INDTUBES

PRIVACY POLICY

CURRENT VERSION DETAILS: 1.0

LAST UPDATED ON – 27 March 2024

EFFECTIVE FROM - 27 March 2024

I. About

INDTUBES App is a product of ROCKHOUSE ENTERTAINMENT PRIVATE

LIMITED (‘App’, ‘INDTUBES’ or ‘we’ or ‘us’ or ‘our’, ‘platform’) of address 5,

Garfa Main Road, Ground Floor, Kolkata- 700078. Under this App we allow

our users to showcase their talents either individually or collectively and

upload the performance in INDTUBES for such talent exhibition and also for

viewing, entertainment and enjoyment. User can download and install the

App into their mobile device and create User Account through Google/

Facebook Login mechanism.

INDTUBES App provides platform to its user to showcase their talents

through performance videos. INDTUBES thus have made available to its

users’ provisions to capture/ record-upload-store online, uploading and

editing of pictures, uploading and editing videos & music, perform similar

functions with pre-captured photos & videos and pre-recorded music,

networking with other users of INDTUBES with provisions for Like, Share,

Comments in such uploaded videos, pictures, music files either one’s own

content or other’s content. INDTUBES have provision to follow or block

users, chatting facility, choose soundtrack played in any such videos,

counting views, number if likes received, number of times the video shared

and like features. INDTUBES also have provisions for reporting

objectionable content of any videos, pictures, music, and if any content

found violating the Content Guidelines mentioned in this Terms of Use or

any provisions of law, then INDTUBES have absolute discretion to remove

the videos from the app and/ or to suspend the user account without any

prior notice. We keep updating features of our App based on user

experiences, suggestions and recommendations received from our technical

support team.

II. Privacy Statement

At INDTUBES we respect and acknowledge right to privacy of our users and

we are committed to protect our users’ data or content uploaded shared with

us or collected by us as per terms of our Privacy Policy. We collect, store,

share, process, retain data of users in fair, reasonable and in lawful manner

for the purpose of INDTUBES app and to improve its functionality. This

Privacy Policy discloses the various means and manner in which INDTUBES

collects, store, share, use, process, retains and protects data/ information of

its users. However, Users have full control whether to allow collection or

sharing of User content.

III. Scope of Privacy Policy

Our Privacy Policy has to be read with our Terms of Use. This Privacy Policy

applies to the collection, storage, processing, use and disclosure of data

including personal data (if any) and other information & files shared/

uploaded by user through the App.

We update/ amend our Privacy Policy on need basis to keep it viable. Users

are suggested/ recommended to go through our Privacy Policy from time to

time and take note of various modifications (if any) made in the updated

version of privacy policy. User who will be continuing with the User Account

after any amendment/ modification of Privacy Policy and Terms of Use shall

be deemed to have given her consent to such amended / modified versions.

Our Privacy Policy does not apply to third party website(s) that may be

accessible through hyperlinks hosted on INDTUBES App or through

advertisement campaigns conducted through the App. We do not control

any third party website to which you may be directed and any such

redirection shall not be interpreted as our endorsement to any product or

services offered by such Third Party websites. INDTUBES monetize through

display of advertisement as in-app feature using Admob.

IV. Consent and Acceptance

Before you create User Account in our App, you mandatorily have to go

through our Privacy Policy and Terms of Use and make yourself aware as to

what data we are collecting, how we are collecting, how and why we are

processing it, manner of data processing, storage, retention, sharing and

disclosure, terms and condition applicable to you for your use of INDTUBES

app. When you create a User Account in the App, you consciously, freely,

being specifically informed in unambiguous manner gives your consent to

collect, process, store, retain, share or disclose your data or content

uploaded by you through your user account. We strictly encourage only

adults to create user account in our App ensuring that our users are

capable to act as per their independent decision understanding

consequences of their own actions. We do not consider any consent given by

any individual of age below than 18 years to be any valid consent. If any

child (presently if age is below 18 years under the Indian Majority Act, 1875

read with Section 11 of Indian Contract Act, 1872 and such other laws

applicable along with such amendments made to the legal provisions from

time to time) creates user account in our App, that mandatorily has to be

under guidance and instruction of parents/ guardian or of a legal caretaker

or of such person who is having legal custody of the child and that such

parent/ guardian/ care taker shall be liable for any consequence. All

consent or acknowledgement of Privacy Policy and Terms of Use given by

any child shall be deemed to have been given by his/ her parents/ guardian

or of a legal caretaker or of such person who is having legal custody of the

child.

Giving consent to our Privacy Policy and Terms of Use do not take away

rights of any parties to defend one selves through legal proceeding on event

of any dispute arising out of or in connection with this Privacy Policy and

the Terms of Use, subject to the Dispute Resolution mechanism clause set

out herein.

In case you do not agree with our Privacy Policy and Terms of Use or to its

modified version, you shall not create any user account or delete already

created user account and shall delete our App. For deletion please find

appropriate link provided and within a period of 30 (thirty) days from

request. Indtubes shall not be responsible to provide any data/ content

backup to the user post deletion.

V. Nature of data collected

We collect following data from our user:

Name, Mobile phone Number, Email ID, User Name, , password, videos data

/ media as content which user upload in User Account in-app, in-app data

like videos, in-app search, comments made in any post, , profile photo

(which user uploads from device image gallery), social media accounts only

for login, , availability of internet connection, to check app compliance, ,

media and gallery of your mobile device upon securing permission,.

