PRIVACY POLICY AND TERMS OF USE

1 - Privacy Policy

Last updated on : 09 June, 2021

We welcome you to Panktiyaan.

We encourage you to read through our Privacy Policy to understand all the aspects of how Panktiyaan collects and uses data relating to users of the platform. It is our endeavour to be transparent about our practices and demonstrate the respect we have for privacy of our users’ data. If you do not agree with these practices, you are advised not to use the Panktiyaan App.

This Privacy Policy documents the use, collection and storage of information pertaining to the use of Panktiyaan application available on Android by any person.

Pantiyaan facilitates a User to write panktiyaan & express themselves by publishing their works such as blogs, stories, poems, reviews etc, including Cover photo, read  Published Work and react to published work by Commenting, Appreciating , Sharing works of others. Published Work and Company Content shall together be referred to as “Content”.

This Privacy Policy is a part of and is to be read with the Terms of Use. You agree to this Privacy Policy by using the Application. If you do not agree with the same, kindly refrain from using the Application.

What information does Panktiyaan collect?

For Panktiyaan to offer its Services to Users and to continuously improve the Users’ experience, we collect certain information which constitute personally identifiable information (information which can be used to identify an individual or PII) and non-personally identifiable information (information which cannot directly identify an individual) (together ‘User Information’) as mentioned below:

What does Panktiyaan use the collected User Information for?

 Panktiyaan uses the User Information to:

• Enable and facilitate usage of the Application including enforcing the Company’s Terms of Use
• To send mandatory and opted notifications to Users
• To communicate with the Users
• Improve the functioning of the Application and the Services (such as introducing new features and enhancing security measures to protect Users and Published Works)
• Improve the User experience by customisation, personalisation and optimisation. We may use “cookies” or similar electronic tools to collect information to understand the user's individual interests and preferences.
• Managing the Application which includes troubleshooting, analysis, conducting surveys, understanding the nature of Users etc
• Building communities amongst the Users
• By posting Panktiyaan, you are directing us to disclose that information as broadly as possible, including through our APIs, and directing those accessing the information through our APIs to do the same. To facilitate the fast dissemination of panktiyaan to people, we use technology like application programming interfaces (APIs) and embeds to make that information available to websites, apps, and others for their use - for example, displaying your post on a webview at www.Panktiyaan.com , this Webview is affiliated with Panktiyaan.

Can any third party access the User Information?

Company will never sell or rent any User Information to any third party. User Information may be accessed by third parties as described below:

• Business Partners: Authorized third party business partners, who handle the User Information in accordance with their own privacy policies as mentioned in the table, engaged for :

• Analysing the User Information, for improving the Website/Application and the services.
• Providing a variety of services to Panktiyaan as determined by the Panktiyaan in good faith from time to time in relation to research, survey etc. to help improve the Services.

Our payment gateway may collect your billing information and baking/debit/credit card details if you choose to subscribe on our Site. The subscriptions may be on auto renewal mode unless cancelled. If at any point you do not wish to auto-renew your subscription, you may cancel your subscription before the end of the subscription term.

• Special Circumstances: Panktiyaan will disclose personally identifiable information about a User

• As and when required by law or or by any court, tribunal or governmental agency
• If Panktiyaan determines that such a step is essential for national security, law enforcement, or other issues of public importance
• For enforcement of its Terms of Use
• In case of fraud, security or technical issues
• We may present information, usually in the form of aggregate statistics on traffic to various pages in the Site, to our advertisers to help them to understand our users

• Corporate Restructuring: Panktiyaan reserves the right to transfer User Information to another party as a result of merger,  acquisition, or sale of all or a portion of Company's assets to any third party.

• User Published Material: Panktiyaan enables Users to interact with each other in its community building endeavours between content creator and readers. Therefore, Users’ names, content, comments, likes etc are public and can be viewed by other Users. Users must ensure they do not put up any Inputs on the Application which they do not intend to make public.

Where is the User Information stored and how is it secured?

Panktiyaan  hosts the Website/Application and all User Information in the cloud infrastructure of XYZ located at ABC. XYZ  has robust security practices to protect the stored data, details of which can be found at This link. Some information is also stored in PQR infrastructure.

Panktiyaan follows a need-to-know policy internally to ensure only those employees can view the User Information as is necessary. Users must ensure that their login details are safeguarded and are not shared with anyone in an unauthorized manner. Any unauthorized use may compromise the security of User Information.

Keeping in mind the nature of the internet, Users acknowledge that despite the very robust security measures, safety of User Information may not be guaranteed.

How is the User Information collected and what are the opt-out options?

User Information is collected by panktiyaan primarily in the following manner:

1. User-provided Information: Details provided by a User while logging-in/registering on the Website/Application and while providing Inputs on the Website/Application.
2. Collected through Cookies: Cookies are small files placed locally on the browser through which the Website is being accessed. Cookies are placed by Company for various purposes as detailed below:

A User may choose to opt-out of cookies on their browser. However, this may affect the performance of the application.

3.  API Calls:  API Calls consists of data generated when a User performs an activity on the Application such as navigating different pages, clicking on buttons, reading content etc. This data is collected and used by Company and may be shared with authorized third parties as described in this Privacy Policy.

