This Policy explains how We treat End User Data and protect End Users’ privacy when You use the Services. End User agrees that We may access, collect and use the End User Data according to this Policy.
“User” means You and Your Authorized Representative (if any), as the case may be. “End User Data” means the data that We collect from the End User.
1.1 We take the privacy of Our End Users seriously and are committed to safeguarding their privacy while providing personalized and valuable Services to You.
1.2 Your access to Our Services is conditional upon End User’s approval of this Policy and End User’s consent to collection, retention and use of the End User Data as per this Policy.
1.3 No Information Collected by Us is rented or sold to any third parties. Transmission of any information via the internet is not completely secure. While We do Our best to protect all Information Collected, particularly Personal Information, We cannot guarantee the complete security of End User Data transmitted to Us by third parties via the internet, telephone or any other networks which are not in Our control.
1.4 In the event You use any of the Products, the treatment and protection of End User Data will be governed by the applicable Product Specific Agreements in addition to this Policy, and in case of any conflict, terms of the applicable Product Specific Agreements will prevail.
Information That We Collect
2.1 Traffic Data, Personal Information and such other End User Data as may be collected pursuant to this Policy, together constitute the information collected by Us pursuant to Your use of Services (“Information Collected”). End User acknowledges and agrees that Information Collected is necessary for the purpose of providing Services to You.
2.2 “Traffic Data” means any data generated by the End User or End User’s computer, computer system, computer program or network that forms a part in a chain of communications indicating the communication’s origin, destination, route, format, intent, time, date, size, duration or type of underlying service, which We may automatically track and collect when End User accesses the Services, including:
- IP addresses;
- Domain server details; and
- Other information with respect to End User’s device, interaction of End User’s device with the Website, Products, Services and other applications.
2.3 “Personal Information” means any information that personally identifies You and/or the End User, and includes:
- Contact data (such as e-mail address, phone number and any extra contact details); and
- Demographic data (such as time zone, postal address and location details).
2.4 If End Users communicate with Us by, for example, e-mail or letter, any information provided in such communication may be collected by Us.
2.5 We may transfer alphanumeric identifiers to the device used to access the Services through the web browser to enable Our systems to recognize the browser, remember information specific to the End User and/or provide certain features of Services (“Cookies”). We may place both permanent as well as temporary Cookies in the End User’s device, however, such Cookies will not contain any Personal Information. We do not control and are not liable for any Cookies placed by third parties on End User’s device.
Use of the Information Collected
3.1 The Information Collected is not used in any form or manner other than as is described in this Policy. While We use Our best efforts to protect all Information Collected, this Policy is not intended to restrict Our use of Information Collected and We may use Information Collected in the form and manner specified in Clause 3.2 and Clause 3.3 below (“Permitted Use”).
3.2 We use the Information Collected in such manner that enables Us to provide Services to the Users in an effective way, including to:
- assist You in accessing or using Products or certain specific features of Services;
- prevent any potentially illegal activity and to screen and prevent undesirable or abusive activity;
- monitor, maintain, troubleshoot and/or improve Our Products and Services and any associated features, including evaluation or devising new features;
- perform statistical and/ or other analysis on Information Collected;
- analyze and measure User behavior and trends; and
- use the Information Collected in such other form and manner which is necessary to maintain the quality and standard of Products and Services.
3.3 While We may collect and store Personal Information in segregated form (such that the Personal Information collected by Us may be identified with the End User from which it was collected), We use the Personal Information in an aggregated form (such that the Personal Information collected by Us may not be identified with the End User from which it was collected), for the following purposes:
- to build up User profiles and marketing profiles;
- to aid strategic development, data collection and analytics;
- to manage Our relationship with advertisers, partners or any third parties; and
- to audit usage of Services.
Confidentiality, Disclosure and Transfer
4.1 We use Our best efforts to keep confidential any Information Collected which may be of confidential nature, with the exception of such information which:
- was already known to Us prior to receiving such information from the End User;
- was received from such third party which is not subject to similar confidentiality restrictions;
- is independently developed by Us; and/or
- is required to be disclosed by applicable Law.
4.2 Notwithstanding Clause 4.1, We reserve the right to disclose any Information Collected to any Person if, in Our reasonable opinion, it is:
- required by applicable Law;
- necessary to do so to protect and defend the rights, property or personal safety of Services, Esoko or its officers, directors, employees, consultants, affiliates, or other End Users; or
- necessary to comply with a court order or other legal process, including responding to any claims that violate the rights of third-parties because of Your use of Services;
- a Permitted Use; or
- necessary to enforce the Esoko Web Agreement.
4.3 Subject to Clause 4.2 above, We will keep all the Personal Information private and will not share it with third parties, except that We may transfer the Personal Information to Our affiliates after ensuring that such transferee adheres to the same level of data protection and confidentiality standards that are adhered to by Us.
5.1 The security of any Personal Information is important to Us. To protect Personal Information during transmission and upon receipt, We follow generally accepted industry standards, including the International Standard IS/ISO/IEC 27001 on “Information Technology – Security Techniques – Information Security Management System – Requirements”.
5.2 Our security practices and procedures are certified and are audited on a regular basis (at least once a year) by an independent auditor duly approved by the Government.
5.3 Although We make best possible efforts to transmit and store all the Information Collected in a secure operating environment that is not open to the public, there is no such thing as complete security, and We do not guarantee that there will be no unintended disclosures of any Information Collected.
5.4 If We become aware that any Information Collected has been disclosed in a manner that is not in accordance with this Policy, We will use best efforts to notify the End User of the nature and extent of such disclosure (to the extent We know that information) as soon as reasonably possible and as permitted by Law.
5.5 Pursuant to Services, End User may access links to third party websites or applications. The privacy policies of these third party links are not under Our control. Once the End User leaves Our servers, use of any information provided by the End User will not be governed by this Policy.
Changes to this Policy
6.1 We reserve a right to, at any time, add to, change, update, or modify this Policy, so please review it frequently. We will endeavor to inform End Users of any significant changes that may be made, however, End Users are requested to regularly visit and review this Policy, as may be updated from time to time.
Your Acceptance and Rights
7.1 End User accepts this Policy by accepting the Esoko Web Agreement and/or Your use of the Services.
7.2 End Users have a legal right to a copy of any Personal Information about such End User held by Us. End Users also have a right to correct any errors in that Personal Information. End Users also have a right to request that We cease to use their Personal Information for direct marketing purposes.
7.3 The End User may approach us at firstname.lastname@example.org to address any queries, concerns, discrepancies or grievances with respect to Information Collected or this Policy. We will use Our best efforts to redress the grievances expeditiously, within 1 (one) month from the date of receipt of such grievance.
8.1 WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS WILL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS OF A THIRD PARTY, OR FOR ANY UNAUTHORIZED INTERCEPTION OF DATA OR BREACHES OF THIS ESOKO WEB AGREEMENT ATTRIBUTABLE IN FULL OR IN PART TO THE ACTS OR OMISSIONS OF THIRD PARTIES, OR FOR DAMAGES ASSOCIATED THAT RESULT FROM THE OPERATION SYSTEMS, EQUIPMENT, FACILITIES OR SERVICES PROVIDED BY THIRD PARTIES THAT ARE INTERCONNECTED WITH SERVICES.