Wagr legal documents

1. DEFINITIONS

The Parties (namely MobiusWorks Private Limited and the User) to this Privacy Policy hereby unconditionally agree that unless the context otherwise requires, the terms listed below when used in this Privacy Policy shall have the meanings attached to them and these terms shall be interpreted accordingly. The terms listed below as used in this Privacy Policy may be identified by the capitalization of the first letter of each principal word thereof. In addition to the terms defined below, the meanings of the terms defined in the Terms of Use as well as the Device Agreement executed between the User and the Company shall be made applicable mutatis mutandis to this Privacy Policy:

“Aggregated Collected Information” shall have the meaning ascribed to it in Clause 3.8.

“Approved Third Parties” shall mean any and all Persons which the User has explicitly and/or by conduct approved to get access, in whole or in part any and all parts of the User’s access to the App and/or the Service.

“Collected Information” shall have the meaning ascribed to it in Clause 3.1.

“Non-Aggregated Collected Information” shall have the meaning ascribed to it in Clause 3.3.

“Pets’ Data” shall include the name, breed, any other personal identification of the Pet, health reports and/or any other information that is collected by the Company through the App, whether or not the connected to the Service.

“Public Information” shall mean any information that is available to anyone on or off our Service and/or App and can be seen or accessed through online search engines, APIs, and offline media, such as on TV or YouTube.

“Service” shall mean any and all services that the Company makes available using the Device, the App or otherwise..

“Third-Party Partners” shall include any and all persons, body corporates and/or entities with whom the Company has entered into a contract with any and all matters which are connected to the Service either directly or indirectly.

“Usage Patterns” shall include the frequency of use of the App and/or Service of the User, the information about the physical activity of the Users as well as Pets of various Users in aggregated form (whether or not located in a particular geographical location), frequency and nature of usage of each User of any and all of the Services made available through the app, and the overall costs incurred by the User.

“User” shall mean any legal natural person using the device, service, website and/or App provided by the company.

“User Data” shall include the Name, e-mail ID, Phone Number and/or any other information that is collected by the Company through the App, whether or not the connected to the Service.

“Wagr Pack” refers to a group of people within the App who have been granted collective access to the part of the Service by the User.

2. INTERPRETATION CLAUSE

In this Privacy Policy, except to the extent that the context otherwise requires:

2.1. References to a statute, ordinance or other law shall be deemed to include any references to a statute, ordinance or other law as amended, supplemented or replaced from time to time in accordance with its terms and (where applicable) subject to compliance with the requirements set forth therein and shall include regulations and other instruments under such statute, ordinance or other law;

2.2. References to Clauses, are reference to clauses in this Privacy Policy unless the context requires otherwise and the recitals to this Privacy Policy shall always be deemed to form part of this Privacy Policy.

2.3. The headings are inserted for convenience only and shall not affect the construction of this Privacy Policy;

2.4. The masculine gender includes the feminine gender and vice versa.

2.5. In the context of this Privacy Policy, the Parties agree that their respective rights and obligations under this Privacy Policy shall be interpreted, acted upon and governed in accordance with the terms and conditions of this Privacy Policy.

3. DATA COLLECTION AND STORAGE

3.1. The Company shall collect and store the following information (“hereinafter referred to as “Collected Information”):

3.1.1. Activities of all the User and/or his Pet and the information provided by him, including but not limited to their respective locations.

3.1.2. The User’s network and connections.

3.1.3. Device information of the User.

3.1.4. Information from the third-party partners.

3.1.5. Any preferences by the User in relation to utilization of any and all features of the App and/or Service.

3.1.6. Physical activities of Pet including but not limited to the sleeping patterns, the physical motions and distance covered in a particular period, etc.

3.1.7. All the data that the User may provide willingly through the App, including but not limited to e-mail, phone number, address, etc.

3.2. The Company shall use Collected Information for the following reasons:

3.2.1. Share the Collected Information with the User

3.2.2. Provide, improve, develop the Service and/or the App

3.2.3. Communicate with the User in a more efficient and effective manner

3.2.4. To promote safety and security with the User and/or his Pet

3.2.5. For better User experience

3.2.6. For displaying and measuring the services rendered through the App

3.2.7. For research and data analytics and formulating business intelligence.

3.2.8. For communicating to the User about the latest marketing information about the Service and/or the App, including but not limited to offers and promotions that can be availed by the User.

3.2.8. For formulating and streamlining future line of services and products.

3.3. The Company reserves the right to share the Collected Information which can be used for personal identification of any User and/or his pet (hereinafter referred to as “Non-Aggregated Collected Information”) only in the following instances:

3.3.1. When a User is tracking his Pet, the location specific information about his request to any third-party that the User deems fit, along with any additional information.

3.3.2. When a User in his discretion shares any Pet Activity with any third person.

3.3.3. If a particular service or a part of such service is availed by the User through the App which is primarily performed by any third-party, to such third-Party.

3.3.4. If required under applicable law or for a bona fide purpose to facilitate a judicial proceeding.

3.3.5. In case of violation or perceived violations of any of these clauses in the Privacy Policy, this policy and/or any other policies of the Company.

