Last updated on: 28/06/2018
The terms of the Policy shall govern your use of the Platform accessed through the LitmusWorld website https://litmusworld.com/ or through its mobile application. BY ACCESSING AND USING THE PLATFORM AND AVAILING THE SERVICES OFFERED BY LITMUSWORLD ("SERVICES"), YOU AGREE TO THE TERMS OF THIS POLICY. BY CONSENTING TO AVAIL OUR SERVICES, YOU HEREBY CONSENT TO THE SHARING OF YOUR/YOUR CUSTOMER INFORMATION AS PROVIDED IN HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT ACCESS AND USE THE PLATFORM.
LitmusWorld reserves the right, at its discretion, to change, modify, add or remove portions of this Policy at any time. LitmusWorld recommends that you review this Policy periodically to ensure that you are aware of the current privacy practices.
- Collection of Information
- LitmusWorld may collect the following information when you create your account with LitmusWorld:
- if you are a client of LitmusWorld ("Client"), If your customers/proposed customers personally identifiable information; and,
- if you are a customer / proposed customer of our Client ("Customer"), your personally identifiable information; such as the name, email address, telephone number, demographic information, such as gender, pin code or similar information (“Customer Information”). However, LitmusWorld does not require or seek the disclosure of any sensitive personal data / information of your customers / proposed customers such as passwords, financial information (details of bank account, credit card, debit card, or other payment instrument details), medical history and health records.
- If you do not provide Customer Information that is classified as mandatory by LitmusWorld, you may not be able to avail the Services offered by LitmusWorld.
- You represent that the Customer Information/data you provide from time to time is and shall be correct, current and updated and that, if you are a Client, prior to such disclosure of Customer Information to us, you have obtained all the rights, permissions and consents from your customers / proposed customers to provide such Customer Information for use by us in the manner provided herein. You also represent that your providing the Customer Information and LitmusWorld’ consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, judgments, orders or decrees.
- LitmusWorld may also collect non-personal information, i.e., information that does not identify any individual, and includes session and usage data, log data and aggregate information collected through cookies. Data in cookies may be read to authenticate user sessions or provide other services. LitmusWorld may install cookies or other similar data collection software in your computer system/device for such purpose and you hereby consent to the same.
- With respect to non-personal information, you have the option of preventing your browser from accepting new cookies or disabling cookies altogether. Further, you can also disable or delete similar data used by browser add-ons by changing the add-on’s settings.
- Cookies And Third Party Technologies
- Authenticating users
- Remembering user preferences and settings
- Determining the popularity of content
- Analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our services
- Data Processor
LitmusWorld provides services to users throughout the world. If you use our services, LitmusWorld Marketing Technologies, Ltd. is the data processor of your information.
We process personal information inside and outside of India. If you live in the EU, the data controller for the information you provide or that is collected by LitmusWorld or its affiliates is:
LitmusWorld Marketing Technologies Pvt. Ltd.
Equinox Business Park, 1st Floor, Tower-II, Off Bandra Kurla Complex, LBS Marg, Kurla (W), Mumbai 400 070, Maharashtra, India
- Use of Information
- LitmusWorld collects only such Customer Information that LitmusWorld believes to be relevant and is to provide the Services to you effectively. LitmusWorld limits the disclosure of Customer Information to LitmusWorld’ employees, independent contractors, affiliates, consultants, business associates, service providers and distributors, on a need-to-know basis, and only if the disclosure will enable such person / entity to provide LitmusWorld with business, professional, or technical support to provide the Services.
- LitmusWorld does not rent, trade or sell the Customer Information in any manner, except as specified herein or if express consent is sought from you. The Customer Information will be kept confidential to the maximum possible extent and will be used to support your relationship with LitmusWorld. The information so provided by you to LitmusWorld or otherwise captured by LitmusWorld may be used for a number of purposes connected with LitmusWorld’ business operations which may include the following:
- If you are a Client:
- to contact your customers / proposed customers to seek feedback from them regarding the services offered / rendered by you and/or the goods offered for sale / sold by you to them;
- to determine your net promoter score and to use the same for internal purposes of LitmusWorld;
- to facilitate real time conversations between you and your customers / proposed customers; and
- personalizing your customers’ / proposed customers’ experience by presenting advertising, coupons, products and offers tailored to their needs.
- If you are a Customer:
- to contact you in relation to feedback sought/to be sought from you regarding the services offered/rendered by any Client and/or the goods offered for sale by any Client;
- to determine the net promoter score of the Clients based on the information provided by you, and to use the same for internal purposes of LitmusWorld. Such scores will, at no times, identify or be attributable to you; and
- to facilitate real time conversations between you and the Clients;
- personalizing your experience by presenting advertising, coupons, products and offers tailored to their needs.