What are the rights of Users with respect to their User Information?

1. Registration: Users have the option to not register on the Application if they do not want to share the mandatory personally identifiable information required to do so. Their ability to use the Application may be restricted as reasonably determined by the Company.
2. Modification : Users may modify their profile details from their account settings on the Application. Users are encouraged to keep their information up-to-date.
3. Opt-out: If a User desires Company to cease usage of his User Information on the Application for any of the purposes mentioned herein, User may write to panktiyaanofficial@gmail.com. Company will endeavour to assist Users with its requests and fulfil the requests. However, any such action may adversely affect the User experience on the Website/Application.

Changes to this Privacy Policy

Company may update and revise this Privacy Policy from time to time. Users are advised to periodically check the privacy policy page to stay informed about changes to this Privacy Policy.

If a User disagrees with any of the changes to the Privacy Policy, User shall refrain from using or accessing the Application/Services. User’s continued use following the posting of the revised Policy shall indicate their acceptance and acknowledgement of the changes and the User will be bound by it.

Contact

In case of any questions / doubts / legal query about this Privacy Policy, Users may contact Panktiyaan at: panktiyaanofficial@gmail.com

Conflict

In case of any conflict arising in the interpretation of the Privacy Policy in English and any other language as it may be made available on the Application, the terms of the English version shall prevail.

2 - Terms of use

Last updated on : 09 June, 2021

We welcome you to Panktiyaan..

While it is our endeavor to make the usage of Panktiyaan as user-friendly as possible, we depend on each user to help us keep the platform free from content that is infringing of others’ rights, objectionable or unlawful in any manner and prevent any unauthorized use of the content legally owned by our users. We sincerely encourage you to go through the below Terms of Use to understand the do’s and don’ts while using the platform. Do not hesitate to contact us for any queries.

TERMS OF USE

These Terms of Use govern the use of  ‘Panktiyaan’ application available on Android by any person (“User”/”You”/”Your”).

Pantiyaan facilitates a User to write panktiyaan & express themselves by publishing their works such as blogs, stories, poems, reviews etc, including Cover photo, read  Published Work and react to published work by Commenting, Appreciating , Sharing works of others. Published Work and Company Content shall together be referred to as “Content”.

By browsing through the Application and availing the Services, You agree to be bound by these Terms of Use read along with the Privacy Policy and represent that You are above 18 years of age and/or have the authority to enter into a binding contract with Company. If You are under 18 years of age, You must obtain consent from Your parent(s) or legal guardian(s) who will be responsible for your acceptance and compliance of these Terms of Use.  If You do not have consent from Your parent(s) or legal guardian(s),  kindly refrain from using the Application.

This is an electronic record under the Information Technology Act, 2000 and rules there under. Therefore, no signature is required to make the Terms of Use binding on the User. These Terms of Use along with the Privacy Policy have been formulated as required under Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011.

USER OBLIGATIONS

By using the Services, User agrees to abide by the below obligations:

1. Accuracy: To provide complete and accurate information while registering on the Application and to contact Company if there is any change in such information. Furthermore, User must not impersonate any other person.
2. Confidentiality: To maintain confidentiality of the User’s account details and be responsible for any use of the Services through the User’s account.
3. Ownership: To ensure that the copyrights in the Published Works uploaded are fully owned by the User and the same does not violate the patent, trademark, copyright or other proprietary rights of any third party.
4. Content Guidelines: To ensure the Published Works/Inputs do not violate the conditions mentioned in ‘Content Guidelines’ below.
5. Reproduction: To not reproduce any Published Works of another User Content from the Application and publish it in any other platform without authority, whether for commercial gain or otherwise.
6. License: To grant Company a license to publicly display their name/username to attribute the Published Works uploaded on theApplication;
7. Illegal Activities: Not use the Services to perform any illegal activities nor solicit the performance of any illegal or any activity which leads to violation of third party’s rights.
8. Virus: To not upload any material which contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource used to provide the Services.
9. Advertise: To not advertise or solicit any products or services on the Application.
10. Security:  a) Not probe, scan or test the vulnerability of the Application  b) not disrupt or breach the security or authentication measures or circumvent the navigational structure, with respect to the Application or the network  c) Not use any manual or automated software, devices or other processes to "crawl" or "spider" any part of the Website/Application d) Not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software to modify or interfere with the Services or in any manner to gain undue advantage from the Services or features e) Not place an unreasonable burden on the Company’s infrastructure.
11. Unfair Conduct: Not engage in any unfair conduct such as using unauthorized means to gain Rewards or My Coins or misuse any of the programs offered on the Application or engage in any other fraudulent/wrongful activity on the Application.
12. Access: To access and use the Services solely for the User’s personal and non-commercial purposes and to not access the Application or obtain the Published Works Content through any other means other than as permitted.
13. User Data: Not trace any information pertaining to another User or exploit any such information, including storing and collecting the same.
14. Trademark and Design: To not use, misuse or misappropriate the trademark ‘Panktiyaan’,  any logo ‘Panktiyaan”’ or any design of the Application, which are owned/used by the Company for any unauthorized purpose.

