A. INTRODUCTION
Welcome to PockyDoc’s Website, which is operated and maintained by PockyDoc Private Limited (for the purpose of these Terms of Use and privacy policy only, PockyDoc Private Limited are jointly referred to as “PockyDoc/Company/We/us/our”). Anyone who uses or accesses this Website or provides any information to us on this Website shall be referred to as “User/You/Your” in these Terms of Use. The following Terms of Use govern your access to and use of this Website. By using this Website, you agree to follow and be bound by the following Terms of Use and any additional terms that may be applicable to this Website as amended from time to time by us. If you disagree with any part of the Terms of Use, then you may choose to discontinue access or use of the Website.
To use and/or access this Website, you should specifically express your consent after carefully reading the following terms and conditions and the accompanying Notice consisting of details about your digital personal data which is to be collected, the purpose of processing that data, your rights and the way in which the rights can be exercised, by selecting the check box against “I agree” and submitting the same on the dialog box that appears as soon as you open this Website.
User should be 18 years of age or above to use and/or access this Website in any manner whatsoever. In case, any individual is under the age of 18 may only access or use this Website under the supervision and with the consent of a parent or legal guardian.
All the information contents and materials available on the Website, are provided on an “as is” and “as available” basis. PockyDoc expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The information on this Website has been included in good faith and is for general purposes only. It should not be relied upon for any specific purpose and no representation or warranty is given as regards its accuracy or completeness. No information on this site shall constitute an invitation to invest or enter into any relationship with PockyDoc or any of its affiliates. Neither, PockyDoc, nor its affiliates or any of their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to or use of this site or any site linked to it, including, without limitation, any loss of profit, indirect, incidental or consequential loss.
B. INTELLECTUAL PROPERTY RIGHTS
Unauthorized copying and use of the contents of this Website may result in violation of the Intellectual Property rights of PockyDoc, who shall be at its liberty to initiate appropriate action against such violator including and limiting to obtaining relief of injunction and seeking compensatory and punitive damages for such violation.
The pictures/ photographs appearing on this Website are proprietary material and owned by PockyDoc. Unauthorized copying and use of the same may result in violation of the Intellectual Property rights of the relevant owners, who shall be at their liberty to initiate appropriate action against such violator including and limiting to obtaining relief of injunction and seeking compensatory and punitive damages for such violation.
“PockyDoc” is a registered proprietary Trademarks of PockyDoc Private Limited. The logo of PockyDoc proprietary Trademark of PockyDoc Private Limited.
C. Privacy Policy
PockyDoc and our operating subsidiaries value and protect your privacy. The objective of this Online Privacy Statement is to explain regarding the private information we collect, use, and share (“Digital Personal Data”, which means any of your data in digital form by or in relation of which you can be identified, including but not limited to your name and your e-mail address etc.) and to explain the privacy choices that you can make and the rights available to you under the applicable laws including but not limited to General Data Protection Regulation(“GDPR”), Digital Personal Data Protection Act, 2023 (“DPDPA”), and Information Technology Act, 2000 and its rules (“IT Act”). The information you share with us will be treated with care on this Website. Please read this Online Privacy Statement before you visit this Website.
D. Modification of Terms
We retain the right to amend, revise, alter, or modify the T&Cs, as well as any policy or guideline of the Website, including the Privacy Policy, at its sole discretion, and without any prior notice to the User. Any amendment, revision, alteration, or modification will take effect immediately upon being posted on the Website, and You waive any entitlement to receive specific notification of such changes or modifications. By continuing to utilize the Website, You acknowledge and agree to be bound by such changes or modifications. Therefore, it is strongly advised to regularly review the T&Cs and relevant policies in order to understand the T&Cs that apply to Your use of the Website.
E. Document Scope
This Policy applies to all business units, processes and systems across the countries in which PockyDoc conducts business and has dealings or other business relationships.
This Policy applies to all team members, directors, contractors, consultants, advisors or any third party service providers that may collect, process, or have access to Digital Personal Data of individual data principals.
F. What information do we collect from this Website?
The information as detailed below is collected by us:
Digital Personal Data: You can freely explore our Website without sharing any personal information. However, we collect your following personal information only in the case when You choose to provide us the same with Your free, specific, informed, unconditional and unambiguous consent, in the following manner:
a) By filling the form under the ‘Contact Us’ section of this website, You provide to us Your Name, Email ID, Phone number and the service in which You are interested in.
b) By subscribing to get regular updates from PockyDoc, You share Your Email id with us.
c) By registering in the Register Now option available under the webinar section of this website for participating in the Webinars hosted by PockyDoc, You provide to us Your Name, Email ID and phone number.
d) By selecting the WhatsApp icon, You initiate a WhatsApp chat with us in respect of Your specific query, thereby providing us Your WhatsApp number.
