PRIVACY POLICY

1.Introduction

Thank you for visiting HaikuJAM and, if applicable, downloading and installing it on your iOS and/or Android device. Please read our Terms of Service and this Privacy Policy carefully, as you must agree to both documents in order to be permitted to use our Service (as defined hereinafter). It is also important that you read this Privacy Policy before using or submitting information to our Service as it is designed to inform you about our practices regarding collection, use, access and disclosure of information gathered about you via our Service. By mere use of our Service, you expressly consent to our practices regarding collection, use, access and disclosure of information gathered about you via our Service in accordance with this Privacy Policy. This Privacy Policy is subject to modification at any time without notice. To ensure that you are aware of such modifications, please review this Privacy Policy regularly. Your use of our Service after such modifications are implemented constitutes your acknowledgement and acceptance of the same. Our Privacy Policy applies to all Users across the world.

2.Definitions

Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:

“Affiliate” means, HaikuJAM Inc. based in the United States of America, HaikuJAM Limited based in the United Kingdom and/ or in respect of any specified person, any other person directly or indirectly controlling or controlled by or under direct or indirect common control with such specified Person. In case of natural persons, his/her relatives shall also be deemed to be Affiliates of such natural persons. For the purpose of this definition, “control” (including with correlative meanings, the terms “controlled by” and “under common control with”) as applied to any person means (a) the power to direct the management or policies of that person, directly or indirectly, whether through the ownership of voting equity shares or voting rights of that person, or (b) the power to appoint over half the members of the board of directors in a similar governing body of such person, through contractual arrangement or otherwise;

“App” refers to the mobile device software application known as “HaikuJAM”;

“HaikuJAM” refers to the company, “HaikuJam Technologies Private Limited”, its Affiliates and their respective directors, officers, employees, representatives and agents, depending on the context in which the word is used;

“Services” refers to the App, the Site, and any other services that HaikuJAM provides whether electronically or otherwise;

“Site” refers to the website, www.haikujam.com, and such other websites as may be created and/ or developed by HaikuJAM from time to time.

“Terms of Service” refers to the terms of service of HaikuJAM as amended from time to time;

“User” refers to anyone who downloads and/or installs the App, as well as anyone else who uses our Service and, without limiting the generality of the foregoing, includes general visitors to our Site; and

“You” refers to you, the person who is conveying acceptance of the terms and conditions of, and is governed by this Privacy Policy and the Terms of Service.

3.Information Collected

Identifying Information

HaikuJAM collects certain personal information from you when you sign up to the Services that can be used to identify you, such as your username, password, e-mail address, profile information provided by you for your User profile (such as your first name and last name, picture, contact number) and/or Facebook, Google and other social media profiles information (“Personal Information”). HaikuJAM may also collect and/ or store certain other Personal Information such as your credit card or debit card details when you make any purchases on the App or the Site. HaikuJAM only collects Personal Information about you that HaikuJAM considers necessary for achieving a safe, efficient, smooth, customised and pleasant experience for you while using the Services. The Personal Information, to the extent that it is private, is disclosed only in accordance with the Terms of Service and/or this Privacy Policy.

4.Non-Identifying Information

Whenever you visit the Site, HaikuJAM may collect anonymous, non-identifying information from you in addition to the Personal Information identified above, such as your IP address, referring URL, browser, operating system, cookie information, your internet service provider, your location specifications, the date and time of your visit to analyse trends, administer the Site, track movements, and for statistical purposes to find out how the Site is used and navigated, including the number of hits, the frequency and duration of visits and the most popular session times. Such data is not linked to your Personal Information.

Further, if you choose to make any payment on the Site or the App, HaikuJAM collects information about your buying behavior. If you choose to post messages on the message boards or other message areas or leave feedback, HaikuJAM will collect such information you provide to HaikuJAM. HaikuJAM will retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by applicable law. When you send to HaikuJAM personal correspondence, such as email or letters, or if other Users or third parties send to HaikuJAM correspondence about your activities or postings on the Site, HaikuJAM may collect such information in a file specific to you. In order to make the customer experience satisfactory HaikuJAM collects information from or about the computers, phones, or other devices where You install or access the Services, depending on the permissions you have granted. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices. We may further collect device information such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers, specific geographic locations, such as through GPS, Bluetooth, or WiFi signals, information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address.

Without a summons or any other communication from a government agency, voluntary compliance on the part of your internet service provider, or additional records from a third party, this information alone cannot usually be used to identify You.

