PRIVACY POLICY

1. INTRODUCTION:

1. Welcome to www.bemasterly.com (“Website”) which is the owner and provider of www.bemasterly.com (Website and BeMasterly are hereinafter collectively referred to as “Platform”), a platform that aims at empowering educators by digitizing their day-to-day activities so that they can focus on their core activity of teaching. The Platform is owned and managed by Genext Students Private Limited (“Company”). Genext Students Private Limited is a whole owned subsidiary of Navneet Futuretech Limited.
2. The purpose of this Privacy Policy is to ensure that there is an intact charter to collect, use and protect any personal and/or sensitive data collected by us. This Policy defines our procedure for collection, usage, processing, disclosure and protection of any information obtained by us through the Platform. Capitalized terms that are not defined in this Privacy Policy shall have the same meaning as ascribed to them in our Terms of Service. Any reference made to Privacy policy in this document shall mean and refer to the latest version of the Privacy Policy.
3. Your visit and use of Platform for tutor and student engagement, content delivery, administration tools, digital learning solutions through video conferencing, collaboration, and related services, support, professional services offered on the Platform (“Services”) are subject to this privacy, security and cookies policy ("Privacy Policy") and other terms and conditions of the Platform. This Privacy Policy ensures our firm commitment to your privacy vis-à-vis the protection of your information.
4. In this Privacy Policy "we", "our" and "us" refers to the Company and "you", "your" and/or “Users” refers to the user of the Platform. The users of our platform can be tutors, owners/admins of coaching institutes, students and parents.
5. You must be 18 years of age or older to visit or use the Platform in any manner. If you are under the age of 18, you should review this Privacy Policy with your parent or legal guardian to make sure that you and your parent or legal guardian understands and agrees to it and further, if required, you shall perform or undertake such activities which will entitle you to enter into a legally binding agreement with the Company. By visiting this Website and/or Platform or accepting this Privacy Policy, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and/or Platform and agree to and abide by this Privacy Policy. You also represent and warrant to the Company that you will use this Privacy Policy in a manner consistent with any and all applicable laws and regulations.
6. This document is published and shall be construed in accordance with the provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules, 2011 (“Data Protection Rules”) under the Information Technology Act, 2000; that require publishing of the Privacy Policy for collection, use, storage and transfer of information. The information collected from you could be categorized as “Personal Information”, “Sensitive Personal Information” and “Associated Information”. Personal Information, Sensitive Personal Information and Associated Information (each as individually defined under the Data Protection Rules) shall collectively be referred to as “Information” or “Personal Information” or “Personal Data” in this Policy.
7. This Privacy Policy is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000, rules made thereunder, and any other applicable statutes, as amended from time to time. This Privacy Policy does not require any physical, electronic or digital signature.
8. Please read this Privacy Policy carefully. By using the Platform, you indicate, agree and acknowledge that you understand, agree and consent to this Privacy Policy and to the collection and use of information in accordance with this Privacy Policy.
9. Our Privacy Policy governs your use of the Services on the Platform, and explains how we collect, safeguard and disclose information that results from your use of the Service. We reserve the right to amend and supplement to complete this Privacy Policy at any time. Whenever there is a change to our Privacy Policy, we post updates on our Website and/or Platform. We encourage you to regularly review this Privacy Policy to get the latest updates to ensure you know and exercise the right to manage your Personal Information.
10. Our Terms and Conditions (“Terms”) govern all use of our Service and together with the Privacy Policy constitutes your agreement with us (“Agreement”).

2. CONSENT:

1. Please read this privacy policy carefully as it affects your rights and liabilities under law. By using this Platform and availing our services, you indicate that you understand, agree and consent to this privacy policy. If you do not agree with the terms of this privacy policy, please do not use this website or avail our services.
2. We shall not be liable for any loss or damage sustained by reason of any Disclosure (Inadvertent Or Otherwise) of any Data, if the Same is either (A) required for sharing your information for legitimate purposes; or (B) was caused through no fault, act, or omission of the Company.