We may also collect some other information including but not limited to Data available in public domain or received from any third party including social media channels, including but not limited to personal or non-personal information from Your linked social media channels (like name, email address, friend list, profile pictures or any other information that is permitted to be received as per Your account settings) as a part of Your account information.
We collect certain information automatically each time You visit the Website. This may include, without limitation, Your IP address, the type of computer You use, and the web browser You use. An IP address is a number assigned to Your computer when You connect to the Internet. Each time You visit the Website, our web server may automatically recognize (where possible) and collect Your IP address. We may also use “cookies” and “web beacons”. A “cookie” is a small amount of data that is sent to Your browser from a web server and stored on Your computer’s hard drive. Among other things, cookies provide a means for Websites You visit to keep track of Your online patterns and preferences. A cookie will not allow a Website to learn any Digital Personal Data (such as Your real name and address) that You have not otherwise disclosed. “Web beacons”, also known as clear GIFs or single-pixel GIFs, are small image files that we may place on web pages and within web-based email newsletters that we send. Working in conjunction with cookies, Web Beacons allow us to accurately count the number of unique users who have visited a specific page and the number of times those pages are displayed. We can also use web beacons to let us know how many people opened a web-based email newsletter.
If You are visiting this Website from a country other than the country in which our servers are located, Your communications with us will result in the transfer of data across international boundaries. By visiting this website and communicating electronically with us, You consent to such cross-border transfers.
If You feel that Your Digital Personal Data is being collected inappropriately or You want to stop us from having access to Your Digital Personal Data, please notify us at the address mentioned under the head “How to Contact Us”.
G. How do we use the information that we collect?
We may use automatic information to customize Your experience while visiting the Website and to evaluate and improve the design of the Website. We use Digital Personal Data for only the specific purpose for which it was provided to us. For example, we may use Digital Personal Data that You submit when You subscribe to receive information and reports that You may be interested in, and/or to contact You directly about products or services that You may be interested in. We may use Digital Personal Data that You submit to apply for a job for purposes of evaluating your candidacy for any applicable jobs with us. We may also use Digital Personal Data to send You e-mails about the Website, respond to e-mails, provide customer support, and other similar matters.
We may use the collected information for marketing, promotional communications, announcements and wishes. We respect Your privacy and are committed to ensuring that You receive only the communications You want. We will never send You unsolicited promotional communications. Promotional electronic communications will be sent to You only if You have willingly subscribed and/or consented to receive them. These promotional communications may encompass periodic newsletters, or emails regarding new services and/or offerings and their specifications and exclusive offers from us. Communications may also include wishes on your birthday/anniversary.
You have the right to opt out of receiving electronic communication from us anytime:
a) by either contacting our Data Protection Officer using the provided contact information; or
b) by utilizing the “unsubscribe” link found in Our electronic promotional communication.
We may use non-Digital Personal Data (automatically collected information such as cookies and web beacons) to help us run and maintain the Website, study traffic patterns and generally learn about the usage of the Website. We may also use such information for purposes of system administration, to improve the design and content of the Website, and/or to enable us to personalize your Internet experience.
Except as provided in this Privacy Policy, (a) we do not sell, rent, or trade with unaffiliated third parties any Digital Personal Data that you provide to us through the Website, and (b) we do not share such information with third parties.
We may disclose Digital Personal Data in special cases when we have reason to believe that disclosing such information is necessary to identify, contact, or bring legal action against someone who may have breached the terms of this Website or who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of the Website, or anyone else who could be harmed by such activities. We may disclose Digital Personal Data if we reasonably believe such disclosure is required to comply with applicable laws, regulations, legal processes, or governmental requests.
We may acquire, sell, or change our affiliation with independent chapters or other organizations, or engage in other business purchases, sales, or affiliations. In such transactions, Digital Personal Data is sometimes one of the transferred business assets, but remains subject to any pre-existing Privacy Policy. Also, in the unlikely event that some or all of our assets are sold, Digital Personal Data may be one of the transferred assets. The processing, use, retention, and/or sharing of the Digital Personal Data in all such situations of transfer will strictly be limited to the purpose for which You have provided it in the first place. We may disclose non-personally identifiable information in aggregate form to third parties, including, without limitation, advertisers and business partners.
H. What are Your rights under applicable data protection laws?
When we process Digital Personal Data about You, we do so with Your consent and/or as necessary to provide the Website You use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfil other legitimate interests of PockyDoc as described in this privacy policy.
