PRIVACY POLICY

 

Online advisory and e-learning platform/websites CUNSULT.com and CUNSULT.in and CUNSULT Advisor and Client applications (hereinafter referred to as CUNSULT) are operated by 1234 INTELLIMAP PRIVATE LIMITED. The specific features and functionality of CUNSULT are to be determined solely by the management of 1234 INTELLIMAP PRIVATE LIMITED and are subject to change or termination at any time, for any reason, and without notice.

This privacy policy ("Privacy Policy") has been created to demonstrate our commitment to the protection of your privacy and your personal information. Your use of and access to the Services is subject to this Privacy Policy and our Terms of Use.

BY USING THE SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU WILL BE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND AGREE TO BE BOUND BY THE PRIVACY POLICY. YOU HEREBY CONSENT TO OUR COLLECTION, USE AND SHARING, DISCLOSURE OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THE TERMS OF THIS PRIVACY POLICY, AT OUR SOLE DISCRETION, AT ANY TIME. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY AT ANY TIME, DO NOT USE ANY OF THE SERVICES OR GIVE US ANY OF YOUR INFORMATION. IF YOU USE THE SERVICES ON BEHALF OF SOMEONE ELSE (SUCH AS YOUR CHILD) OR AN ENTITY (SUCH AS YOUR EMPLOYER), YOU REPRESENT THAT YOU ARE AUTHORISED BY SUCH INDIVIDUAL OR ENTITY TO (I) ACCEPT THIS PRIVACY POLICY ON SUCH INDIVIDUAL’S OR ENTITY’S BEHALF, AND (II) CONSENT ON BEHALF OF SUCH INDIVIDUAL OR ENTITY TO OUR COLLECTION, USE AND DISCLOSURE OF SUCH INDIVIDUAL’S OR ENTITY’S INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY.

1. WHY THIS PRIVACY POLICY ?

This Privacy Policy is published in compliance with, inter alia:

    1. Section 43A of the Information Technology Act, 2000;
    2. Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”);
    3. Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

This Privacy Policy states the following:

    1. The type of information collected from the Users, including Personal Information (as defined in paragraph 2 below) and Sensitive Personal Data or Information (as defined in paragraph 2 below) relating to an individual;
    2. The purpose, means and modes of collection, usage, processing, retention and destruction of such information; and
    3. How and to whom CUNSULT will disclose such information.

2. COLLECTION OF PERSONAL INFORMATION

When you access our Services, or through any interaction with us via emails, telephone calls or other correspondence, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. You hereby consent to the collection of such information by CUNSULT. Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:

 

    1. contact data (such as your email address and phone number);
    2. demographic data (such as your gender, your date of birth and your pin code);
    3. data regarding your usage of the services and history of the appointments made by or with you through the use of Services;
    4. other information that you voluntarily choose to provide to us (such as information shared by you with us through emails or letters.

The information collected from you by CUNSULT may constitute ‘personal information’ or ‘sensitive personal data or information’ under the SPI Rules.

“Personal Information” is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.

CUNSULT will be free to use, collect and disclose information that is freely available in the public domain without your consent.

  • 3. PRIVACY STATEMENTS

3.1 ALL USERS PLEASE NOTE:

This section applies to all users.

