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Privacy Policy

Privacy Policy

This Privacy Policy details how Hoopoe Media Private Limited . (hereinafter referred to as “our”, “us”, “we” or “Hoopoe”, which shall include a reference to our affiliates, associates, sister concerns etc. including uTunes Entertainment Private Limited), collects, stores and/or uses information or data provided by you while accessing and/or using the Damroo mobile application (hereinafter referred to as “Damroo”) and any service offered on or through Damroo and our related websites, services, applications and products (hereinafter referred to as “Services”). For the purposes of this Privacy Policy, “you” and “your” means you as the end user of the Services. This Privacy Policy is required to be read in conjunction with the Terms of Use available at Terms and Conditions . Your access to and use of Damroo and the Services is conditional upon your acceptance of this Privacy Policy and the Terms of Use. By accessing and/or using Damroo and/or the Services, you represent that you have read, understood and are bound by the Terms of Use and this Privacy Policy, and that you consent to your information and data including personal information being collected, stored and used in the manner laid out in this Privacy Policy.

1. Collection of Information

‘Personal Information’ or ‘PII’ is defined as any information that identifies (whether directly or indirectly) to a particular individual or natural person, such as the individual’s name, postal address, email address, and mobile number indicating to that particular person or such person is identifiable. To avail certain Services on the Damroo , Registered Users are required to provide certain personally identifiable information for the registration process which may include:-
Name,
Email address,
Date of Birth
age,
Gender
Phone Number
When you avail the Services on Damroo as a Registered User through Google or Facebook and your mobile, Hoopoe may also collect information from your device including, but not limited to the following
Photos, Media and files
The make and model of your device
The operating system of your device
Software details
Device IDs
IP Addresses
Information about your telecom network
When you are a Damroo Provider, you may have to voluntarily provide us the following information/data
Singer/Talent: Full Legal Name, Artist Stage Name, Profile Photo, Photo ID( copy of either Aadhar Card, Passport, Voter’s ID or Driver’s license), PAN Card, Age, Gender, Full Residential Address with pin code, email, phono number, credit card or debit card details and bank account details
Label: Full Legal Name, Label Name, Company documents (copy of incorporation certificate, PAN and GST) Owner/Director’s/Authorised Signatory’s Photo ID (copy of Aadhaar or Passport), email, phone number, credit card or debit card details and bank account details.
All the aforementioned is hereinafter referred to as ‘Your Information’. It is clarified that as per the Terms of Use, all the above information is intended to be provided only by those who are legally competent, as per applicable laws, to enter into a contract and give consent for their personal information to be collected. All information requested from the user for the purposes of logging into, registering on, and/or accessing or using Damroo and/or the Services is required to be filled in by those who have the Legal Capacity (as defined in the Terms of Use) to enter into a contract and give consent for their personal information to be collected. No personal information is collected with respect to any person below the age of eighteen years. Parents who log into, register and/or access or use Damroo and/or the Services to assist their children who are minor students (i.e. students below the age of eighteen), should enter their own details such as phone number, full name, state and pin code when these details are requested.

2. Use of Information

Your Information will help you log into the Damroo App and access its features and Services.
The Information as supplied by the users enables us to improve the Damroo application and/or the Services and provide you the most user-friendly experience.
All required information is service dependent and Hoopoe may use Your Information to, maintain, protect, and improve the Damroo application and/or Services as well as fulfil its contractual obligations under the Damroo Music Rights Distribution Agreement and/or Damroo Streaming Agreement.
We may also use your email address or other PII to inform you about the Services and products as well as send commercial or marketing messages and by accepting this Privacy Policy you consent to receiving such marketing or commercial messages [with an option to subscribe / unsubscribe (where feasible)]. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major changes, for customer service purposes, billing, royalty payment etc.).
Any personally identifiable information provided by you will not be considered as sensitive if it is freely available and / or accessible in the public domain. Further, any comments, messages, blogs, scribbles etc. posted/uploaded/conveyed/communicated by users on the public sections of the Site becomes published content and is not considered personally identifiable information subject to this Privacy Policy.
In case you choose to decline to submit personally identifiable information on the Damroo application, we may not be able to provide certain services to you. We will make reasonable efforts to notify you of the same at the time of opening your account. In any case, we will not be liable and or responsible for the denial of certain services to you for lack of you providing the necessary personal information.
When you register with the Damroo application, we contact you from time to time about updating of your personal information to provide the users such features that we believe may benefit / interest you.
We may also use Your Information to show you personalized content recommendations.
Certain information such as Artist Stage Name, Photo, Meta Data of the audio/audiovisual file, artwork etc will be used by us in fulfillment of our obligations under the Damroo Music Rights Distribution Agreement and/or Damroo Streaming Agreement.
It is clarified that the highly sensitive information such as bank details, Aadhar Card, Passport, Voter’s ID or Driver’s license), PAN Card are collected by Damroo/Hoopoe for the purpose of identification and communication with you and fulfilling its obligations under the Damroo Music Rights Distribution Agreement and/or Damroo Streaming Agreement, which has been voluntary entered into by you for the promotion, distribution and exploitation of your content. Such highly sensitive information shall not be misused and shall remain with Hoopoe and its affiliates for the purpose of fulfilling its contractual obligations.
We may also use Your Information for debugging errors in the Damroo Services

3. Storage of Information

Hoopoe shall store Your Information collected in accordance with Clause 1 of the Privacy Policy for the duration necessary to fulfil the purposes described in Clause 2. It is clarified that some of these purposes may require Your Information to be stored permanently, such as to facilitate analysis of usage. The collecting agency in respect of Your Information is Hoopoe. However, Your Information may be stored/retained by ______________ .

