and third parties or any other users of the Website and Services.
7. The Company uses the Customer Data to resolve complaints raised by you as per the Company’s policies including but not limited to support and maintenance policy and service level agreements, if any.
8. The Company may use the Customer Data to provide you with new products, services and support and maintenance services. In addition, you hereby acknowledge and agree that the Company may use the Customer Data:
9. You hereby acknowledge that the Company uses cookies while providing access to the Website and Services and consent to its continued use of the same. For the purpose of clarity, ‘cookies’ are small files that a website or service provider transfers to your computer and/or hard drive through your web browser, provided you consent to the same, that enables the websites’ or service providers’ systems to recognize your web browser and capture and retain certain information. You hereby acknowledge and agree that cookies may be used for the Company’s implementation on your and/or others’ visits to the Website.
10. The Company works closely with its subsidiaries, affiliates and third parties engaged by it during the course of the provision of Services. You hereby acknowledge and agree that the Company may disclose the Customer Data to its subsidiaries, affiliates and authorized third parties engaged by it, which subsidiaries, affiliates and authorized third parties may or may not be located within India. However, in any such cases, the Company shall make reasonable commercial efforts to ensure that such subsidiaries, affiliates and authorized third parties keep such portions of the Customer Data that they may receive from the Company confidential as per industry standards.
11. The Company undertakes that it shall not cause the collection, receipt, storage, processing, disclosure, transfer, dealing with and handling of the Customer Data provided on the Website or pursuant to the past, current or future use of the Services by any of its subsidiaries, affiliates and other third parties, except as provided in this Privacy Policy, or in accordance with lawful instructions issued by you, or as required under applicable law.
V. Disclosure of Customer Data
The existing regulatory environment and applicable law may make it necessary for the Company to disclose the Customer Data in ways not explicitly highlighted in this Privacy Policy. Accordingly, you hereby acknowledge and agree that the Company may disclose the Customer Data in the circumstances set out below:
VI. Subsidiaries and Affiliates
The Company may share the Customer Data with its subsidiaries or any entity affiliated to it for the purposes consistent with this Privacy Policy, provided that the Company shall make reasonable commercial efforts to ensure that its subsidiaries and affiliates keep the Customer Data that they may receive from the Company confidential as per industry standards.
VII. Statutory or Legal Obligation
The Company may need to disclose the Customer Data if required to do so by law and if such action is necessary to: (a) comply with a legal obligation; (b) protect and defend the rights or property of the Company; and (c) protect the Company from incurring any legal liability itself. In addition, the Company may disclose the Customer Data to third parties without your consent such as its attorneys, law enforcement authorities, courts of competent jurisdiction, judicial or administrative agencies, or legislative bodies as and when such disclosure is deemed necessary to comply with any applicable law, regulation or official direction and to protect the Company’s rights.
VIII. Business Transfers
As the Company develops its business, the Company may sell or buy businesses and assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, you acknowledge and agree that Customer Data may form part of the transferred assets. You further acknowledge that the acquirer or successor of the Company may continue to use the Customer Data in the manner set forth herein, provided that the Company shall make reasonable commercial efforts to ensure that the acquirer or successor keeps the Customer Data that they may receive from the Company confidential as per industry standards.
IX. Third Parties
1. You hereby acknowledge and agree that in cases where you elect to use one or more third party applications that interoperate with the Services, those applications may, upon your election, be given access to your Customer Data. You further acknowledge and agree that in such cases, the Company shall not be responsible for the policies and practices of such third party application providers and shall not incur any liability arising out of or in connection with any action or inaction by any such third party application provider concerning the Customer Data.
2. You hereby acknowledge and agree that the Company may engage third parties (whether located within or outside India) to perform certain business related functions as part of the Services, including but not limited to, maintaining databases and servers, processing SMSs and calls, processing payments and storing the Customer Data, provided that the Company shall disclose only that portion of the Customer Data that is necessary for them to perform their specific function and further make reasonable commercial efforts to ensure that such third parties keep such portions of the Customer Data that they may receive from the Company confidential as per industry standards. Notwithstanding anything contained herein, you hereby acknowledge and agree that this Privacy Policy shall not apply to the use of the Customer Data by any third parties in violation of the terms and confidentiality obligations under which the same have been disclosed to them by the Company and that the Company shall not be liable or responsible for any consequences arising out of or in relation to the same.
