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PRIVACY POLICY

A. PRIVACY STATEMENT

Bigyellowfish Technologies Private Limited is a private limited company with its registered office at Chennai, Tamil Nadu (“Company”, “BYF” "We", "Us", "Our" and terms of similar meaning) operating www.bigyellowfish.io, and/or, mobile applications supported by Android and IOS and features and content etc. (“Platform”). The Company has developed a web based product and the mobile based application supported by Android and IOS and features and content, which is a wellness product containing certain functionalities and features (“Product”). We are committed to protecting Your privacy in connection with your use of our Product.

BYF is an enterprise application platform that integrates employee wellbeing, microlearning and collaboration into the flow of work to minimise human error, save costs and increase productivity. The Product is an enterprise product and the organisation is provided a code & link for internal circulation, the organisation shall provide this code to its employees. The Employees who log on to the Platform shall be termed as (“End Users”) to access the functionalities provided by the product. These terms shall be applicable to the organisation, the End Users and any person accessing the Platform.

This Privacy Policy is intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with regard to the Processing of Personal Data and on the Free Movement of such Data (hereinafter referred to as the “General Data Protection Regulation” or “GDPR”) in so far as Our Services result in collection and/or processing of Personal Information (as defined hereinafter) of users who are in the EU and EEA to provide appropriate protection and care with respect to the treatment of such Information in accordance with the GDPR.

The Product includes, without limitation, the following aspects (collectively, the “Services”):

  • Access to the Product and its functionalities to record and track the mood of the individual. In the event You are accessing the Product under a corporate package client a company code will be provided to You.
  • Various functionalities to a corporate client and an individual on the Product as provided from time to time.

By using our Product, you (such End User shall hereinafter be referred to as “You”, “Your” as applicable) accept this privacy policy along with any amendments or modifications as may be made from time to time (“Privacy Policy”) and thereby expressly consent to our collection, use and disclosure of Personal Information (as defined below) in accordance with this Privacy Policy. If You do not wish to provide any Personal Information or any of the information as set forth in Section B below, You are not entitled to use this Product or avail of the services provided by the Product (“Services”). This Privacy Policy is incorporated into and subject to our Terms & Conditions (“Terms”) available at bigyellowfish.io/terms.

We reserve the right to modify this Privacy Policy at our sole discretion without notice. To make sure You are aware of any changes, please review this Privacy Policy periodically. You will be deemed to be governed by the terms of the modified Privacy Policy as may be amended from time to time.

Please feel free to direct any questions or concerns regarding this Privacy Policy by contacting us through this Product or by writing to us at support@bigyellowfish.io.

B. TYPE OF INFORMATION COLLECTED

  1. In order to provide our full range of Services, we may collect the following types of information from You (as applicable), with Your clear and affirmative consent, including but not limited to:
    1. Your employee ID;
    2. Age;
    3. Name of the vessel;
    4. Role/Designation; and
    5. all notes and inferences created during or post the usage of the Product in respect of the particular End User
    (collectively referred to as “Personal Information”).You can withdraw Your consent for the Personal Information, at any time on request by writing to support@bigyellowfish.io.
    You agree and acknowledge that BYF shall appoint certain third party vendors and service providers to provide services such as messaging and teleconferencing services, such third party service providers shall have access to Your Personal Information, End User Personal Information which may be recorded by such third party service providers as required under the applicable law. Such third party service providers shall restrict access to Your Personal Information, End User Personal Information from all its employees, officers, agents etc. Further, the Company shall not have any access to such Personal Information recorded by the third party service providers and shall ensure that the consultants, employees, officers or agents of the Company are not provided any access to such Personal Information stored by the third party vendors. In any event, BYF shall not be held liable for any breach of confidentiality obligations by any third party service providers as mentioned above or the breach of this Privacy Policy.
  2. Non-Personal Information: When You visit the Product, we may collect certain non-personal information such as Your internet protocol address, operating system, browser type, and internet service provider. This type of information does not identify You personally.
  3. Automatic Information - We receive and store certain types of information whenever You access our Product. We use "cookies" (small file containing a string of characters that uniquely identifies Your browser) and we obtain certain types of information when Your web browser accesses the Product or advertisements and other content served by or on behalf of BYF on other websites. These server logs may include information such as Your web request, Internet Protocol address, browser type, browser language, the date and time of Your request and one or more cookies that may uniquely identify Your browser. We use cookies primarily for user authentication but may also use them to improve the quality of our Service by storing user preferences and tracking user trends. The Product uses Google Analytics code to gather statistical information. Google Analytics sets cookies to help us accurately estimate the number of visitors to the Product and the volumes of usage of the Product.
  4. Mobile: When You download or use our Product through Your mobile, we may receive information about Your location and Your mobile device, including a unique identifier number for Your device. We may use this information to provide You with Services if required. We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the Product, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We may link the information we store within the analytics software to any personal information you submit within the mobile application.
  5. User communications - When You send emails or other communications to us, we may retain those communications in order to process Your inquiries, respond to Your requests and improve our Services.
  6. For individuals using the Product in connection with a corporate client account as described in this Privacy Policy, business information such as Your company name, and company email address and other data on the Product.
  7. Facebook profile information, such as name, email address, and Facebook ID, if You choose to log in to the Product through Facebook.
  8. Device Information such as operating system version, device type, and system performance information.
  9. Information collected via tracking technologies, as fully described in this Privacy Policy.
  10. If You choose to invite a friend to use the Product using our system, we will ask You for their name and email address. We will use this information to invite him or her to join the Product. We store this information for the sole purpose of sending invitations and tracking the success of our Product. If your friend would like us to delete his or her information, they can do so by opting-out as described in each invitation or by contacting us.
  11. We gather certain information and automatically and store it in log files. This information may include Internet Protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.

