1.2. “Customer” shall mean the legal entity which executes a Customer Agreement with GMAC in order to access and/or avail of the Services;
1.3. “Customer Account” shall mean a Customer’s account created by GMAC for enabling access to the Services;
1.4. “Customer Agreement” shall mean the agreement executed between GMAC and the Customer;
1.5. “Data” means the Personally Identifiable Information and/or Sensitive Personal Information that GMAC obtains when it (a) collects such information from the Customer and/or End User when they use the Application, or (b) collects such information automatically when the Customer and/or End User use the Application; However Data shall not include Metadata or any data which is not Personally Identifiable Information or Sensitive Personal Information.
1.6. “End User” shall mean a user accessing the Application through services provided by the Customer or a user whose Data is collected by GMAC through its Services and shall include a user who accesses the Website;
1.9. “Metadata” shall refer to any set of data generated as a result of providing the Services, that gives information regarding other data (whether the same is processed or unprocessed);
1.10. “Raw Data” shall refer to any data (excluding Metadata) collected and stored by GMAC, but not otherwise processed, as a result of providing the Services;
1.11. “Personally Identifiable Information” means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, can identify such person;
1.12. “Sensitive Personal Information” shall have the meaning ascribed to it under Rule 3 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011;
1.14. “Website” shall mean the website operated by GMAC accessible at gi4all.web.app.
3. Data that we collect
3.1. The Data we collect from you includes but is not limited to the following:
(a) Name and contact data: This can include your first name, last name, email address, postal address, phone number or any other similar data;
(b) Credentials: Passwords, password hints, and similar security information used for authentication;
(c) Subscription and license data: Data about any subscription, plan or other features that you have selected related to the Application;
(d) Data automatically collected: During your usage of the Application, GMAC will be collecting the following Data automatically:
(i) Data about your device, including information about your device’s hardware and software, error reports, and troubleshooting and help data;
(ii) Location data: We collect the details of your device’s location using any Global Navigation Satellite System (for example, GPS) or using any other technology that will enable us to collect your location;
(e) We may collect images and videos and information relating to images or videos, such as patterns associated with images or videos for facial recognition of End Users (“Facial Data”). However, no Facial Data is stored by us without the End User’s consent.
(f) We may collect Raw Data in the process of providing the Services, which may contain Personally Identifiable Information.
4. Your Billing Information
5. Retention of Data
6. Sharing/ transferring your Data
6.2. We may share anonymized or aggregated data we collect from the use of the Services, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access the Services, market trends and other analysis that we create based on the information we receive from you and other users.
6.4. GMAC may disclose the Data to its employees, service providers and third-party consultants for determining deviations in standard operating procedures or in order to improve its Services or the Application.
6.5. GMAC may share your Data in various situations including but not limited to the following conditions:
(ii) When we believe in good faith that disclosure is necessary to protect our rights or property; or
(iii) To protect your rights and safety; or
(iv) To investigate fraud or respond to a government, judicial or other legal requests; or
(v) To comply with any applicable law.
7. Data Protection Measures
7.1. We maintain organizational, physical and technical security arrangements for all Data we hold, including maintaining security of your information as per the ISO 27001 on ‘Information Technology Security Techniques Information Security Management System Requirements’. We adopt market leading security measures to protect your Data.
7.2. We review the information collection, storage and processing practices, including physical security measures, to continually guard against unauthorized access to our systems.
7.4. We will adopt all requirements necessary for the protection of your Data as required by applicable law.
7.5. Notwithstanding what is stated above, you should understand that the open nature of the internet is such that information and data flows over networks connecting user to our systems without security measures and may be accessed and used by people other than those for whom the data is intended and GMAC shall not be liable to you for any such loss of your Data.
8. How you can opt out of Marketing Communications and other non-essential communications
8.1. If you wish to opt out of receiving non-essential (promotional, marketing-related) communications from us, after setting up a Customer Account, you may choose to do so by making such preference changes within the Application, or write to us at email@example.com.
9. Cookies and data analytics
9.2. We may use third party cookies to track visitor behaviour and to improve the quality of the Application. However, such cookies will not store any kind of Data, nor will such information be disclosed to any third party.
9.3. These cookies are intended to be automatically cleared or deleted when you stop accessing the Website or using the Application. Users have a variety of tools to control cookies, web beacons and similar technologies, including browser controls to block and delete cookies and controls from some third-party analytics service providers to opt out of data collection through web beacons and similar technologies. Note that if you opt-out of such data collection it may impact your experience with our Services.
9.4. The information we collect with cookies is not sold, rented, or shared with any third parties, other than for (a) internal development and maintenance of the Application, (b) enhancing your experience with the Services, (c) providing custom, personalized content and information, including relevant advertising in the course of providing the Services.
9.5. Notwithstanding anything mentioned in Clauses 9.1 to 9.4 above, GMAC will routinely analyse your Data to help improve the way we run our business and the Application. We use your Data for data analytics, particularly to understand how our Services are used. We use Google Analytics, a service provided by Google, Inc. (“Google”), to gather information about how users engage with our Website and the Application. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
10. How will GMAC use your Data
10.1. We use this information to:
(i) provide you the Services and to maintain, manage and improve the Application and Services;
(ii) send you notifications and communicate with you;
(iii) provide you with customer support including technical support and troubleshooting;
(iv) protect you and conduct security investigations and fraud and abuse analysis;
(v) comply with our legal obligations, for example when assisting governments and law enforcement agencies or regulators (as may be required by applicable law);
(vi) improve the safety and reliability of the Application. This includes detecting, preventing, and responding to fraud, abuse, security risks, and technical issues that could harm the Application, you, our users, or the general public;
(vii) analyse data, tracking trends, building algorithms and source code, creating databases for rating systems, recommendations engines, etc.;
(viii) to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of the Terms of Service and/or the Customer Agreement, or as otherwise required by applicable law;
(ix) to conduct internal and external audits and quality assessment procedures; and
(x) to comply with applicable law.
11. Third party links
11.1. The Application may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of GMAC. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
11.2. GMAC does not intend the Linked Sites to be referrals to, endorsements of, or affiliation with the linked entities.
12. Governing Law and Dispute Resolution
12.1. This Agreement shall be governed by the laws of India.
12.3. The seat of the arbitration will be Delhi and the language of the arbitration shall be English.
12.4. Each party shall bear their own costs and expenses incurred in connection with the arbitration proceedings, unless otherwise awarded by the arbitrator in the arbitral award.
12.5. Nothing herein shall preclude either party from seeking interim or permanent equitable or injunctive relief, or both, from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue any remedy for monetary damages through the arbitration described in this Clause 12.
13. Grievance Officer