RIGHTS OF THE COMPANY

 User acknowledges the following rights of the Company:

1. Remove Content: Company has the right to remove any Published Works/Inputs which it deems objectionable or is infringing, as per its discretion or as required under law.
2. Suspension: Company has the right to restrict/suspend/terminate the account of any User to access all or part of the Services, at its discretion, including for violation by the User of these Terms of Use.
3. Intellectual Property Ownership over marks, designs: The Service and all components thereof including the Application and all logos, trademarks, brand names, service marks, domain names, including designs, and graphics created by and developed by the Company on the Application and other distinctive brand features of the Application are exclusively owned by the Company and all intellectual property rights vested therein belong to the Company.
4. Company Content: Any Company Content belongs to the Company or its licensors and assignors. No rights therein transfer to the Users except for the purpose of legitimate use of the Service in accordance with these Terms of Use.
5. Personal Data: Company shall process the personal data of the Users submitted in accordance with the Privacy Policy.
6. Legal disclosure: Company may disclose the details of any User or any other details regarding the Published Works/Inputs or take any other action as required under law or a lawful order by government agencies who are authorized to investigate any cyber security incidents.
7. Enhanced security measures: Company may put in place enhanced security and technical measures from time to time to prevent and tackle violation of copyrights of Users or third parties, as suitable.

CONTENT GUIDELINES

 Published Works/Inputs uploaded on the Website/Application must:

1. Not be objectionable or unlawful: Do not put up Published Works/Inputs which are grossly harmful, infringing, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
2. Not be against national interest: Do not put up Published Works/Inputs that can threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
3. Protect minors – Do not put up Published Works/Inputs which can harm minors in any way.
4. Not be misleading/ offensive: Do not put up Published Works/Inputs which deceives or misleads a reader about the origin of the content or communicates any information which is grossly offensive or menacing in nature.

SUSPENSION/TERMINATION

1. Violation by User: Company shall have the right to suspend or terminate partially or fully the usage and access rights of the User to the Website/Application if there is any non-compliance with these Terms of Use and/or the Privacy Policy.

 COMPANY AN INTERMEDIARY

1. Users are in control of content: Company through its Application receives, stores and transmits Published Works/Inputs solely on behalf of the Users. Users remain the sole authors and owners of their Published Works/Inputs. Further, Company does not control or restrict the publishing or reading of the Published Works/Inputs nor modifies the same prior to upload of the same on the Application.
2. Company an ‘intermediary’ and no liability: Company is an ‘intermediary’’ as defined under the Information Technology Act, 2000 and its Rules and is not responsible for the Published Works/Inputs uploaded on the Website/Application.
3. Duty to act under law: Company, as an intermediary, has the duty to take necessary action against any Published Works/Inputs that violates the Information Technology Act, 2000 and its Rules which is brought to its notice and the User shall abide by such actions taken by the Company.

LIABILITY

1. No warranty of any kind: All Services and Published Works Content offered on the Application are offered on an "as is" basis without any warranty whatsoever, either express or implied. The Company/Application does not implicitly or explicitly support or endorse any of Published Works, content or service Content on the Application. The Company/Application does not warrant that the functions and Services contained in the Application will be uninterrupted or error-free, or that the Application or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User's use of the Application.
2. User liable for breach: You are solely responsible to the Company and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which the Company or its affiliates or its Users may suffer for any such breach).
3. Indemnity: User expressly agrees to indemnify and hold harmless the Company/Application, for its use of any Published Works/Inputs provided to it or published on the Application by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
4. No Indirect Liability: Company disclaims any and all special, incidental, indirect, consequential or punitive damages, losses costs towards any User or third party arising from the provision of Services or use of the Website/Application by others.

GRIEVANCE OFFICER

If any User is affected by any Published Works Content which violates these Terms of Use, including the Content Guidelines, User can write their concerns to panktiyaanofficial@gmai.com . We Company will endeavor to resolve the concerns within thirty (30) days.

If any person becomes aware of any Published Works Content which violate these Terms of Use, such person can contact the Grievance Officer at panktiyaanofficial@gmai.com with the following details:

• The complainant’s name and contact details such as address, telephone number and valid email address
• Description of the Published Works Content which are violating the Terms of Use
• The nature of complaint against the Content Published Works
• The details of the URL where such Content Published Works are hosted
• Supporting documents/sources, if applicable, to substantiate the complaint  
• Complaint document to be duly signed physically or by electronic signature

MISCELLANEOUS 

1. Modification: The Company reserves the sole and exclusive right to unilaterally amend or modify these Terms of Use and such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website/Application following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms of Use.
2. Disputes: The Users expressly agree that the Terms of Use, Privacy Policy and any other agreements entered between the Company and User(s) are governed by the laws, rules and regulations of India, and that the Courts at Gurugram shall have exclusive jurisdiction over any disputes arising between the Parties.
3. Conflict: In case of any conflict arising in the interpretation of the Terms of Use in English and any other language as it may be made available on the Application, the terms of the English version shall prevail.