C. RIGHTS OF THE END USERS

Under the GDPR, You have the following rights with respect to Your Personal Information:
  1. Right to be informed: You have the right to be informed about what information is being collected, and how it is being used.
  2. Right of access: You have the right to access and receive a copy of Your data.
  3. Right to rectification: You have the right to correct any inaccurate data, or complete any incomplete data.
  4. Right to erasure: You have the right to request the erasure of your data, under the following circumstance:
    1. The data has been collected or processed in contravention with relevant laws;
    2. The data is no longer required for the provision of Services;
    3. You wish to withdraw your consent for the use of Your data; or
    4. Such erasure is necessary for compliance with any laws in force at the applicable time and jurisdiction.
  5. Right to restrict processing: You have the right to request us to restrict the use of the data You have provided, but continue to retain it in our database.
  6. Right to data portability: You have the right to request a copy of Your personal data for personal use and/or to have their personal data transmitted to another party.
  7. Right to object to processing: You have the right to object to the processing of Your personal data in certain circumstances such as for direct marketing purposes.
  8. Rights in relation to automated decision making and profiling: You have the right not to be subject to a decision that is based on:
    1. Automated individual decision-making - Making a decision solely by automated means without any human involvement.
    2. Profiling - Automated processing of personal data to evaluate certain things about an individual.
  9. Depending on the circumstances and the nature of Your request it may not be possible for Us to do what You have asked, for example, where there is a statutory or contractual requirement for Us to process Your data and it would not be possible to fulfil Our legal obligations if We were to stop. However, where You have consented to the processing, You can withdraw Your consent at any time by emailing the Data Protection Officer. In this event, We will stop the processing as soon as such processing is no longer necessary for the provision of the Services.
  10. If You want to exercise any of the rights described above or are dissatisfied with the way we have used your information, please contact the Data Protection Officer. We will seek to deal with your request without undue delay, and in any event in accordance with the requirements of the GDPR. Please note that We may keep a record of Your communications to help us resolve any issues which You raise.
  11. If You remain dissatisfied, You have the right to lodge a complaint with the Information Commissioner's Office at the ICO website.

D. USE OF INFORMATION:

We process the Personal Information and all other information provided by You in any one or more of the following manner:

  1. To process Your request for Services,
  2. For providing Services, We may disclose Your Personal Information to End User(s) and/or other registered business partners (as applicable).
  3. BYF’s and/or business partners/users shall be entitled to process the Personal Information in accordance with this Privacy Policy and as permitted by the applicable law;
  4. To fulfil requests for Services;
  5. To improve our Services;
  6. To enforce our Terms;
  7. To contact You;
  8. To avoid fraud and other prohibited or illegal activities;
  9. To protect the security or integrity of the Product, Our business, Services and users;
  10. To customise our communication with You and the marketing material we share with You;
  11. To publish any testimonials or reviews that You may have provided on the Product;
  12. To contact any person You may have enlisted as a friend for reference purposes;
  13. To provide your organisation with access to a simplified dashboard with organisation-wide anonymized data to better understand key aspects like mood patterns & contributing reasons, sleep hours and survey/assessment results across board.
  14. To Comply with Legal Requirements: We may disclose Personal Information, in good faith, wherein the access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of BYF, its users or the public as required or permitted by law; and
  15. Additionally, in the event of a audit, reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Our business, assets or stock (including in connection with any bankruptcy or similar proceedings), we may share/transfer/assign the Personal Information we have collected to the relevant third party.
  16. To prepare reports and provide to the corporate clients.
  17. If You sign up to receive email newsletters or promotional materials from us We will use the information You give us to provide the communications You have requested. If You inform Us that You wish to cancel email newsletters or promotional materials by selecting unsubscribe at the bottom of such communication. If you no longer wish to receive push notifications, you may turn them off at the device level.
  18. To allow you to participate in interactive features of the Platform , when you choose to do so.
  19. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
  20. In the event you are using the Product under a corporate package or client you will be registered to use the Product through a code or other registration credential furnished by a corporate, the concerned corporate will have access to your name and the date you registered to use the Product and will have access to your usage information on an aggregated basis with all other members of the concerned corporate that are using the Product. Further the information submitted by you may be used to created statistical reports and aggregated analytics to your concerned corporate.
We shall be entitled to retain Your Personal Information and all other information provided by You for our record for a period of 5 (five) years after the deletion of Your Account with us and such Personal Information shall be used by us only in consonance with this Privacy Policy.

