Global - English
INFORMATION COVERED BY THIS PRIVACY POLICY
This privacy policy covers personal information, including any
information we collect, use and share from you, as described
further below. This privacy policy applies to all websites in the
GupShup corporate family, our products and services, and our
mobile applications (collectively, the "Services"). This privacy
policy does not cover how our Users may use or share data that
they collect using our services.
When you use any of our product or Service, your personal
information will be collected, used, and shared consistent with
the provisions of this privacy policy as well as the following
agreements/contracts related to particular products and services
offered by GupShup.
1. INFORMATION WE COLLECT FROM YOU
Personal identification information
We may collect personal identification information from Users in a
variety of ways, including, but not limited to, when Users visit
our site, register on the site, and in connection with other
activities, services, features or resources we make available on
our Site. Users may be asked for, as appropriate, name, email
address, mailing address, phone number, credit card information.
Users may, however, visit our Site anonymously. We will collect
personal identification information from Users only if they
voluntarily submit such information to us. Users can always refuse
to supply personally identification information, except that it
may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users
whenever they interact with our Site. Non-personal identification
information may include the browser name, the type of computer and
technical information about Users means of connection to our Site,
such as the operating system and the Internet service provider's
utilized and other similar information.
Web browser cookies
Our Site may use "cookies" to enhance User experience. User's web
browser places cookies on their hard drive for record-keeping
purposes and sometimes to track information about them. User may
choose to set their web browser to refuse cookies, or to alert you
when cookies are being sent. If they do so, note that some parts
of the Site may not function properly.
Gupshup's Business Products:
We create apps, services, features, APIs, software, or website
that enable businesses to interact with users of our products and
services ("Business Products"). Partners (the "data controllers")
may submit personal information about their customers to us using
our Business Products. While Partners decide what information to
submit, it typically includes things like customer phone numbers
and other information under the Partner's control. For more
information, customers may contact the relevant Partner. We
process these personal data provided by Partners to provide
Business Products in accordance with the terms applicable to the
relevant Business Product and otherwise with the Partners'
instructions.
2. HOW WE USE COLLECTED INFORMATION
GupShup may collect and use Users information for the following
purposes:
We may process data about your use of our website and services
("usage data"). The usage data may include but not limited to your
IP address, geographical location, browser type and version,
operating system, referral source, length of visit, page views and
website navigation paths, as well as information about the timing,
frequency and pattern of your service use. The source of the usage
data is our analytics tracking system. This usage data may be
processed for the purposes of analyzing the use of the website and
services. The legal basis for this processing is consent and our
legitimate interests, namely monitoring and improving our website
and services.
We may process your account data ("account data"). The account
data may include your name and email address. The account data may
be processed for the purposes of operating our website, providing
our services, ensuring the security of our website and services,
maintaining back-ups of our databases and communicating with you.
The legal basis for this processing is consent and our legitimate
interests, namely the proper administration of our website and
business.
We may process your information included in your personal profile
on our website ("profile data"). The profile data may include your
name, your organization name, address, telephone number, email
address, profile pictures, gender, and date of birth. The profile
data may be processed for the purposes of enabling and monitoring
your use of our website and services. The legal basis for this
processing is your consent.
We may process your personal data that are provided in the course
of the use of our services ("service data"). The service data may
include logs, usage reports, services used, date and time stamps
of the service usage, telephone numbers. The source of the service
data is the usage of our service and website. The service data may
be processed for the purposes of operating our website, providing
our services, ensuring the security of our website and services,
maintaining back-ups of our databases, improving our services,
developing new services, measuring performance and communicating
with you. The legal basis for this processing is your consent.
We may process information contained in any enquiry you submit to
us regarding our products and services ("enquiry data"). The
enquiry data may be processed for the purposes of offering,
marketing and selling relevant products and/or services to you.
The legal basis for this processing is your consent.
We may process information contained in or relating to any
communication that you send to us ("correspondence data"). The
correspondence data may include the communication content and
metadata associated with the communication. Our website will
generate the metadata associated with communications made using
the website contact forms. The correspondence data may be
processed for the purposes of communicating with you and
record-keeping. The legal basis for this processing is our
legitimate interests, namely the proper administration of our
website and business and communications with you.
We may process information that you provide to us for the purpose
of subscribing to our email notifications and/or newsletters
("notification data"). The notification data may be processed for
the purposes of sending you the relevant notifications and/or
newsletters. The legal basis for this processing is consent.