5.Use of Your Information

HaikuJAM may use your information (including Personal Information) to:
- Facilitate provision of the Services on the Site and App and any other medium chosen.
- Enhance, develop or improve User experience or the Services.
- Diagnose and fix problems in relation to the Services.
- Send you communications, newsletters, including e-mails about the Services or respond to inquiries.
- Monitor and analyse trends and usage such as the total number of Users/ visitors, traffic to the Site and the App, and demographic patterns.
- Perform any other function that HaikuJAM believes in good faith is necessary to protect the security or proper functioning of the Services.
- Help verify accounts and activity, and to promote safety and security on and off of the Services, such as by investigating suspicious activity or violations of the Terms of Service, this Privacy Policy or any other policies.
- Verify your identity and prevent fraud or other unauthorized or illegal activity.
- Send to you marketing communications, communicate with you about the Services and let you know about HaikuJAM’s policies and terms if required. HaikuJAM also uses your information to respond to you when you contact HaikuJAM.
- HaikuJAM uses data and content about Users for invitations and communications promoting the HaikuJAM network, User engagement and the Services.
- HaikuJAM may access, preserve and share your information in response to a legal request (like a search warrant, court order or investigation) if HaikuJAM has a good faith belief that the law requires HaikuJAM to do so.

6.Accessing, Editing, and Removing Your Information

You may in some cases be able to review and edit the personal information (including Personal Information) you have provided to HaikuJAM by logging into your account on the Site or App and editing your account. You may also request that your information (including Personal Information) be deleted at any time or opt-out of receiving communications from HaikuJAM. Any such request should be made directly by contacting HaikuJAM’s Grievance Officer at hj@haikujam.com. Although most changes may occur immediately, information (including your Personal Information) may still be stored in a web browser’s cache. HaikuJAM takes no responsibility for stored information (including Personal Information) in your cache, or in other devices that may store information, and disclaim all liability in this regard and you hereby agree to waive and release all claims, demands and actions against HaikuJAM in relation thereto. In addition, HaikuJAM may, from time to time, retain residual information (including Personal Information) about you in HaikuJAM’s backup and/or database.

7.Third Party Websites

HaikuJAM or its Users may post links to third party websites on the Site or within the App. Through these links, you may be providing information (including Personal Information) directly to the third party, to HaikuJAM, or to both. These third-party websites are not screened for privacy or security issues by HaikuJAM, and you release HaikuJAM from any and all liability whatsoever for the conduct of these third party websites in the event you visit, use or in any other manner interact with such third party websites through the Services.

Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, do not create rights enforceable by third parties or require disclosure of any information (including Personal Information) relating to the Users. You agree and acknowledge that when you use a link to go from the Service to a third party website, this Privacy Policy is no longer in effect. You further agree and acknowledge that HaikuJAM and its related, affiliated or subsidiary companies bear no responsibility, direct or indirect, for the information (including Personal Information) collected or used by any advertiser or third party website in the event you visit, use or in any other manner interact with such advertisers or third party websites through the Services. Please review the privacy policy and terms of service for each site you visit, use or interact with through third party links vide the Services.

8.Third Party Access to Your Information

Although in terms of this Privacy Policy you are entering into an agreement with HaikuJAM to disclose your information (including Personal Information) to HaikuJAM, HaikuJAM uses third party individuals and organizations to assist it, including contractors, web hosts, and others.

Throughout the course of provision of the Services to you, HaikuJAM may delegate its authority to collect, access, use, and disseminate your information (including Personal Information). For example, HaikuJAM’s web host stores the information (including Personal Information) that you provide to HaikuJAM, and HaikuJAM may hire outside contractors to perform maintenance or assist HaikuJAM in securing the Site.

It is therefore necessary that you grant the third parties HaikuJAM may use in the course of its business the same rights that you afford to HaikuJAM under this Privacy Policy. For this reason, you hereby agree that for every authorisation which you grant to HaikuJAM in this Privacy Policy, you also grant to any third party that HaikuJAM may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving the Site, the App or the underlying files or systems in relation to the provision of the Services. You agree not to hold HaikuJAM liable, directly or indirectly, in any manner whatsoever for any actions of any of these third parties, and that you will take legal action against them directly should they commit any tort or other actionable wrong against you and release HaikuJAM from any and all liability whatsoever in this regard.