Below, You will find additional privacy information that You may find important. PockyDoc adheres to applicable data protection laws within India, including GDPR in the European Union, which includes the following rights:
i. You have a right to correction, completion, and updation of Your Digital Personal Data that You have provided us;
ii. You have a right to withdraw consent at any time for future processing, retention or deletion of Your Digital Personal Data by us by contacting us at the contact information provided on this website;
iii. You have a right to demand to know how Your Digital Personal Data is being processed;
iv. You have a right to request us to rectify Your Digital Personal Data;
v. You have a right to nominate in case of death or incapacity;
vi. You have a right to access Your Personally Identifiable Information;
vii. You have a right to request us that Your Personally Identifiable Information be erased;
viii. You have a right to object to the processing of Your Personally Identifiable Information; and
ix. You have a right to grievance redressal and to lodge a complaint with a data protection authority.
x. What are your duties as User?
xi. You will not suppress any material information while providing personal data for any document, unique identifier, proof of identity or proof of address;
I. User’s Obligations:
i. The following are the obligations which User must adhere to at all times: You will not register a false or frivolous grievance or complaint to us;
ii. You will furnish only information which is verifiably authentic;
iii. You will comply with the provisions of all applicable laws for the time being in force within India; and
iv. You will not impersonate another person while providing Your personal data for a specified purpose.
Do you have a choice as to whether to provide information to us?
You can choose not to provide Digital Personal Data to us. All of the information available on this website is public and can be accessed without providing any personal data. However, if you choose not to provide your Digital Personal Data in the ways as mentioned in this Privacy Policy, you may not be able to:
i. get in contact with us,
ii. get regular updates, announcements or promotional offers,
iii. participate in webinars,
iv. get Your queries addressed on WhatsApp.
Additionally, most browsers can be configured to reject cookies or alert you when cookies are being sent. However, if You refuse to accept our website cookies, it is possible that some portions of the Website may not function as intended.
CONTINUED USE OF THE SERVICES AND WEBSITES CONSTITUTES YOUR FREELY GIVEN, SPECIFIC AND INFORMED CONSENT AND AGREEMENT TO YOUR PERSONAL DATA BEING PROCESSED PURSUANT TO THIS POLICY.
[You can choose to opt-out at any time including whenever Your Digital Personal Data is (i) to be disclosed to a third party or (ii) to be used for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by the individuals.]{.mark}
If You choose to opt-out, please contact us via email at [privacy@pockydoc.com]{.underline}. In such an event, You will be only able to access public areas of the Website and may be limited in the use of PockyDoc’s sites. In certain cases, limiting the use and disclosure of Your personal data may impact functionality or prevent the use of PockyDoc products or services.
J. Cookie opt-out
If you do not wish to participate in any of PockyDoc’s online measurement, please click here to receive an opt-out cookie. PockyDoc’s Websites and systems are cookie based, so for the opt-out to work for You, Your browser must allow third party cookies. Also, You can set Your browser to warn You before accepting them and refuse the cookie(s) when Your browser warns You, or You can set Your browser to refuse all cookies from the Website (or certain parts of the Website), and/or You can delete cookies received from the Website using Your browser, for instance. Cookie handling instructions vary depending on the particular browser being used, and PockyDoc does not assume responsibility for any undesired results arising from altering Your browser’s cookie handling settings.
K. How do we protect the security of Your information?
We maintain physical, electronic and procedural safeguards to reduce the risk of breach and unauthorized access to Digital Personal Data. We have implemented the international Standard IS/ISO/IEC 27001 on “Information Technology - Security Techniques - Information Security Management System - Requirements”-standard security safeguards designed to protect the Digital Personal Data that you may provide. We also periodically monitor our system for possible vulnerabilities and attacks, consistent with industry standards.
We have implemented commercially reasonable security measures to safeguard the personal information collected from Users. Notwithstanding these efforts, the User acknowledges and accepts that no security system is entirely immune to vulnerabilities. We expressly disclaims any warranties or guarantees of absolute security. The Website and its systems may remain susceptible to unauthorized access, hacking, data loss, or other forms of security breaches.
The User further acknowledges and agrees that it is their sole responsibility to take appropriate precautions to protect their personal information. We shall not be held liable for any unauthorized access, data breaches, hacking incidents, or data loss, whether arising directly or indirectly in connection with, or in relation to the use of this Website. The User agrees to access and use the Website entirely at their own risk and shall bear full responsibility for any consequences arising therefrom.
If we learn of a security system’s breach, then immediately upon knowledge, we will notify You and the Data Protection Board electronically so that You can take appropriate protective steps. We will provide You a description of such breach as per the provisions of applicable law, along with the safety measures that You can take. PockyDoc may post a notice on the Website if a security breach occurs. We may also send an email to You at the email address You have provided to us in these circumstances. Depending on where You live, You may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) You should notify us.
