PRIVACY POLICY

MOJGENIE (“MOJGENIE”/“we”/”our”/”us”) is a company having its registered office at Calicut

We understand that when you (“you”/“your”) use the Platform, you instill certain trust in us. We aspire to keep the trust intact. Our Privacy Policy (“Policy”) is designed to help you understand what Data we collect, why we collect such Data, how we store and use the Data and what rights you have with respect to the Data collected. 

• DEFINITIONS 

Any and all terms not defined under this Policy shall have the same meaning as provided under the Terms of the Platform.

• “Consent” shall mean your acceptance is free from any undue influence or ambiguity with regard to the terms of this Policy and Terms of the Platform and you consent to the collection, storage, use and disclosure of the Data as described in the terms of this Policy.

• “Data” shall mean the information collected by us, whether or not by automated means, through the Platform which directly or indirectly relates to you may be subjected to Processing in accordance with this Policy. 

• “Process/Processing” shall mean operation or set of operations which is performed on the Data or on sets of Data, such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, use, alignment or combination, indexing, disclosure by transmission, dissemination or otherwise making available, restriction, erasure or destruction of the Data.

• DATA COLLECTED

We collect the following Data to enable us to provide the Services effectively: 

• INFORMATION PROVIDED TO US 

• Registration Information

We collect and process the following information or personal data about you: 

1. When you simply view or browse our Platform, you are not required to provide any Data unless and until you choose to register and create an account to avail our Services (hereinafter referred to as the “Account”). 
2. Even if you have not created an Account, we collect information that you choose to provide us, like an email address to receive an update of the Services we render.
3. When you create or update your Account, we collect all the information that you provide us for the creation/updating of the Account, including but not limited to Data such as names, address, email address, telephone number.

• Payment Information

In order to avail the benefits of our Services, we collect payment information. However, please note that we do not process or store your credit card or any payment instrument information, but our third-party payment processor does. 

• INFORMATION COLLECTED BY US

• We collect and store all information and content that you create, and Content or document you upload on the Platform, during your usage of the Platform or Services availed on the Platform.

• When you use the Platform we may automatically collect information such as a record of the details of usage, any comments, opinions and/or feedback you provide to us regarding the Platform, technical information about your device for system administration and analysis, including your IP address, unique device identifiers, operating system, and network and browser type, location and such other information that shall be automatically collected as part of log files or other metadata. 

• CONSENT

• By using our Services, you hereby expressly consent to the collection, Processing, storing, disclosing and handling of the Data enumerated under clause 2 in accordance with the terms of this Policy. 

• You always have the option to not provide any information by choosing not to use a particular service or feature. For withdrawing your consent, please write to us at info@mojgenie.com. If you decline to provide certain information, you may not be permitted to continue using the Platform, at our sole discretion. 

• USE AND PURPOSE OF THE DATA COLLECTED 

• We use the Data we collect to manage and to provide the core functionality of the Services through the Platform. The Data we acquire from and/or about you shall be treated as confidential and shall be used only for the purpose of enabling us to provide the Services effectively.

• We may use the Data collected for the following purposes:

• We use your registration information that we collect to create your account on our Platform, to send out alerts, notifications and nudges and to provide you with our Service. 

• We use your Data and details to create billing invoices and other information that may enhance your experience with our Services.

• We use the Data collected for marketing purposes including but not limited to the purpose of contacting you to further discuss your interest in the Services and to send you information regarding MOJGENIE, its affiliates, and its partners, such as information about promotions or events.

• We use the other information that we collect such as your device Data and usage Data to better understand how you use our Platform and to improve our Platform and Services.  

• We may use the Data that you provide vide emails or any communication made to us to provide customer support and/ or to respond to your queries and send emails about the maintenance of the Platform and/or Platform or any updates.

• We may use your personally identifiable Data, if necessary, for security purposes or to comply with our legal obligations. 

• We limit our use of your Data to the purposes listed under this Policy. In the event, we need to use your Data for any other purposes, your consent shall be taken first.  

• DISCLOSURE OF DATA 

Except as provided herein in this Policy, no personally identifiable Data will be disclosed or shared with any third- parties other than those explicitly provided, without your express Consent. 

• AUTHORIZED REPRESENTATIVES  

• We may disclose the Data collected to any of our authorized agents, employees, officers, representatives or consultants, strictly on confidential terms, as reasonably necessary, for the purposes set out in this Policy. 

• We may disclose the Data to such parties in order to provide you with customer support facilities, for the purpose of operating and maintaining the Platform, to comply with our legal obligations and/or to enforce our Terms of Service.  

• The Data collected may also be disclosed or otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, as well as in the event of insolvency, bankruptcy, or receivership under which information is transferred to one or more third parties as one of our business assets.

• COMPELLED DISCLOSURE 

• We may disclose the Data as may be legally required in the event of any requirement by court order, government or to any extent required by law or legal proceedings to the appropriate authority in order to comply with the rules and regulations.

• We shall neither assume any liability nor indemnify you for any loss, damages or expenses incurred by you due to the compulsory disclosure of the Data by us. 

• DATA SECURITY

• The Data collected is stored via cloud services with whom we have contracted with, to support our business operations. Please note that these third parties have privacy policies of their own and you are advised to read and understand the same. 

• The Data collected is stored with necessary physical, electronic and procedural security measures in accordance with the standards prescribed under the Indian law that are reasonably designed to help protect the integrity and the security of the Data. 

• You understand that no security system can prevent all potential security breaches and therefore, we cannot guarantee the security of your Data and you acknowledge that any transmission of Data is at your own risk. Strict procedures and security features that are appropriate for the type of Data you have provided are implemented to try to prevent unauthorized Processing such as unauthorized access, disclosure, alteration or removal of Data.