We may process any of your personal data identified in this policy
where necessary for the establishment, exercise or defense of
legal claims, whether in court proceedings or in an administrative
or out-of-court procedure. The legal basis for this processing is
our legitimate interests, namely the protection and assertion of
our legal rights, your legal rights and the legal rights of
others.
We may process any of your personal data identified in this policy
where necessary for the purposes of obtaining or maintaining
insurance coverage, managing risks, or obtaining professional
advice. The legal basis for this processing is our legitimate
interests, namely the proper protection of our business, products
and services against risks.
In addition to the specific purposes for which we may process your
personal data set out in this Section, we may also process any of
your personal data where such processing is necessary for
compliance with a legal obligation to which we are subject, and/or
in order to protect your vital interests or the vital interests of
another natural person.
In addition to the above, we may process the data collected for
the protection of our users and public at large. We use
information to help improve the safety and reliability of our
services. This includes detecting, preventing, and responding to
fraud, abuse, security risks, and technical issues that could harm
GupShup, our users, or the public.
In addition to the above, we may process the data collected for
the purpose of analytics and measurement to understand how our
services are used and for ensuring that our services are working
as intended, such as tracking outages or troubleshooting issues
that you report to us. And we also use your information to make
improvements to our services.
3. SHARING YOUR PERSONAL INFORMATION
As described below, we will only share certain personal
information;
Authorized Users
All users authorized by you to have access to your account can
view personal information stored in the account. A primary account
holder can view personal information saved in subaccounts to which
they have authorized access. We share information about authorized
users only for legitimate purposes consistent with this privacy
policy, including servicing your account and marketing products
and services to you.
SHARING WITHIN THE GUPSHUP CORPORATE FAMILY:
We share personal information with other members of the GupShup
corporate family to allow our corporate affiliates to contact you
with offers, services or products that may be of interest to you
and to provide you with their products and services. Any such
corporate affiliate may use your information only according to the
terms of this privacy policy. If you are located in a jurisdiction
where such sharing requires your permission, we will only do so
with your consent.
SHARING WITH INSURERS AND PROFESSIONAL ADVISERS
We may disclose your data to our insurers and/or professional
advisers insofar as reasonably necessary for the purposes of
obtaining or maintaining insurance coverage, managing risks,
obtaining professional advice, or the establishment, exercise or
defence of legal claims, whether in court proceedings or in an
administrative or out-of-court procedure.
SHARING WITH PARTNERS
When we share personal information with certain third-party
partners, including marketing and advertising partners, that
information includes your name, email address and other
information enabling partners to: (a) assist you in using our
products and services, (b) contact you with offers, services or
products that may be of interest to you, and (c) provide you with
their products or services.
If you are located in a jurisdiction where such sharing requires
your consent, we will only do so with your consent. Please note
that if you access our services through any tool that hides your
location, such as through a virtual private network, you may not
receive our request for permission because we were not able to
identify you as being located in a jurisdiction where your
permission is required.
Further, our partners are prohibited from using your contact
information for any purpose beyond those set forth above without
your consent. We will not provide our partners with your credit
card information. In the event we collect information from you in
connection with an offer that is jointly presented by us and a
partner, we will let you know who is collecting the information
and whose privacy policy applies, as well as any options you may
have regarding use of your information.
SHARING WITH THIRD PARTY SERVICE PROVIDERS AND VENDORS
Occasionally, we enter into contracts with carefully selected
third parties so that they can assist us in servicing you (for
example, providing you with customer service, fraud detection and
deterrence or access to advertising assets and providing us with
information technology and storage services) or to assist us in
our own marketing and advertising activities (including providing
us with analytic information and search engine optimization
services). Our contracts with such third parties prohibit them
from using any of your personal information for any purpose beyond
the purpose for which it was shared.
If you purchase a product or service from a third party through
one of our product or brands, we will pass your personal
information to such third party in order for them to fulfill your
order and provide you the relevant services.
We also share non-personal information with certain third parties,
including the media, industry observers, marketing and advertising
partners, vendors, customers, potential customers or partners. For
example, we disclose mobile search trends, email open rates by
industry, campaign best practices or the number of users that have
been exposed to, or clicked on, our websites or evaluated or
purchased our products and services. We may use third party
service providers to help us operate our business and the Site or
administer activities on our behalf, such as sending out
newsletters or surveys or serve us services as a telecom operator.
We may share your information with these third parties for those
limited purposes only and with your necessary consent under the
law, if any.