3.3.6. In case of violation of any third-party rights, including but limited to that of a third-party Service Provider.

3.3.7. In case of change of ownership of Company, to such new owner.

3.4. The User understands, acknowledges, affirms and agrees that the company shall reserve the right to share the data collected from the device, which shall include but not be limited to data relating to real time location, saved locations like home and/or safe zone, and/or activity monitoring data, to third-party for the purposes laid down in Clauses 3.2 and 3.3.

3.5. Notwithstanding anything contained herein, the Company shall not commercially exploit any Non-Aggregated Collected Information by sharing it with any third-party, without the consent of the User.

3.6. The User understands, acknowledges, affirms and agrees that the Company reserves the right to make available Aggregated Collected Information to third-parties for commercial use, including but not limited to aggregated user preference data collected on the App as well as their collected Usage Patterns.

3.7. Notwithstanding anything contained herein, the Company does not hold and/or otherwise have access to any payment related information about the User, including but not limited to any prepaid wallets, debit cards and/or credit cards. For clarification of doubt, nothing in this section shall be applicable to the storage of transaction related information in the App.

3.8. The Company reserves the right to share the Collected Information which cannot be used for personal identification of any User (hereinafter referred to as “Aggregated Collected Information”) to any third-party and includes any information which is fetched on an individual basis from any User which maintains anonymity (including all process that require pseudonymization). For the purpose of clarity to this clause Aggregated Collected Information does not include Public Information.

3.9. The Company does not take any responsibility for misuse of the Public Information on or off the App.

3.10. The User grants the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property in relation to any information (including but not limited all information in relation to the Pet) and/or content that is shared by the User on or off the App in connection with the Service. The license shall persist even after the deletion of such information and/or content from the App in case the Company has backed up the data for requirement under applicable law or for the purposes laid down and those incidental thereto in Clauses 3.1, 3.2 and 3.3 in pursuance of Clause 3.15.

3.11. The User understands, acknowledges, affirms and agrees that the Company uses third-party analytics tools in relation to the Service and shall be subject the cookie policy as may be applicable in relation to such third-party.

3.12. The User understands, acknowledges, affirms and agrees that the Company uses third-party servers in relation to the dissemination of its Service and has no control over the any deficiency of service and/or downtime in relation to the same.

3.13. The User understands, acknowledges, affirms and agrees that the Company has adopted reasonable security procedures and processes that are in accordance with industry standards and shall not be liable for any security breach for circumstances beyond the control of the Company and/or by any external targeted cyber-attack.

3.14. The User understands, acknowledges, affirms and agrees that the Company provide links to or compatibility with other websites or applications including but not limited to Google Accounts, Facebook, etc. as part of the Service. However, the Company shall not be responsible for the privacy practices employed by those websites or the information and/or content they contain. This Privacy Policy applies solely to information collected by the Company through the Website and the App. Therefore, this Privacy Policy does not apply to the User’s use of a third party website accessed by selecting a link on the Company Website and/or via App. To the extent that User access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to User access or use of that site or application. The Company encourage the Users to read the privacy statements of other websites before proceeding to use them.

3.15. Subject to the Clauses of this Policy the User allows the Company to retain any and all information that he has shared with the Company, on or off the App, in both aggregated and non-aggregated form in perpetuity from the date of such information being provided to the Company. At the instance the User wants the Company to delete any Non-Aggregated Collected Information which pertains to him, he should communicate to the Company in writing in relation to the same, and the Company shall remove any such information within 30 days from the date of receipt of such written intimation. For clarification of doubt, nothing in this Clause shall mandate the Company to remove any Aggregated Collected Information.

4. USER RIGHTS AND LIABILITIES

4.1. The User understands, agrees, affirms and acknowledges that at the risk of the User, notwithstanding anything contained herein, the User shall have the right to share the personal details of the Pet and the App data pertaining to the Pet including but not limited to the data shared through Wagr Pack feature, with Allowed Third Parties.

4.2. Notwithstanding anything contained herein, if the user uploads content and/or is found to carry out any activity which is deemed to be a misuse of the device, service, website and/or App, harmful conduct towards others in the sole discretion of the Company, the Company reserves the right to take appropriate action against the user, which shall include but not limited to removing such content, blocking access to certain features, disabling account, contacting appropriate law enforcement agencies or any other remedy that the company may deem fit.

4.3. Notwithstanding anything contained herein, the User shall be solely liable for the misuse of the information of the other Users available through the App, whether or not in pursuance with the Services

5. ADVERTISEMENTS, PROMOTION AND COUPON CODES

The User understands, agrees, affirms and acknowledges that there will be banner ads and promotions that would be shared with the User based on his real time location. For the limited purpose of allowing the User to discover experiences around him on a real time basis, the User specifically grants the Company utilisation of his Non-Aggregated Collected Information, limited to that extent.

5.1. The User understands that the relationship between the Company and the User stands independent and is unrelated to the relationship between the User and the application store from which the App is downloaded by him.

6. CHANGES TO PRIVACY POLICY

The Company reserves the right to change this policy at any time. The company shall notify the User of significant changes to Privacy Policy by sending a notice to the primary email address specified in User account or by placing a prominent notice on the company website. Significant changes will go into effect 1 day following such notification. Non-material changes or clarifications will take effect immediately. The user shall have the liability to periodically check for any updates to privacy.

7. CONTACTS

If the User have any questions regarding this Privacy Policy or the practices on the website, please contact us by sending an email to contact@wagr.in.