L. How long do we retain Your Digital Personal Data?
Unless retention is necessary for compliance with any law, PockyDoc will erase Digital personal Data upon You withdrawing Your consent or as soon as it is reasonable to assume that the specified purpose is no longer being served, whichever is earlier.
M. Limits to Your Privacy
Our Website may contain links to external websites, including but not limited to PockyDoc Global website [(please enter domain)]{.mark}, and areas where You can provide information to third parties. You will receive a notification stating that you are being directed to a third party website, seeking Your approval to direct You to the same. You will be allowed to access such websites only upon You agreeing to be directed to such third party websites. These links are provided for Your convenience only, and we do not have control over the content or privacy and security practices and policies of such third parties or third-party websites. Any Digital Personal Data You provide in such areas, and on such linked pages is provided directly to that third party and is subject to that third party’s privacy policy. Please learn about the privacy and security practices and policies of external websites and third parties before providing them with Digital Personal Data.
N. Indemnification and Limitation of Liability:
i. Your breach of the T&Cs related to the use of the Website.
ii. Claims made by any third party due to or arising out of your use of the Website, including but not limited to any content, user content, or third-party content provided by you.
iii. Any claim that any content, user content, or third-party content provided by you caused damage to a third party.
iv. Your violation of any rights of another user, including intellectual property rights.
PockyDoc may notify you of any claims for which you shall be liable to indemnify PockyDoc. You will be required to consult with PockyDoc regarding the course of action to be undertaken in defending such a claim. Additionally, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of PockyDoc without the express prior written consent of PockyDoc, which can be withheld or denied, or conditioned by PockyDoc in its sole discretion.
i. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Website.
ii. Any interruption or errors in the operation of the Website.
i. Loss of use, data, or profits, whether or not foreseeable.
ii. Damages arising from any theory of liability, including breach of contract or warranty, negligence, or other tortious action.
iii. Any other claim arising out of or in connection with your use of or access to the Website, services, content, user content, or third-party content.
PockyDoc’s entire and aggregate liability to you under and in relation to these T&Cs or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) to which the cause of action for the liability relates.
O. Miscellaneous Terms:
i. These Terms and Conditions (“T&Cs”) and any disputes arising out of or in connection with the Website shall be governed by and construed in accordance with the laws of India. The User and PockyDoc are hereby collectively referred to as “Parties” hereafter.
ii. Any conflicts of law principles that would result in the application of the laws of any other jurisdiction are expressly excluded.
iii. Any dispute, controversy, or claim arising out of or relating to the Website or these T&Cs, including their formation, interpretation, validity, performance, or termination, shall be subject to the exclusive jurisdiction of the competent courts at New Delhi.
iv. The parties agree that the courts at New Delhi shall have exclusive jurisdiction over all disputes arising in connection with the Website or these T&Cs.
v. The parties hereby submit to the personal jurisdiction of the courts situated in New Delhi and waive any and all objections to the exercise of jurisdiction over them by such courts.
vi. Notwithstanding the foregoing, PockyDoc shall be entitled to seek injunctive or other equitable relief from any court of competent jurisdiction to prevent or halt the violation of intellectual property rights, unauthorized access to the Website, or any other misuse of the Website.
The provisions of these T&Cs that by their nature should survive termination or expiration shall survive and remain in full force and effect, including, but not limited to, provisions related to intellectual property rights, confidentiality obligations, limitation of liability, and dispute resolution provisions.
If any provision of these T&Cs is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law. The parties shall negotiate in good faith to replace the invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that reflects the original intent of the parties.
The failure of either party to enforce any provision of these T&Cs shall not be deemed as a waiver of that provision or the right to enforce it. Any waiver of any provision must be in writing and signed by the party granting the waiver. A waiver of any provision shall not be construed as a waiver of any other provision or a continuing waiver of the same provision in the future.
The relationship between PockyDoc and the Users is that of independent parties. Nothing in these T&Cs shall be construed to create a partnership, joint venture, employment, or agency relationship between PockyDoc and the Users. Neither party shall have the authority to bind the other or incur any obligation on behalf of the other party.
These T&Cs, including any additional terms and conditions or policies provided by PockyDoc, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.
PockyDoc shall not be liable for any failure or delay in the performance of its obligations under these T&Cs due to events beyond its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, strikes, lockouts, or government actions.
The Website may contain links or references to third-party websites or resources. PockyDoc does not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites. Users acknowledge and agree that PockyDoc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party websites.
Any notice or communication required or permitted under these T&Cs shall be in writing and sent to the respective party’s address or email address provided by the party. Notices shall be deemed effective upon receipt via email or three (3) business days after being sent by registered mail, whichever is earlier.