Payment Services Providers:
Financial transactions relating to our website and services may be
handled by our payment services providers. We will share
transaction data with our payment services providers only to the
extent necessary for the purposes of processing your payments,
refunding such payments and dealing with complaints and queries
relating to such payments and refunds. You can find information
about the payment services providers' privacy policies and
practices at [URLs].
Compliance with Laws and Law Enforcement Requests:
We may disclose your Information (including your Personal
Information) to a third party if (a) we believe that disclosure is
reasonably necessary to comply with any applicable law,
regulation, legal process or governmental request, (b) to enforce
our agreements, policies and terms of service, (c) to protect the
security or integrity of Gupshup's products and services, (d) to
protect Gupshup's , our customers or the public from harm or
illegal activities, or (e) to respond to an emergency which we
believe in the good faith requires us to disclose information to
assist in preventing the death or serious bodily injury of any
person. However, nothing in this Privacy Policy is intended to
limit any legal defenses or objections that you may have to a
third party's, including a government's, request to disclose your
information. GupShup also reserves the right to disclose
personally identifiable information and/or
non-personally-identifiable information that GupShup believes, in
good faith, is appropriate or necessary to enforce our Terms of
Service, take precautions against liability, to investigate and
defend itself against any third-party claims or allegations, to
assist government enforcement agencies, to protect the security or
integrity of our web site, and to protect the rights, property, or
personal safety of GupShup, our Users or other natural person.
BUSINESS TRANSFERS:
We may share or transfer your information (including your Personal
Information) in connection with, or during negotiations of, any
merger, sale of company assets, financing, or acquisition of all
or a portion of our business to another company. We will notify
all users under the contract of our services by email and/or a
prominent notice on our website of any such transfer.
4. SECURITY
Transmission of information to Gupshup through various conversational channels is your responsibility. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted through various communication channels; any transmission is at your own risk. Once we have received your information, we will take appropriate technical and organizational security measures to safeguard your personal information against loss, theft and unauthorized use, access or modification.
In case of collection of financial account information, we protect its transmission through the use of encryption such as the Transport Layer Security (TLS) protocol.
5. How we protect your information
We adopt appropriate data collection, storage and processing
practices and security measures to protect against unauthorized
access, alteration, disclosure or destruction of your personal
information, username, password, transaction information and data
stored on our Site.
Sensitive and private data exchange between the Site and its Users
happens over a SSL secured communication channel and is encrypted
and protected with digital signatures.
6. International transfers of your personal data
In order for us to provide the Services to you, your personal
information will be transferred to, and stored at/processed in the
United States, Europe and Asia. Your personal data is also
processed by staff operating outside the European Economic Area
(EEA), such as in Asia and the USA, who work for us or for one of
our suppliers. We will take all steps reasonably necessary to
ensure that your personal data is treated securely and in
accordance with this policy.
For transfers of personal information within the GupShup corporate
family, such transfer will be under the Commission's model
contracts for the transfer of personal data to third countries
(i.e., the standard contractual clauses), pursuant to Decision
2004/915/EC and 2010/87/EU.
For transfers of data to third parties, the third parties shall be required to sign a Data Privacy Addendum (DPA) with Gupshup to ensure the protection of personal/sensitive personal/sensitive personal data that is disclosed to the third parties. The MSA shall include the clauses on privacy such as data protection requirements, procedures to handle contract breaches, procedures to handle personal/sensitive personal/sensitive personal data on the termination of the contract, remedial action to respond to the misuse of personal/sensitive personal data by third parties, etc.
A documented section on remedial action shall be made within the Data Privacy Addendum (DPA) to respond to the misuse of personal/sensitive personal data by third parties.
You can contact the Data Protection Officer listed below to obtain
a copy of the data transfer agreement or more information
regarding the relevant safeguard we put in place.
We and our group companies have offices and facilities in India
and USA. The hosting facilities for our website are situated in
United States, Europe and Asia. The European Commission has made
an "adequacy decision" with respect to the data protection laws of
each of these countries. Transfers to each of these countries will
be protected by appropriate safeguards, namely the use of standard
data protection clauses adopted or approved by the European
Commission, a copy of which can be obtained from
https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en
You acknowledge that the personal data that you submit for
publication through our website or services may be available, via
the internet, apps, website around the world. We cannot prevent
the use or misuse of such personal data by others.