      • 3.1.1 Accordingly, a condition of each User’s use of and access to the Services is their acceptance of the Terms and Conditions of Use, which also involves acceptance of the terms of this Privacy Policy. Any User who does not agree with any provisions of the same has the option to discontinue the Services provided by CUNSULT immediately.
      • 3.1.2 An indicative list of information that CUNSULT may require you to provide to enable your use of the Services is provided in the Schedule annexed to this Privacy Policy.
      • 3.1.3 All the information provided to CUNSULT by a User, including Personal Information or any Sensitive Personal Data or Information, is voluntary. You understand that CUNSULT may use certain information of yours, which has been designated as Personal Information or ‘Sensitive Personal Data or Information’ under the SPI Rules, (a) for the purpose of providing you the Services, (b) for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, (c) for sale or transfer of such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates (d) for communication purpose so as to provide You a better way of booking appointments and for obtaining feedback in relation to the Advisors and their practice, (e) debugging customer support related issues.. (f) for the purpose of contacting you to complete any transaction if you do not complete a transaction after having provided us with your contact information in the course of completing such steps that are designed for completion of the transaction. CUNSULT also reserves the right to use information provided by or about the End-User for the following purposes:
        1. Publishing such information on the Website.
        2. Contacting End-Users for offering new products or services.
        3. Contacting End-Users for taking product and Service feedback.
        4. Analyzing software usage patterns for improving product design and utility.
        5. Analyzing anonymized practice information for commercial use.

If you have voluntarily provided your Personal Information to CUNSULT for any of the purposes stated above, you hereby consent to such collection and use of such information by CUNSULT. However, CUNSULT shall not contact You on Your telephone number(s) for any purpose including those mentioned in this sub-section 4.1(iii), if such telephone number is registered with the Do Not Call registry (“DNC Registry”) under the PDPA without your express, clear and un-ambiguous written consent.