- to record, support and facilitate your use of the Platform;
- to provide you with support services and back-end support for the use of the Platform;
- to conduct internal reviews and data analysis for the Platform / Services; and
- responding to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law.
- Customer Consent
You acknowledge that if you are a Client, prior to making any Customer Information available to LitmusWorld, You shall obtain all the necessary consents from the customers / proposed customers for use of the Customer Information by LitmusWorld in the manner stated herein. You (and not LitmusWorld) shall be liable to such third parties for any claims of unauthorised access, disclosure / dissemination and use of such Customer Information. You further agree to indemnify LitmusWorld from and against any and all losses, liabilities, damages, interest, penalties, cost and expenses (including reasonable attorney’s fees) incurred as a result of any such claims, suits, actions, judgments or causes of action or other proceedings brought by your customers/proposed customers against LitmusWorld, pertaining to the use and disclosure of the Customer Information.
- Disclosure, Use and Publication
- Customer Information may be disclosed by LitmusWorld under the following circumstances:
- LitmusWorld may disclose Customer Information to its consultants, vendors and contractors who provide various services including, customer service, repair and maintenance of the Platform, website hosting, data analysis, IT services, and other similar services, under confidentiality restrictions;
- LitmusWorld may disclose Customer Information provided by you to employees, other corporate entities, partners, associates, affiliates and service providers (both in India and outside India) working on LitmusWorld’ behalf to provide the Services and other agencies on a need to know basis. LitmusWorld will not use or disclose Customer Information except in connection with the performance of the Services;
- LitmusWorld may prepare and provide statistical or non-identifiable data to third parties based on your Customer Information; and
- As necessary or appropriate: (a) in any manner permitted under applicable law, including laws outside your country of origin; (b) to comply with legal processes whether local or foreign; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of origin; (d) to enforce LitmusWorld’s terms and conditions, if any; (e) to protect LitmusWorld’s rights, privacy, safety or property, and/or that of LitmusWorld’s affiliates, you or others; or (f) to allow LitmusWorld to pursue available remedies or limit the damages that LitmusWorld may sustain.
- LitmusWorld may preserve any communication by you with LitmusWorld through the Platform or any Service, and may also disclose such data if required to do so by law or if LitmusWorld determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce this Policy; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of LitmusWorld, its employees, users of, or visitors to, the Platform, and the public.
- Information Security and Storage
- LitmusWorld uses reasonable security measures, at the minimum those mandated under the Information Technology Act, 2000 as amended from time to time to safeguard and protect the Customer Information. LitmusWorld implements such measures, as stated above, to protect against unauthorized access to, and unlawful interception of, Customer Information. You accept the inherent security implications of providing information over Internet/ cellular / data networks and will not hold LitmusWorld responsible for any breach of security or the disclosure of Customer Information unless LitmusWorld has been grossly and wilfully negligent.
- The Customer Information will primarily be stored in electronic form. However, certain data can also be stored in physical form. LitmusWorld may store, collect, process and use the Customer Information in countries other than the Republic of India but under full compliance with applicable laws. LitmusWorld may enter into agreement with third parties (in or outside of India) to store the Customer Information. These third parties may have their own security standards to safeguard the Customer Information and LitmusWorld will on commercial reasonable basis require such third parties to adopt reasonable security standards to safeguard the Customer Information.
- LitmusWorld shall not be responsible for any breach of security or for any actions of any third parties that receive the Customer Information.
- Notwithstanding anything contained in this Policy or elsewhere, LitmusWorld shall be under no liability whatsoever in case of occurrence of a force majeure event, including in case of non-availability of any portion of the Platform and/or Services occasioned by act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure, technology outages, failure of technology integration of partners or any other cause whatsoever, beyond the control of LitmusWorld. Further, in case of a force majeure event, LitmusWorld shall not be liable for any breach of security or loss of data uploaded by you to the Platform.
- Access, Correction and Deletion
If you wish to have the Customer Information that you have provided to LitmusWorld amended or deleted, you can always do so by sending a request to us on the e-mail id email@example.com. LitmusWorld may retain back-up and other data for as long as required by applicable laws and normal business prudence.
- General Provisions
- Unless stated otherwise, the Policy applies to all Customer Information provided by you to LitmusWorld. LitmusWorld may make changes to this Policy, from time to time at LitmusWorld's sole discretion or on account of changes in law.
- In case of an amalgamation, merger, acquisition or business transfer between LitmusWorld and a third party, LitmusWorld shall have the right to transfer all Customer Information provided by You to the acquirer.