3. DEFINITIONS:

Unless otherwise defined elsewhere in this Privacy Policy, the following terms shall have the meanings assigned to them as herein below for the purposes of this Privacy Policy:

"Personal Data" means and includes any Information that relates to a natural person through which an individual is identified, such as the name, contact details, email address, gender, age, organisation name, organisation email id, demographic information such as address and pin code, any photo identity or any other information relevant to product choice and preferences provided by a User, including but not limited to information gathered through availing Services.

“Sensitive Personal Data” means and includes information relating to; (i) government ID cards; (ii) financial information such as bank account or credit card or debit card or other payment instrument details; and (iii) any detail relating to the above-mentioned points as provided to us for using the Platform.

“Technical Information” means and includes any Information gathered through various technologies that may employ cookies, web beacons, or similar technologies to automatically record certain information from your device through which you use the Platform. This technical information may include your Internet Protocol (IP) address, device or browser type, Internet service provider (ISP), referring or exit pages, clickstream data, operating system, hardware model, operating system version, unique device identifiers, and mobile network. This data includes usage information and user statistics.

“Locational Information” shall mean and include the information obtained through GPS or other means, such as the geographical location of the User.

“Social Media Data” If you access the Platform through a third-party platform such as a social media service or connect Our Services to a third-party platform, the Information we collect may include your user name associated with that third-party platform, any information or content the third-party platform has the right to share with Us, such as your profile picture, email address or friends list, and any information you have made public in connection with the respective third-party platform. When you access the Platform through third-party platform, you are authorizing us to collect, store, and use and retain such information from the third-party platform in accordance with this Privacy Policy.

“Information collected through use of our Service” means and includes generic and non-identifying information which is shared with us to avail our Services.

"Non-Personal Information” means and includes any information that does not reveal your specific identity, such as, browser information, information collected through Cookies (as defined below), pixel tags and other technologies, demographic information, etc. As is true with most websites, our Company gathers some information automatically when you visit the Platform. When you use the Platform, we may collect certain information about your computer or mobile to facilitate, evaluate and verify your use of the Platform. For example, we may store environmental variables, such as browser type, operating system, speed of the central processing unit (CPU), referring or exit web pages, click patterns. This information is generally collected in aggregate form, without identifying any User individually.

“USAGE DATA” means information and data collected and captured as a result of the use of Service.

“COOKIES” mean small data files stored on your device (computer or mobile device).

“DATA CONTROLLER” means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any Personal Data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.

“DATA PROCESSORS” OR “SERVICE PROVIDERS” means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

4. COLLECTION OF DATA:

In order to avail the Services under the Platform, registration by the User is mandatory. A valid mobile number would be required to register on the Platform, to complete the registration process, a one-time password (OTP) would be sent to you on the mobile number provided by you at the time of registration for the purpose of user validation. You may also be required to generate OTP for downloading any content/material from the Platform, in all cases the OTP will be sent to the mobile number provided at the time of registration. You are fully responsible for all activities that occur under your account. You specifically agree that the Company shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received through the Platform. By registering, you consent to provide information including Personal Data

The Company respects the privacy of the Users of the Services and is committed to reasonably protecting it in all respects. The information about the user as collected by the Company are:

1. Information supplied by Users;
2. Information automatically tracked while navigation;
3. Inferred information through usage and log data; and
4. Information collected from any other sources (like third party providers or social media platforms).

In order to provide Services and to maintain and improve the Platform, we require certain information (including Personal Data) and may obtain your Personal Data when you register with us, when you express an interest in obtaining information about us or our products and Services, when you participate in activities on our Platform or otherwise contact us. Such Personal Data may be collected in various ways including during the course of your:

1. Registration as a User on the Platform;
2. Availing Services offered on the Platform. Instances of such Services include but are not limited to, communicating with the Company customer service by phone, email, WhatsApp or otherwise or posting user reviews in relation to Services/products available on the Platform; and
3. Granting permission to share credentials of your online accounts maintained with third parties. We may receive Personal information about you from such third parties, including commercially available sources and business partners. If you access the Platform through a connected service on the Platform, the information we collect may include your information available through such connected service.

5. TYPES OF DATA COLLECTED:

We collect different types of information, including Personal Data, for various purposes to provide and improve our Service for you.