E. UPDATING YOUR INFORMATION

You may update or modify Your Personal Information and all other information provided by You. To delete Your registered account, please email us at support@bigyellowfish.io. Requests for such deletion will be handled within 30 days and such deletion will be effective from the date of communication of confirmation of such deletion by Us to You. Upon access to the Product, the End User is required to accept or dissent to these terms. If You do not provide your consent, then this Product shall not be accessible to you. Eg. Push Notification service will not be delivered to You. In the event You wish to withdraw your consent, you may write to us at support@bigyellowfish.io and Your data will be deleted accordingly.

Further, Your employer (the client to the Company may make a request to us to purge or delete Your data by writing to support@bigyellowfish.io. Requests for such deletion will be handled within 30 days and such deletion will be effective from the date of communication of confirmation of such deletion by Us to You.

F. SECURITY

We use reasonable security measures to protect Personal Information from unauthorized access, maintain data accuracy, and help ensure the appropriate use of Personal Information. When the Service is accessed using advanced versions of Internet Explorer , Firefox, or Safari, Secure Socket Layer ("SSL") such technology may protect Personal Information using both server authentication and data encryption. These technologies help ensure that Personal Information is safe, secure, and only available to You and those to whom You have granted access including but not limited to us, our business partners and authorised third parties. We host our Product in a secure server environment that uses firewalls and other advanced technology to prevent interference or access from outside intruders.

  1. Account Security: You are responsible for maintaining the security and confidentiality of Your user ids and passwords including any corporate codes and passwords as may be provided to you while accessing the Product either as a End User (“End User Account”). You acknowledge that neither the Company nor any of its directors, shareholders or other representatives shall be liable to You under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages that result from or arise out of, or a breach or, or compromise of registration of Your End User Account with us and/or Your ability or inability to use the End User Account .

G. THIRD PARTY

In addition, the Product may occasionally contain links to Third-Party sites (“Third-Party”). If You click on the links to Third-Party websites, You leave the Product. We are not responsible for the content of these Third-Party websites or for the security of Your information when You use the Third Party websites. These Third-Party service providers and Third-Party websites may have their own privacy policies governing the storage and retention of Your information that You may be subject to. They may collect information such as Your IP address, browser specification, or operating system. This Privacy Policy does not govern any information provided to, stored on, or used by these Third-Party providers and Third-Party websites. We recommend that when You enter a Third-Party website, You review the Third Party website’s privacy policy as it relates to safeguarding Your information. We use third-party advertising companies to serve ads when You visit the Product. These companies may use information (not including Your name, address, email address, or telephone number) about Your visits to the Product and Third-Party websites in order to provide advertisements about goods and services of interest to You. You agree and acknowledge that We are not be liable for the information published in search results or by any Third-Party website.

H. YOUR CONSENT

By using the Product and/ or by providing Your Personal Information and all other kind of information as set forth in this Privacy Policy, You consent to the collection and use of such information including but not limited to Your Personal Information in accordance with this Privacy Policy, including but not limited to Your consent for sharing Your information including but not limited to Your Personal Information as per this Privacy Policy. You specifically agree and consent to us collecting, storing, processing, transferring and sharing information (including Personal Information) related to You with third parties, End-User(s), or to service providers or registered business partner/users or your concerned corporate (in case of a corporate package) for the purposes as set out in this Privacy Policy.

I. GRIEVANCE OFFICER

  • If You have any grievance with respect to the Product or the Services, You can contact our grievance officer at:
    1. Name : Rohan Dhareshwar
    2. Email : grievance@bigyellowfish.io
  • As required under the GDPR, We have appointed a Data Protection Officer who is well versed with the intricacies of the Company’s internal data privacy policies and practices. You can contact the official for any query regarding the same as under:
    1. Name : Kundan Krishna
    2. Email : kundan@bigyellowfish.io
    3. Address : No.13, 2nd Floor, Commissariat Road, Ashok Nagar, Bangalore- 560025, India.

    • Last Revised: November, 2022