4. Consent

By accessing and/or using Damroo and/or the Services, you represent that you have read, understood and are bound by the Terms of Use and this Privacy Policy, and that you consent to Your Information being collected, stored and used in the manner laid out in this Privacy Policy.

5. Your Rights

You have the following rights with respect to Your Information as collected by us:
Right to obtain confirmation on the processing of Your Information, request access to or review of your Personal Information, as well as the correction, completion, updation and erasure of Your Information;
Right to withdraw consent for the subsequent processing or use of your Personal Information; and
Right to receive Your Information in a structured, commonly used and machine-readable format, as well as the right to transmit such information to another entity, if we have collected such information with your consent and processed it by automated means.
You may choose to delete your account with Hoopoe , by contacting us via email at [email protected] We will provide you with further assistance in this regard and guide you through the process. We reserve the right to seek further details from you in order to ascertain the exact nature of the withdrawal of consent as stated in clause c above or request for deletion of your account. Withdrawal of consent and/or request for deletion of account shall not be treated as effective unless the communication is made to the email id given above . Once you choose to delete your account or withdraw consent for subsequent use of your personal data by Hoopoe, you will not be able to reactivate your account or retrieve any of the content you may have uploaded. Further, this may result in Hoopoe being unable to provide the Services to you.

6. Disclosure and Transfer of Information

Hoopoe may disclose and/or transfer Your Information to its development team in order to fulfil the purposes described in Clause 2 of this Privacy Policy. Hoopoe does not disclose or transfer Your Information to any other third parties without your consent, unless such disclosure or transfer is:
When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms or for complying with the applicable laws and regulations.
Hoopoe may present information in a depersonalized aggregated and de identifiable form to our advertisers – to help them understand our audience and confirm the value of advertising on our Services and/or Damroo – however it is usually in the form of aggregated statistics on traffic to various pages within our site.
Damroo may share your information regarding your activities on Damroo application and/or Services with third party social websites to populate your social wall that is visible to other people however you will have an option to set your privacy settings, where you can decide what you would like to share or not to share with others.
We may also use and share your data in a depersonalized, aggregated and de-identified form and data derived therefrom with our licensees and third parties for (i) Analysing usage patterns and performance of the Damroo App and Services (ii)Improving and Enhancing the Damroo App and Services and (iii)Other development, diagnostic and corrective purposes connected with the Services and other offerings and business of Hoopoe, Utunes and/or its licensees for distribution of content.
Certain information such as Artist Stage Name, Photo, Meta Data of the audio/audiovisual file, artwork of the audio/audio-visual file etc will be shared with third party distributors by Hoopoe under the Damroo Music Rights Distribution Agreement and/or Damroo Streaming Agreement and you consent to such collection, use and sharing of such data.

7. Security

Hoopoe complies with reasonable security practices and procedures as required by the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. Specifically, the database containing Your Information is hosted on a separate server with a firewall. However, since complete security cannot be ensured by any entity, please note that Hoopoe does not guarantee the security of Your Information. In the event that Hoopoe becomes aware of any breach of security such that it affects Your Information, Hoopoe shall notify you using commercially reasonable efforts, such as through a notice on Damroo. However, as detailed in Clause 10 of this Privacy Policy, you should look at this Privacy Policy regularly to check for such changes. Hoopoe claims no responsibility for the security of any third-party links, websites or resources that you may access through or in connection with Damroo and/or the Services.

8. Third Party Websites and Applications

The Service may include and link to features and services (such as social applications like Facebook, YouTube, WhatsApp and payment gateways) that are provided by a third party. If you use these features and services, please understand that the third parties that operate them may collect information from you which will be used in accordance with their own privacy policy and terms of use, which may differ from ours. We do not accept any responsibility or liability for or endorse these third-party policies or for any personal data that may be collected by or through these websites or services. You should always read the privacy policy of any feature or service you access carefully in order to understand the specific privacy and information usage practices.

9. Grievance Officer

Pursuant to Rule 5(9) of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, Hoopoe has designated the following person as the Grievance Officer: Address: E404 Gaurav Residency CHS Ltd. Phase 1, Beverly Park, Mira Road (E), Thane 401107 Email: [email protected]

10. Changes to the Privacy Policy

We retain the right to amend this Privacy Policy from time to time, for instance when we update the functionality of our Services or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to this Privacy Policy, such as through a notice on Damroo application. However, as a user of Damroo and/or the Services, you should look at this Privacy Policy regularly to check for such changes. We will also update the “Last Updated” date at the top of this Privacy Policy, which reflects the effective date of this Privacy Policy. Your continued access or use of Damroo and/or the Services after the date of the new Privacy Policy constitutes your acceptance of the new Privacy Policy. If you do not agree to the new Privacy Policy, you must stop accessing and/or using Damroo and/or the Services. You hereby acknowledge that any collection, storage, processing, sharing or other use of Your Information shall be governed by the Privacy Policy as applicable at the time of such collection, storage, processing, sharing or other use.

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