A. PERSONAL DATA:

1. While using our Service, we may ask you to provide us with certain Personal Data i.e., personally identifiable information that can be used to contact or identify you. Personal Data may include, but is not limited to:
   • Email address
   • First name and last name
   • Phone number
   • Address, Country, State, Province, ZIP/Postal/Pin code, City
   • Other contact information
   • Gender and other demographics
   • Date of birth and age
   • Location Data
   • Cookies and Usage Data
2. We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.

B. USAGE DATA:

1. We may also collect information that your browser sends whenever you visit our Platform and/or use the Service or when you access the Platform by or through any device (“Usage Data”).
2. This Usage Data may include information such as server log, your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
3. When you access the Platform with a device, this Usage Data may include information such as the type of device you use, your device unique ID, the IP address of your device, your device operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data.

C. LOCATION DATA:

1. We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.

D. Tracking Cookies Data

1. We use cookies and similar tracking technologies to track the activity on our Platform and we hold certain information.
2. Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
3. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
4. Examples of Cookies we use:
   • Session Cookies: We use Session Cookies to operate our Service.
   • Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
   • Security Cookies: We use Security Cookies for security purposes.
   • Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.

E. Other Data

1. We may also collect the following information and data: place of birth, passport details, citizenship, registration at place of residence and actual address, telephone number (work, mobile), details of documents on education, qualification, professional training, employment agreements, non-disclosure agreements, information on bonuses and compensation, information on marital status, family members, social security (or other taxpayer identification) number, office location, photograph, information regarding your transactions on the Platform, (including purchase history), your financial information such as bank account information or credit card or debit card or other payment instrument details and other data.

6. PURPOSE FOR COLLECTION AND USE OF DATA:

1. All required information is Service dependent and the Company may use the above said user Information to, maintain, protect, and improve the Services (including advertising) and for developing new services. Any Personal Data provided by you will not be considered as sensitive if it is freely available and / or accessible in the public domain like any comments, messages, blogs, scribbles available on social platforms like Facebook, Twitter etc.
2. The Company uses the collected data for various purposes including as follows:
   • To create and maintain an online account with the Platform;
   • To maintain our Platform and enable you to avail the Services;
   • To notify you about changes to our Service;
   • To allow you to participate in interactive features of our Service when you choose to do so;
   • To provide customer support;
   • To analyse information so that we can improve our Platform and Services;
   • To notify the necessary information related to the Platform and Services and your online account on the Platform from time to time;
   • To monitor your usage of our Platform and Services;
   • To maintain records and provide you with an efficient, safe and customized experience while using the Platform;
   • To detect, prevent and address technical issues;
   • To furnish your information to Service Providers to the extent necessary for delivering the relevant Services;
   • Aggregated and individual, anonymized and non-anonymized data may periodically be transmitted to Service Providers to help us improve the Platform and our Services;
   • To fulfil any other purpose for which you provide it;
   • To verify your identity and prevent fraud or other unauthorized or illegal activity;
   • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
   • To provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
   • To dispatch transaction-related communications such as welcome letters, billing reminders, and purchase confirmations;
   • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
   • In any other way we may describe when you provide the information;
   • To provide aggregate statistics about Users, traffic patterns, and other related information to reputable third parties, however this information when disclosed will be in an aggregate form and does not contain any of personally identifiable information;
   • To comply with applicable laws, rules, and regulations; and
   • For any other purpose with your consent.
3. You agree that we may use Personal Information about you or share the same with third party service provider to improve our marketing and promotional efforts, to analyse site usage, improve the Platform's content and Service offerings, and customise the Platform's content, layout, and Services. These uses improve the Platform and better tailor it to meet your needs, so as to provide you with an efficient, safe and customized experience while using the Platform. It is clarified that the third-party service provider shall not have right with respect to Personal Information and shall use the Personal Information for the limited purpose for which it has been provided or retain the same for purposes of compliance of applicable law or in complete anonymize form for analytical purposes. Such third-party service provider may store the Personal Information in the servers located in India or outside India.
4. You authorize us to contact you via email or phone call or sms or Whatsapp and offer you our services, imparting product knowledge, offer promotional offers running on Application, for which reasons, Personal Information collected may be used. Further, irrespective of the fact that you may have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call for the above-mentioned purposes till 365 days of your registration with us.