9.Release of Your Information for Legal Purposes

At times it may become necessary or desirable, for legal purposes, to release your information (including Personal Information) in response to a request from a government agency or a private litigant. You agree that HaikuJAM may disclose your information (including Personal Information) to a third party where HaikuJAM believes, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that HaikuJAM receives a summons or any other communication from a government agency affecting your privacy, HaikuJAM may elect to notify you to give you an opportunity to file a motion to quash such summons or other communication from the government agency, or HaikuJAM may attempt to quash it on its own, but HaikuJAM is not obligated to do either. HaikuJAM may also proactively report you, and release your information (including Personal Information) to, third parties where HaikuJAM believes that it is prudent to do so for legal reasons, such as HaikuJAM’s belief that you have engaged in fraudulent activities or in any other breach of any applicable law. You release HaikuJAM from any damages that may arise from or in relation to the release by HaikuJAM of your information (including Personal Information) to a request from law enforcement agencies or private litigants.

10.Commercial and Non-Commercial Communications

By providing information (including Personal Information) to the Site and the App that forms the basis of HaikuJAM’s communication with you, such as contact information, and by providing your acceptance to this Privacy Policy, you waive all rights to file complaints concerning receipt of unsolicited e-mail from HaikuJAM since, by providing such information (including Personal Information) and accepting this Privacy Policy, you agree to receive communications from HaikuJAM or anyone else covered under this Privacy Policy. However, you may unsubscribe from certain communications by notifying HaikuJAM that you no longer wish to receive solicitations or information from HaikuJAM and HaikuJAM will endeavor to remove you from the database.

11.Security Measures

HaikuJAM takes stringent measures to protect the information (including Personal Information) provided by you and enhance the security of the Services, as it is in HaikuJAM’s interest to do so. HaikuJAM will take reasonable steps to protect your information (including Personal Information) from misuse, loss and unauthorised access, modification or disclosure. However, HaikuJAM makes no representations as to the security or privacy of your information (including Personal Information). It is in HaikuJAM’s interest to keep the Services secure, but HaikuJAM recommends that you use anti-virus software, firewalls, and other precautions to protect yourself and your information (including Personal Information) from security threats.

12.Children’s Privacy

Protecting the privacy of young children is especially important. HaikuJAM does not knowingly collect or solicit information (including Personal Information) from anyone under the age of 18 or knowingly allow such persons to register with the Services. If HaikuJAM becomes aware that HaikuJAM has collected information (including Personal Information) from a child under the age of 18 without parental consent, HaikuJAM takes steps to remove such information.

13.Children’s Privacy

HaikuJAM permits residents of India to use the Services. Therefore, it is the intent of HaikuJAM to comply with the Information Technology Act, 2000 and any amendments thereafter. You agree that HaikuJAM collects electronic information from all visitors and if You have any grievance with regards to such information You may contact HaikuJAM’s Grievance Officer hj@haikujam.com with your grievances/queries.

14.European Data Protection Directive

If you have any concerns about how your information (including Personal Information) is handled by HaikuJAM, please contact HaikuJAM’s Grievance Officer at hj@haikujam.com.

15.International Transfer

Your information (including Personal Information) may be stored and processed in the United Kingdom, the United States of America or India or any other country in which HaikuJAM, its affiliates or internet service providers maintain facilities. By registering for and using the Services, you consent to your information (including Personal Information) being transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside India and choose to provide information (including Personal Information) to HaikuJAM, HaikuJAM transfers your information (including Personal Information) to the United States and/or United Kingdom and processes it there. Your consent to this Privacy Policy followed by your submission of such information (including Personal Information) represents your agreement to the aforesaid transfer.

16.Amendments

Like the Terms of Service, HaikuJAM may amend this Privacy Policy from time to time. When HaikuJAM amends this Privacy Policy, HaikuJAM will place a note on the Site, the App or notify you by other means as to when this Privacy Policy was last modified, and HaikuJAM will also require your agreement to the amendments as a condition of your continued use of the Services.

17.Prior Permission

In the event prior permission of HaikuJAM is required for any purpose whatsoever under this Privacy Policy, you may write to HaikuJAM at hj@haikujam.com setting out the details therein.

18.Grievance Officer

The name and contact details of the Grievance Officer, as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder, as amended from time to time, are as provided below:

Name: Adriel Fernandes
Email address: hj@haikujam.com

Last modified: 15 January 2019