- Special Information For EU Users
Beginning May 25, 2018, the processing of personal data of users in the European Union is subject to the EU General Data Protection Regulation ("GDPR"). This section provides information as relates to EU users' rights, and LitmusWorld's responsibilities, under this regulation.
- EU User Rights
If you are a LitmusWorld user in the EU, you have the following rights with respect to LitmusWorld's handling of your personal information. To exercise these rights, please see below.
Users outside the EU may also request explanation, correction, deletion or copies of their personal data.
- Explanation and copies of your data
- You have the right to request an explanation of the information that LitmusWorld has about you and how LitmusWorld uses that information.
- You also have the right to receive a copy of the information that LitmusWorld collects about you if collected on the basis of consent or because LitmusWorld requires the information to provide the services that you request.
- If LitmusWorld has information about you that you believe is inaccurate, you have the right to request correction of your information. Please see the section titled "Explanation, Copies and Correction" below for more information on correcting, or requesting correction of, your information.
- Users may request deletion of their accounts at any time. Users may requests deletion by contacting the Controller on whose behalf LitmusWorld is having the conversation with you. We may retain certain information about you as required by law and for legitimate business purposes permitted by law.
- Objections and complaints
- Users in the EU have the right to object to LitmusWorld's processing of personal data, including for marketing purposes based on profiling and/or automated decision making. LitmusWorld may continue to process your information notwithstanding the objection to the extent permitted under GDPR.
- Users in the EU also have the right to file a complaint relating to LitmusWorld's handling of your personal information with the Data Protection Officer. Their contact information is as follows:
- You may also submit questions, comments or complaints to LitmusWorld's Data Protection Officer.
- Grounds for Processing
The GDPR requires that companies processing the personal data of EU users do so on the basis of specific legal grounds. As described below, LitmusWorld processes the information of EU users based on one or more of the grounds specified under the GDPR:
- The processing is necessary to provide the services and features you request
- LitmusWorld must collect and use certain information in order to provide its services. This includes:
- User profile information that is necessary to enable communications with you about your interaction with the brand, and to enable the brand to gain insights from the response provided.
- Transaction information, which is necessary to group the conversations and derive analytical insights from them.
- Collection and use of this information is a requirement for using LitmusWorld's apps.
- The processing is necessary to protect the vital interests of our users or of others
- LitmusWorld may process personal information, including disclosing data with law enforcement authorities in case of threats to the safety of users or of others.
- The processing is necessary for LitmusWorld's legitimate interests
- LitmusWorld collects and uses personal information to the extent necessary for its legitimate interests. This includes collecting and using information:
- To maintain continuous conversation with the user on an interaction with the brand.
- To avoid repeated conversation requests in case of frequent interactions.
- To provide customer support.
- For research and analytical purposes. This includes, for example, analyzing usage trends to improve the user experience and enhance the service and product offering of our client.
- To enforce LitmusWorld's Terms of Service.
- The processing is necessary for the legitimate interests of other persons or parties
- LitmusWorld collects and uses personal information to the extent necessary for the interests of other persons or the general public.
- LitmusWorld may also process personal information when necessary in regards to a substantial public interest, on the basis of applicable laws.
- LitmusWorld may collect and use your information on the basis of your consent. You may revoke your consent at any time. If you revoke your consent, you will not be able to use any service or feature that requires collection or use of the information we collected or used on the basis of consent.
- LitmusWorld relies on consent in connection with data collections or uses that are necessary to enhance the user experience, to enable optional services or features, or to communicate with you. If you are an EU user, the following types of data collections or uses are done on the basis of your consent.
- Device Information (Customers)
- Notifications: SMS and email (Customers)
- Notifications: Alerts and emails (Brand Managers)
- Please see the Choice & Transparency section below for further information about these data collections and uses, how to opt in or out of them, and the effect of opting out of these on your use of LitmusWorld's apps.
- LitmusWorld may also collect personal information about you through voluntary surveys. Your responses to such surveys are collected on the basis of consent, and will be deleted once no longer necessary for the purposes collected.
Any dispute over privacy issues will be subject to this Policy and LitmusWorld’ terms and conditions, and the applicable law shall be the law of the Republic of India. Courts in Mumbai alone shall have exclusive jurisdiction to hear disputes arising out of this Policy.
- Grievance Officer
If you have questions or concerns about this Policy, please contact the Grievance Officer of LitmusWorld at firstname.lastname@example.org.
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Divyakant Dave
Equinox Business Park, Tower II,
Old Swan Mill Compound,
L.B.S Marg, Kurla (West),
Mumbai – 400 070
Time: Mon – Fri (9:30am to 6:30pm)