      • 3.1.4 Collection, use and disclosure of information which has been designated as Personal Information or Sensitive Personal Data or Information’ under the SPI Rules requires your express consent. By affirming your assent to this Privacy Policy, you provide your consent to such use, collection and disclosure as required under applicable law.
      • 3.1.5 CUNSULT does not control or endorse the content, messages or information found in any Services and, therefore, CUNSULT specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services, and you agree that you waive any claims against CUNSULT relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against CUNSULT relating to the same. Please also see the Terms and Conditions for Client and Advisor
      • 3.1.6 You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your personal information changes, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through support@cunsult.com. We will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. If you provide any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or CUNSULT has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, out of date or incomplete, CUNSULT may, at its sole discretion, discontinue the provision of the Services to you. There may be circumstances where CUNSULT will not correct, delete or update your Personal Data, including (a) where the Personal Data is opinion data that is kept solely for evaluative purpose; and (b) the Personal Data is in documents related to a prosecution if all proceedings relating to the prosecution have not been completed.
      • 3.1.7 If you wish to cancel your account or request that we no longer use your information to provide you Services, contact us through support@cunsult1234.com. We will retain your information for as long as your account with the Services is active and as needed to provide you the Services. We shall not retain such information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes. Please note that your withdrawal of consent, or cancellation of account may result in CUNSULT being unable to provide you with its Services or to terminate any existing relationship CUNSULT may have with you.
      • 3.1.8 CUNSULT may require the User to pay with a credit card, wire transfer, debit card or cheque for Services for which subscription amount(s) is/are payable. CUNSULT will collect such User’s credit card number and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the User through the authentication process. User’s credit-card/debit card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. User is advised, however, that internet technology is not entirely fool-proof and safe and User should exercise discretion about using the same.
      • 3.1.9 Due to the communications standards on the Internet, when a User or the End-User or anyone who visits the Website, CUNSULT automatically receives the URL of the site from which anyone visits. CUNSULT also receives the Internet Protocol (IP) address of each User’s computer (or the proxy server a User used to access the World Wide Web), User’s computer operating system and type of web browser the User is using, email patterns, as well as the name of User’s ISP. This information is used to analyze overall trends to help CUNSULT improve its Service. The linkage between User’s IP address and User’s personally identifiable information is not shared with or disclosed to third parties. Notwithstanding the above, CUNSULT may share and/or disclose some of the aggregate findings (not the specific data) in anonymized form (i.e., non-personally identifiable) with advertisers, sponsors, investors, strategic partners, and others in order to help grow its business.
      • 3.1.10 The Website uses temporary cookies to store certain (that is not sensitive personal data or information) that is used by CUNSULT and its service providers for the technical administration of the Website, research and development, and for User administration. In the course of serving advertisements or optimizing services to its Users, CUNSULT may allow authorized third parties to place or recognize a unique cookie on the User’s browser. The cookies however, do not store any Personal Information of the User. You may adjust your internet browser to disable cookies. If cookies are disabled you may still use the Website, but the Website may be limited in the use of some of the features.
      • 3.1.11 User may have only limited access to CUNSULT functionalities without creating an account. In order to have access to all the features and benefits a User must first create an account. To create an account, a User is required to provide the following information, which such User recognizes and expressly acknowledges is Personal Information allowing others, including CUNSULT, to identify the User: name, User ID, email address, country, age, phone number, password chosen by the User and valid financial account information.
      • 3.1.12 This Privacy Policy applies to Services that are owned and operated by CUNSULT. CUNSULT does not exercise control over the sites displayed as search results or links from within its Services. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit personal information from the Users, for which CUNSULT is not responsible or liable. Accordingly, CUNSULT does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does CUNSULT guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by CUNSULT of the website, the website's provider, or the information on the website. If you decide to visit a third-party website linked to the Website, you do this entirely at your own risk. CUNSULT encourages the User to read the privacy policies of such website.
      • 3.1.13 The Website may enable User to communicate with other Users or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized CUNSULT representatives or agents, and their opinions or statements do not necessarily reflect those of CUNSULT, and they are not authorized to bind CUNSULT to any contract. CUNSULT hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users or visitors in such a manner.
      • 3.1.14 CUNSULT does not collect information about the visitors of the Website from other sources, such as public records or bodies, or private organizations, save and except for the purposes of registration of the Users (the collection, use, storage and disclosure of which each End User must agree to under the Terms of Use in order for CUNSULT to effectively render the Services).
      • 3.1.15 CUNSULT maintains a strict "No-Spam" policy, which means that CUNSULT does not intend to sell, rent or otherwise give your e-mail address to a third party without your consent.
      • 3.1.16 CUNSULT has implemented best international market practices and security policies, rules and technical measures to protect the personal data that it has under its control from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Services, CUNSULT shall not be held liable for any loss whatsoever incurred by the User.
      • 3.1.17 CUNSULT implements reasonable security practices and procedures and has a comprehensive information security program and policies that contain managerial, technical, operational and physical security control measures that are commensurate with respect to the information being collected and the nature of CUNSULT’s business.
      • 3.1.18 CUNSULT takes your right to privacy very seriously and other than as specifically stated in this Privacy Policy, will only disclose your Personal Information in the event it is required to do so by law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements or when CUNSULT, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Terms of Use.
      • 3.1.19 Advisors’ personally identifiable information, which they choose to provide to CUNSULT, is used to help the Advisors describe and identify themselves. This information is exclusively owned by CUNSULT. You will be the owner of your information and you consent to CUNSULT collecting, using, processing and/or disclosing this information for the purposes hereinafter stated. CUNSULT may use such information for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. CUNSULT also reserves the right to use information provided by or about the Advisor for the following purposes:
        1. Publishing such information on the Website.
        2. Contacting Advisors
        3. Analyzing software usage patterns for improving product design and utility.
        4. Analyzing anonymized practice information including financial, and inventory information for commercial use.
      • 3.2.1 We strongly encourage Advisors to check the accuracy and completeness of their information from time to time, and inform us immediately of any discrepancies, changes or updates to such information. CUNSULT will, however, take reasonable steps to ensure the accuracy and completeness of this information.
      • 3.2.2 CUNSULT may also display information for Advisors who have not signed up or registered for the Services, provided that the Advisors have consented to CUNSULT collecting, processing and/or disclosing their information on the Website. Such Advisors are verified by CUNSULT or its associates, and CUNSULT makes every effort to capture accurate information for such Advisors. However, CUNSULT does not undertake any liability for any incorrect or incomplete information appearing on the Website for such Advisors.