7. Third party websites
Users may find advertising or other content on our Site that link
to the sites and services of our partners, suppliers, advertisers,
sponsors, licensors and other third parties. We do not control the
content or links that appear on these sites and are not
responsible for the practices employed by websites linked to or
from our Site. In addition, these sites or services, including
their content and links, may be constantly changing. These sites
and services may have their own privacy policies and customer
service policies. Browsing and interaction on any other website,
including websites which have a link to our Site, is subject to
that website's own terms and policies.
8. UNAUTHORIZED ACCOUNTS
If an account or profile was created without your knowledge or
authorization, please contact customer support at the brand on
which the account or profile is located to request removal of the
account or profile.
9. RETENTION OF PERSONAL INFORMATION
We retain your personal information to provide services to you and
as otherwise necessary to comply with our legal obligations,
resolve disputes, and enforce our agreements.
Notwithstanding the other provisions of this Section, we may
retain your personal data where such retention is necessary for
compliance with a legal obligation to which we are subject, or in
order to protect your vital interests or the vital interests of
another natural person.
10. Our policy towards children
GupShup Services are not directed to individuals under 18. We do
not knowingly collect Personal Information from children under 18.
If we become aware that a child under 18 has provided us with
Personal Information, we will take steps to delete such
information. If you become aware that a child has provided us with
Personal Information, please contact our Support Services at
support@gupshup.io
11. Your rights
11.1. In this Section, we have summarized the rights that you have
under data protection law. Some of the rights are complex, and not
all of the details have been included in our summaries.
Accordingly, you should read the relevant laws and guidance from
the regulatory authorities for a full explanation of these rights.
11.2. Your principal rights under data protection law are:
the right to access;
the right to rectification;
the right to erasure;
the right to restrict processing;
the right to object to processing;
the right to data portability;
the right to complain to a supervisory authority; and
the right to withdraw consent.
11.3. To the extent that the legal basis for our processing of
your personal data is:
Your consent; or that the processing is necessary for the
performance of a contract to which you are party with us or with
our partners to whom we are providing services as a processor or
in order to take steps at your request prior to entering into a
contract, and such processing is carried out by automated means,
you have the right to receive your personal data from us in a
structured, commonly used and machine-readable format. However,
this right does not apply where it would adversely affect the
rights and freedoms of others.
11.4. If you consider that our processing of your personal
information infringes data protection laws, you have a legal right
to lodge a complaint with a supervisory authority responsible for
data protection. You may do so in the EU member state of your
habitual residence, your place of work or the place of the alleged
infringement.
11.5. To the extent that the legal basis for our processing of
your personal information is consent, you have the right to
withdraw that consent at any time. Withdrawal will not affect the
lawfulness of processing before the withdrawal.
11.6. You may exercise any of your rights in relation to your
personal data by written notice to us at
support@gupshup.io
12. Advertisements:
Ads appearing on our site may be delivered to Users by advertising
partners, who may set cookies. These cookies allow the ad server
to recognize your computer each time they send you an online
advertisement to compile non personal identification information
about you or others who use your computer. This information allows
ad networks to, among other things, deliver targeted
advertisements that they believe will be of most interest to you.
This privacy policy does not cover the use of cookies by any
advertisers.
13. Changes to this privacy policy
13.1. We may update this policy at its discretion from time to
time by publishing a new version on our website.
13.2. You should check this page occasionally to ensure you are
happy with any changes to this policy. You acknowledge and agree
that it is your responsibility to review this privacy policy
periodically and become aware of modifications.
13.3. We may notify you of significant changes to this policy by
email or through the private messaging system on our website.
14. Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If
you do not agree to this policy, please do not use our Site. Your
continued use of the Site following the posting of changes to this
policy will be deemed your acceptance of those changes.
15. Compliance with privacy laws and regulations
You as a User or partner agree not to use the GupShup Services in
a manner that would violate laws protecting an individual's
privacy rights, health, safety or financial data, including but
not limited to the Health Insurance Portability and Accountability
Act of 1996 as amended (HIPAA), the Gramm-Leach-Bliley Act and its
implementing regulations, European Union's General Data Protection
Regulation 2016/679, or GDPR, the Privacy Rule and the Safeguards
Rule thereof.
16. Complaints or inquiry:
If you have any questions or complaints about this Privacy Policy,
the practices of this site, or your dealings with this site,
please contact us at:
support@gupshup.io
17. Data protection officer
Our data protection officer can be contacted at
dpo@gupshup.io