7. RETENTION OF DATA:

1. We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
2. We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
3. We reserve the right to retain the aggregated and anonymized data derived from the Personal Data collected from the users of the Platform including your Personal Data, for any purposes (commercial and non-commercial) as the Company deem fit and proper.

8. WITHDRAWAL OF CONSENT:

1. You may withdraw your consent given for collecting any Information and Personal Data under this Privacy Policy and pursuant to use of the Services, at any time by sending an email to care@bemasterly.com. In such an event, the Company reserves the right to not allow you further usage of the Website and the Platform or provide/use any Services thereunder, without any obligations or liability, whatsoever, whether in contract, tort, law, or otherwise, in this regard.

9. DISCLOSURE OF DATA:

We may disclose Personal Data that we collect, or you provided on our Platform as follows:

a). Disclosure for Law Enforcement and other legal necessity:

1. We reserve the right to use or disclose your Personal Data in response to any statutory or legal requirements. We will use and disclose your Personal Data if we believe you will harm the property or our rights or right of the other Users of our Platform. Finally, we will use or disclose your Personal Data 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.
2. We reserve the right to use or disclose your Personal Data and other information if we believe that disclosure is necessary or appropriate to protect rights, property and safety of the Company, its users, customers, Service Providers, officers and shareholders. We may also in good faith share information with other organizations and entities for the purposes of fraud protection and credit risk reduction.

b) Business Transaction

1. If we or our subsidiaries are involved in a merger, acquisition or asset sale, and/or in the event the ownership or control of our Platform changes, we may transfer your information to the new owner.

c) Disclosure by the User

1. When you use certain features on the Platform like the discussion forums and you post or share your Personal Information as comments, messages, files, photos on such discussion forums on the Platform, which is freely accessible to group of other users and/or the public, the same will be available to all such users and/or public. All such sharing of information will be done at your own risk. Please keep in mind that if you disclose Personal Information in posting as comments, messages, files, photos on the discussion forums on the Platform, such information may become publicly available.

d) Other Disclosures

1. We may also disclose your Personal Data as follows:
   • to our subsidiaries and affiliates;
   • to contractors, Service Providers, and other third parties we use to support our business in compliance with the provisions of this Privacy Policy;
   • to fulfill the purpose for which you provide it;
   • for the purpose of including your institution / company's logo on our website;
   • for any other purpose disclosed by us when you provide the information; and
   • with your consent in any other cases.

e) Data Processing by the Service Providers

1. We may engage and employ third party companies and individuals to perform certain processing activities and to perform Service (“Service Providers”), to provide Service on our behalf, perform Service-related activities or assist us in analysing how our Service is used. Towards that objective, we may share your Personal Information with such Service Providers.
2. The Service Providers may be engaged and employed for various purposes including following:
   • Analytics:
     We may use Service Providers to monitor and analyze the use of our Service and the Usage Data.
   • CI/CD tools:
     We may use Service Providers to update and automate the development process of our Platform.
   • Behavioral Remarketing:
     We may use remarketing services to advertise on third party websites to you after you visited our Platform. We and our Service Provider use cookies to inform, optimise and serve ads based on your past visits to our Platform.

10. Data Security Practice and Procedure

1. The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

11. Security of Data

1. We maintain strong security safeguards to ensure the security and confidentiality of the User's data, protect against any anticipated threats to the security of your Personal Information, protect against unauthorized access to your information, and ensure the proper disposal of your Personal Information. We have adopted a comprehensive security policy that complies with laws and regulations and reflects industry standards. We have in place appropriate safeguards and security measures to protect the personal data you provide on this Platform against accidental or any other unlawful forms of processing. We use third party Service Providers for the purposes of payment collections and information shared by you in relation to payments, shall be governed by privacy policy adopted by such Service Providers.
2. Our security policy requires us to consistently monitor the risk of any threats to the administrative, technical, and physical safeguards we have put in place to protect your information. The safeguards include, at a minimum, firewalls and data encryption and restricting access to your Personal Information only to those employees who have a need to know such information to carry on our operations. These safeguards are reviewed and adjusted periodically based on ongoing risk assessments.