3.3 END-USERS NOTE:

                                                   This section applies to all End-Users.

      • 3.3.1 As part of the registration/application creation and submission process that is available to End-Users on this Website, certain information, including Personal Information or Sensitive Personal Data or Information is collected from the End-Users.
      • 3.3.2 All the statements in this Privacy Policy apply to all End-Users, and all End-Users are therefore required to read and understand the privacy statements set out herein prior to submitting any Personal Information or Sensitive Personal Data or Information to CUNSULT, failing which they are required to leave the CUNSULT immediately.
      • 3.3.3 End-Users’ personally identifiable information, which they choose to provide on the Website is used to help the End-Users describe/identify themselves. Other information that does not personally identify the End-Users as an individual, is collected by CUNSULT from End-Users (such as, patterns of utilization described above) and is exclusively owned by CUNSULT. CUNSULT may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. In particular, CUNSULT reserves with it the right to use anonymized End-User demographics information and anonymized End-User information for the following purposes:
        1. Analyzing software usage patterns for improving product design and utility.
        2. Analyzing such information for research and development of new technologies.
        3. Using analysis of such information in other commercial product offerings of CUNSULT.
        4. Sharing analysis of such information with third parties for commercial use.
      • 3.3.4 CUNSULT will communicate with the End-Users through email, phone and notices posted on the Website or through other means available through the service, including text and other forms of messaging. The End-Users can change their e-mail and contact preferences at any time by logging into their "Account" at www.cunsult.com and making changes at settings.
      • 3.3.5 At times, CUNSULT conducts a User survey to collect information about End-Users' preferences. These surveys are optional and if End-Users choose to respond, their responses will be kept anonymous. Similarly, CUNSULT may offer contests to qualifying End-Users in which we ask for contact and demographic information such as name, email address and mailing address. The demographic information that CUNSULT collects in the registration process and through surveys is used to help CUNSULT improve its Services to meet the needs and preferences of End-Users.
      • 3.3.6 CUNSULT may keep records of electronic communications and telephone calls received and made for consultations or other purposes for the purpose of administration of Services, customer support, research and development and for better listing of Advisors.
      • 3.3.7 All CUNSULT employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every End-Users’ Personal Information or Sensitive Personal Data and Information. CUNSULT has put in place procedures as per good industry practices and in accordance with the applicable laws, to maintain security of all personal data from the point of collection to the point of destruction. Any third-party data processor to which CUNSULT transfers Personal Data shall have to agree to comply with those procedures and policies, or put in place adequate measures on their own.
      • 3.3.8 CUNSULT may also disclose or transfer End-Users’ personal and other information provided by a User, to a third party as part of reorganization or a sale of the assets of CUNSULT. Any third party to which CUNSULT transfers or sells its assets to will have the right to continue to use the personal and other information that End-Users provide to us, in accordance with the Terms of Use
      • 3.3.9 To the extent necessary to provide End-Users with the Services, CUNSULT may provide their Personal Information to third party contractors who work on behalf of or with CUNSULT to provide End-Users with such Services, to help CUNSULT communicate with End-Users or to maintain the Website. These contractors do not have any independent right to share this information, however certain contractors who provide services on the Website, including the providers of online communications services, may use and disclose the personal information collected in connection with the provision of these Services in accordance with their own privacy policies. In such circumstances, you consent to us disclosing your Personal Information to contractors, solely for the intended purposes only.