• Please be aware that the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your Data transmitted through the Platform. Once we have received your Data, we will use strict physical, electronic, and procedural safeguards to try to prevent unauthorized access. While we are committed to preventing others from unauthorized access to the Data by implementing appropriate security measures, we shall not be held responsible for any unauthorized access by third parties.

• In the event we become aware of any security breach that affects any personal data held or stored by us in connection with the Services, we shall adopt adequate efforts to communicate the details of the same to you, as soon as practicable. 

• DATA RETENTION

• We shall retain the Data for such period necessary to fulfill the purposes we collected the Data for unless instructed otherwise by you, in writing, subsequent to which the same shall be deleted from our internal records, systems and databases in accordance with this Policy.

• We may retain your Data until the first to occur of the following:

• Six (6) months following the date on we become aware that you are no longer an active user of the Service or the Platform

• Until your engagement with us terminates. 

• Any encrypted, anonymized and/ or aggregated Data may be retained by us for the purposes of backup, archiving, prevention of fraud and abuse, analytics, to improve our Services, Platform or for such other reasons that we deem necessary to retain the same.

• Notwithstanding anything contained under this clause, we shall retain and use the Data collected as necessary to resolve disputes, enforce our agreements and comply with legal obligations for such a period thereafter as required under any law for the time being in force.

• DATA TRANSFER AND REGULATION

• Our Service is made available to you worldwide. If you choose to access or use the Platform outside India, please be aware that Data we collect shall be subject to the Indian laws governing data protection. 

• The Data we may collect shall be transferred to, processed, stored and used in India. Our collection, storage and use of your Data shall continue to be governed by this Policy. 

• The data protection laws in India may differ from those of the country in which you are located and your Data may be subject to orders from the government, courts or law enforcement in India according to the applicable laws.

• YOUR RIGHTS 

• Subject to the laws applicable, you shall have the rights as stipulated hereunder:

• A right to confirm whether the Data is processed and a right to access in one place the identities of the parties with whom the Data has been shared. 

• A right to correction and erasure of the Data collected by us which is no longer necessary for the purpose for which it was Processed. 

• A right to data portability in the event of processing through automated means.

• A right to restrict or prevent the continuing disclosure of the Data where such disclosure has served the purpose for which it was collected and is no longer necessary for the purpose or if such disclosure was made contrary to any applicable law for the time being in force.  

• If you no longer wish to receive any commercial communication from us, you may opt-out of receiving them by following the instructions provided in such communications or by sending your request to us by email provided under the contact details of this Policy and we shall take the appropriate action within thirty (30) business days from the date of raising such request. Please note, however, that you may continue to receive service related communications even after you opt-out of receiving commercial messages. 

• LIMITATION OF LIABILITY

• We shall not be responsible for any breach of security or confidentiality in relation to the Data. 

• Notwithstanding anything contained in this Policy or elsewhere, we shall not be held responsible for any loss, damage or misuse of the Data collected, if such loss, damage or misuse is attributable to a ‘Force Majeure Event’. A Force Majeure Event shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, pandemic, epidemic, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, and any other similar events not within our control and which we are not able to overcome.

• You acknowledge that the internet is inherently insecure, and MOJGENIE cannot prevent and is not responsible for any interception or ‘hacking’ of the Data collected by unauthorized third parties.

• ALERTS AND UPDATES

• We reserve the right to contact you for the purpose of verification of the Data provided by you via the Platform.

• We may also alert you by notification via the Platform about any new feature or any other such information which we perceive might be useful for you.

• THIRD PARTY LINKS

• Our Platform, from time to time, may contain some links to and from the websites of our partner networks and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

• AMENDMENTS 

• We may amend and update this Policy from time to time. The Data that we collect shall be subject to the terms of the Policy in effect at the time such information is used. If this Policy is updated, the same will be posted on this page so that you are aware of the information collected, used and disclosed by us. If we make any significant changes to this Policy, we shall provide you with notice of such changes, through a notification on the Platform or to your email address on record and where required by applicable law, we will obtain your consent. To the extent permitted under the Indian law, your continued use of our services after we publish or send a notice about our changes to this Policy shall constitute your consent to the updated Policy.

• APPLICABLE LAWS

• In the event any conflict arises between the terms of this Policy and provisions of any applicable laws, then such provisions of applicable laws shall prevail over the terms of this Policy.

• For any queries with respect to the same, you can contact us via the contact details provided herein under this Policy.

• ARBITRATION, GOVERNING LAW AND JURISDICTION 

• In the event of any disputes or claim arising with respect to this Policy, the parties shall first attempt to resolve the same amicably through discussions. 

• In the event that the parties are unable to solve the disputes or claims in an amicable manner, the parties shall attempt to resolve the same through arbitration in accordance with the laws of India as amended from time to time. The arbitrator shall be appointed by MOJGENIE and you hereby consent to the same. The seat for such arbitration shall be in Cochin and all arbitration proceedings shall be in English.

• This Policy shall be governed by and construed in accordance with all applicable laws of India and the courts at Cochin, Kerala shall have exclusive jurisdiction over any matter arising out of these Terms.

• SEVERABILITY

• If at any time during the currency of this Policy, any provision, condition, term, stipulation, covenant or undertaking thereof is or becomes illegal, void, invalid, prohibited or unenforceable in any respect, the same shall be ineffective to the extent of such illegality or enforceability without invalidating in any manner whatsoever the remaining provisions hereof or thereof.

• GRIEVANCE OFFICER

• If you have any grievances or find any discrepancies, please contact us at: 

Name of grievance officer: 

Address: mojgenie, Cyber park

Contact Number: 8642900300

We shall make every effort to resolve your concerns expeditiously.