12. Transfer of Data

1. The information, including Personal Data, we obtain from or about you may be maintained, processed and stored by us on the systems situated in the territory of Republic of India.
2. However, subject to applicable laws, your information, including Personal Data, may be transferred to - and maintained on - computers located in the countries other than India where the data protection laws may differ from those of the Data Protection Rules applicable in India.
3. If you are located outside India and choose to provide information to us, please note that we transfer the data, including Personal Data, to India and process it there.
4. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
5. The Company will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other Personal Information.
6. We comply with generally accepted industry standard regulations regarding the collection, use, and retention of data under the Information Technology Act, 2000 and Data Protection Rules. By using the Platform and/or Services, you consent to the collection, transfer, use, storage and disclosure of your information as described in this Privacy Policy, including to the transfer of your information outside of your country of residence.

13. LINKS TO OTHER SITES:

1. Our Platform may contain links to third party websites and mobile applications that are not operated by us. If you click such link, you may be directed to such third party's websites and mobile applications. We strongly advise you to review the Privacy Policy of every site you visit.
2. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party websites and mobile applications or any services offered by such third parties. You agree that we shall not be liable for any breach of your privacy of Personal Information or loss incurred by your use of such websites or services.

14. CHANGES TO THIS PRIVACY POLICY

1. This Privacy Policy will remain in effect except with respect to any changes in its provisions in the future. We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page, which will be in effect immediately after being posted on this page.
2. We reserve the right to update or change our Privacy Policy at any time and you are advised to review this Privacy Policy periodically for any changes. Your continued use of the Platform and our Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.
3. The Company, group companies, parent or subsidiaries companies of the Company based on any form of access to the Platforms (including free download/trials) or Services or Website or registrations through any source whatsoever, contact the User through WhatsApp, SMS, email, and call or in any manner as it may deem appropriate, to give information about its products as well as notifications on various important updates including market communication and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through telephone, WhatsApp, send updates on WhatsApp, SMS, e-mail or in any manner as it may deem appropriate and holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the User's mobile number is registered with Do not Call (DNC) database. By registering yourself, you agree to make your contact details available to our employees, associates and partners so that you may be contacted for education information and promotions through telephone, WhatsApp, SMS, email, or any other social platform means, etc.
4. We may let you know via email and/or a prominent notice on our Platform, prior to the material change becoming effective and update “effective date” at the top of this Privacy Policy.

15. MISCELLANEOUS:

1. Enforceability of the remainder of this privacy policy. this privacy policy does not apply to any information other than the information collected by us through the platform. this privacy policy shall be inapplicable to any unsolicited information you provide us through the platform or through any other means. all unsolicited information shall be deemed to be non-confidential and we shall be free to use and/ or disclose such unsolicited information without any limitations. The rights and remedies available under this policy may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. The rights under this policy may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

16. COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY PROTECTION:

1. BeMasterly is an intellectual property of the Company, all materials on the Platform are protected by copyright laws, trademark laws, and other intellectual property laws. Any unauthorized use of any such information or materials may violate copyright laws, trademarks laws, intellectual property laws, and other laws and regulations.

17. RECORDING

1. We reserve the right and you expressly consent to us recording the classes, discussions, processes, events, conversations, feedback, pertaining to our courses, offered online or any other format.

18. UPDATES TO THIS PRIVACY POLICY:

1. We may change the data privacy practices and update this Privacy Policy as and when the need arises, and the same will be made available on the Platform. But our commitment to protect your privacy will continue to remain. We suggest that you regularly check this Privacy Policy to apprise yourself of any updates. Your continued use of Platform and Services or provision of Information thereafter will imply your unconditional acceptance of such updates to this Privacy Policy. Further, we retain the right at any time to deny or suspend access to all, or any part of, the service to anyone who we reasonably believe has violated any provision of this Privacy Policy.

19. GRIEVANCE OFFICER:

In furtherance of the Information Technology Act, 2000 (“IT Act”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Guidelines”) a grievance officer is appointed to ensure compliance with the IT Act and the Intermediary guidelines:-

Name: Abhishek Patel

Address: 1A, Benefice Business House, 1041 Mathuradas Mill Compound, NM Joshi Marg, Lower Parel, Mumbai - 400 013.

The grievance officer shall revert to every complaint within 24 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 15 days of receipt of the complaint. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.

20. CONTACT US

1. If you have any questions about this Privacy Policy, please contact us by email: care@bemasterly.com