X. Reasonable Security Practices and Procedures
1. The Company at all times strives to achieve the security and confidentiality of the Customer Data as per industry standards. The Company vide various internal audits and checks, makes best efforts to ensure that there is no unauthorized collection, receipt, storage, processing, disclosure, transfer, dealing with and handling of the Customer Data.
2. The Website and Services have strict security measures in place which help protect against loss, misuse, and unauthorized alteration of the Customer Data. In cases where you change or access the Customer Data, the Company adheres to strict security guidelines, protecting it against unauthorized access.
3. In addition, only authorized employees of the Company and its subsidiaries, affiliates and third parties engaged by it may be given access to the Customer Data where required for the performance of their obligations in connection with the Services.
XI. Suspension of Account, Removal and Modification of Customer Data
1. The Company shall suspend your account and your use of Services made by you via electronic mail. Such Customer Data will be deleted as soon as reasonably practicable in accordance with the Company’s policies and applicable law. However, the Company may retain your Customer Data, to the extent permitted by applicable law to be used in certain circumstances such as to resolve disputes, troubleshoot problems and enforce the Company’s applicable policies. Further, you hereby acknowledge and agree that such Customer Data may never be completely removed and/or deleted from the Company’s and/or third parties’ databases due to technical and legal constraints.
2. If at any time, you wish to review the Customer Data in order to ensure that the Customer Data is accurate, you may mail the Company at [email protected] and express your concerns regarding the accuracy of the Customer Data and the Company shall thereafter take steps to correct and/or amend the Customer Data to the extent feasible, to ensure its accuracy, provided that the Company, its subsidiaries, affiliates and third parties shall not be responsible for the accuracy and/or authenticity of the Customer Data supplied by you and the Company hereby disclaims any and all liability arising out of or in connection with the accuracy and/or authenticity of the Customer Data.
XII. External Links
You hereby acknowledge and agree that when you visit the Website and use the Services, there may be certain links which may direct you to other websites not maintained by the Company (the “Third Party Website”). The manner in which your Customer Data is collected, received, stored, processed, disclosed, transferred, dealt with and handled by such Third Party Websites is governed by the terms and conditions and privacy policy of the respective Third Party Website. You hereby further acknowledge and agree that the Company has no control over the Customer Data in such an event. The Company urges you to acquaint yourself with the terms and conditions and privacy policy of every such Third Party Website and in this regard, the Company hereby expressly disclaims all liabilities with respect to the manner in which the Third Party Website collects and/or uses the Customer Data.
XIII. Changes and Updates
1. This Privacy Policy is subject to change from time to time at the Company’s own sole discretion. You hereby acknowledge and agree that your continued use of the Website and Services constitutes your agreement to this Privacy Policy and any updates hereto. If at any time the Company wishes to alter this Privacy Policy, the changes made will be posted at this URL for you to be aware of the sensitive personal data or information that is collected, received, stored, processed, disclosed, transferred, dealt with and handled by it.
2. The Privacy Policy was last revised on 28/09/2020.
XIV. Redressal of Grievances
If at any time you have questions or concerns with respect to the Privacy Policy, please feel free to mail the Company at [email protected]. If at any time you have grievances or complaints with regard to the collection, receipt, storage, processing, disclosure, transfer, dealing with and handling of Customer Data in a time-bound manner or otherwise, you may contact the “Grievance Officer” of the Company at [email protected], who shall redress your grievance/complaint within one (1) month from the date of receipt of the grievance/complaint. While registering a grievance/complaint, you are kindly requested to quote your account details for the Company’s reference to enable it to effectively resolve your grievance/complaint.
XV. Governing Agreements and Law
Notwithstanding anything contained herein, this Privacy Policy is subject to any and all agreements that you execute with the Company and shall further be governed by and construed exclusively in accordance with the laws of India.