               3.4 CASUAL VISITORS PLEASE NOTE :

      • 3.4.1 No sensitive personal data or information is automatically collected by CUNSULT from any casual visitors of this website, who are merely perusing the Website.
      • 3.4.2 Nevertheless, certain provisions of this Privacy Policy are applicable to even such casual visitors, and such casual visitors are also required to read and understand the privacy statements set out herein, failing which they are required to leave this Website immediately.
      • 3.4.3 If you, as a casual visitor, have inadvertently browsed any other page of this Website prior to reading the privacy statements set out herein, and you do not agree with the manner in which such information is obtained, collected, processed, stored, used, disclosed or retained, merely quitting this browser application should ordinarily clear all temporary cookies installed by CUNSULT. All visitors, however, are encouraged to use the “clear cookies” functionality of their browsers to ensure such clearing / deletion, as CUNSULT cannot guarantee, predict or provide for the behavior of the equipment of all the visitors of the Website.
      • 3.4.4 You are not a casual visitor if you have willingly submitted any personal data or information to CUNSULT through any means, including email, post or through the registration process on the Website. All such visitors will be deemed to be, and will be treated as, Users for the purposes of this Privacy Policy, and in which case, all the statements in this Privacy Policy apply to such persons.

4. CONFIDENTIALITY AND SECURITY

    • 4.1 Your Personal Information is maintained by CUNSULT in electronic form on its equipment, and on the equipment of its employees. Such information may also be converted to physical form from time to time. CUNSULT takes all necessary precautions to protect your personal information both online and off-line, and implements reasonable security practices and measures including certain managerial/technical/operational/physical security control measures that are commensurate with respect to the information being collected and the nature of CUNSULT’s business.
    • 4.2 No administrator at CUNSULT will have knowledge of your password. It is important for you to protect against unauthorized access to your password, your computer and your mobile phone. Be sure to log off from the Website when finished. CUNSULT does not undertake any liability for any unauthorized use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify CUNSULT by sending an email to support@cunsult1234.com You shall be liable to indemnify CUNSULT due to any loss suffered by it due to such unauthorized use of your account and password.
    • 4.3 CUNSULT makes all User information accessible to its employees, agents or partners and third parties only on a need-to-know basis, and binds only its employees to strict confidentiality obligations.
    • 4.4 Notwithstanding the above, CUNSULT is not responsible for the confidentiality, security or distribution of your Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, CUNSULT shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of CUNSULT including but not limited to, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.

5. CHANGE TO PRIVACY POLICY

CUNSULT may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way CUNSULT treats User’s personally identifiable information, or in the Privacy Policy itself, CUNSULT will display a notice on the Website or send Users an email, as provided for above, so that you may review the changed terms prior to continuing to use the Services. As always, if you object to any of the changes to our terms, and you no longer wish to use the Services, you may contact support@cunsult1234.com to deactivate your account. Unless stated otherwise, CUNSULT’s current Privacy Policy applies to all information that CUNSULT has about you and your account.

If a User uses the Services or accesses the Website after a notice of changes has been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed terms.

6. CHILDREN'S AND MINOR'S PRIVACY

Although the CUNSULT Website and Services are not intended for use by minors, CUNSULT respects the privacy of minors who may inadvertently use the internet or the mobile application.

7. CONSENT TO THIS POLICY

You acknowledge reading this Privacy Policy and you unconditionally agree that becoming a User of CUNSULT and its Services signifies your (i) assent to this Privacy Policy, and (ii) consent to CUNSULT using, collecting, processing and/or disclosing your Personal Information in the manner and for the purposes set out in this Privacy Policy. Your visit to the Website and use of the Services is subject to this Privacy Policy and the Terms of Use.

8. ADDRESS FOR PRIVACY QUESTIONS

Should you have questions about this Privacy Policy or CUNSULT's information collection, use and disclosure practices, you may contact support@cunsult1234. We will use reasonable efforts to respond promptly to any requests, questions or concerns, which you may have regarding our use of your personal information.

 

Refund Policy

 

A Client who is convinced that they deserve a refund can write to CUNSULT at support@cunsult.com giving full justification for seeking a refund. CUNSULT will examine representations on a case by case basis. Clients are expected to

(A) choose their Advisors appropriately

(B) communicate in a manner which will bring out the best in an Advisor

(C) ensure that their internet connectivity is effective during the cunsultation

(D) be prepared adequately to be able to comprehend the Advisor

 

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