VI. Manner of Collection of Data:

We collect data which are voluntarily provided by you at the time of creating

your user account, during your use of our App we collect you’re in-app data,

through details of various content uploaded by you in our App. We collect

in-app videos you liked commented on, sharing history, likings and

disliking, browsing history, We allow our business partners, advertising

networks, and other advertising vendors and service providers (including

analytics vendors and service providers) to collect in-app information about

users online activities to improve your app using experience. You may be

able to refuse or disable Cookies by adjusting your browser settings as each

browser is different. You may need to take additional steps to refuse or

disable certain types of Cookies. You may need to opt-out separately from

each browser you use. In case you choose to refuse, disable, or delete

Cookies, some of the functionality of the Platform may no longer be available

to you.

VII. Purpose of collecting data

We collect data for the following purposes:

a. To facilitate creation of user account and login thereafter. To stay

connected to you, to keep our users updated about any change in

Privacy Policy or Terms of Use and our rights, to offer support services

to users, enforcement of our terms and conditions & maintain safety

and security of our users, to develop and integrate new services and

improve the existing services and App experience considering User

feedbacks and suggestions, personalized features, using data for

trouble shooting, testing, research, security, etc;

b. To facilitate your user account login and to enhance your experience

using the Platform, improve our services, and provide you with

targeted advertising on the Platform and elsewhere across your

devices;

c. To perform external and internal operations, including

troubleshooting, improvements, technical enhancements, testing,

research, security, data breach, account maintenance, data analysis,

ease in login mechanism, enhance and increase network through

suggestions & recommendations to join or add other users, inform

about newly joined users, help in brand building of user, suggestions

in the ‘For You’ feed name;

d. To understand user problem, enhancement in features to improve

user experience with the App, easy access, incorporation of features

based on user demand and feedback and inputs, make more

accessible, user preferences, interests and choices, recommendation

of content, etc;

e. To understand how App is performing with various browser and

device, compatibility assessment and enhancement, accommodating

modified versions of device and App, etc;

f. To analysis and use the traffic statistics, content performance,

advertisement preferences, demographic data, boost content views,

recommendation of content, analyse user response to third party

services and services of our associate concerns, marketing and

promotional activities, personalised content to target group/ user,

content targeting & advertisements, location based content, language

customization, combining third party data with data collected from

this App;

g. Account security & management, recovery of password, address data

breach, fraudulent dealings of content or user account,

impersonation, violation of intellectual property rights.

No sensitive personal data is collected through this INDTUBES, and no Data

is sold to any third party.

VIII. Storage of data

We store your data with Linode LLC. provided by Akamai Technologies, Inc.

of address Cambridge, MA, USA with server located in Mumbai.

IX. Disclosure and Sharing of Data and Information

a. Disclosure of Uploaded Content

Any content, comment, feedback, likes/ dislikes, etc which you upload

or posts through your User Account are your voluntary disclosure and

are accessible by us and by any user of the App and are also traceable

by search engines. Other user will be able to view, share, comment on

such voluntarily publicly disclosed content and can be shared or

circulated by us in any other platform including social media.

b. Third Party Disclosure

Third party includes our Business partners, advertisers, suppliers and

sub-contractors and such other persons/ professional who work with

us for betterment of this App. We circulate advertisements through

user content and through general platforms of our App. Accordingly

we share aggregate data of our user to such third party in a manner

where individual user is not identifiable directly. We are not liable for

any third party services / goods offered which are advertised through

our App.

We also share content with third party service provider to check for

any violation of Content Guidelines only to the extent required.

c. Disclosure for Security Purpose and Law

We strictly follow the Content Guidelines and strongly condemn any

sort of illegal and unlawful activities. Under circumstances we may

need to disclose your information to Government bodies or law

enforcement agencies under appropriate order, or under Court Order,

to comply with any legal obligation and requirement. We may also

disclose your information to safeguard our interest and to protect our

rights or any of our user’s right, or to prevent data fraud, address

issues of public safety, security, technical issues and like issues.

X. Manner of Data Retention

We retain data of user only until the user account is active. Once the

User account is deleted, no user content is displayed in Indtubes. We do

not retain any data beyond what is required for legal purpose only. No

part of the data is sold to third party.

XI. Content Guidelines

We do not support any type of illegal, immoral, and harmful content or

activity and on getting detected by any means we remove to take down the

content from our App and upon commission of repeated act we may even

ban that user from using our App. Your creative freedom must not be the

reason of else’s pain and shall not violate law. We set out NON EXHAUSTIVE

list of guidelines which you must follow while making or uploading content

through our App or while commenting or using other’s content:

a. Your content, comment, or any activity through our App shall abide

by any and all laws of India, shall not be against social and moral

principles, public interest, public safety and security. Your content,

comment, activity shall not threaten Sovereignty, unity, integrity,

defence, security or sovereignty of India, affect relations with foreign

States, or organisations.

b. You cannot post or engage with content that is insulting to Countries

including India, spread hate speech, agitate mass, disturb public

tranquillity, public order, harmful to individual, target any individual

or community or religion, caste, creed, etc.

c. No content containing sexual -images, sexual videos, representation of

any sexual act whether forced or consensual, nudity, obscene

representation of anything or person, exposing private parts of body of

any living being, revengeful content, private pictures, pictures taken

in confidence so as not to disclose by any means, revengeful release of

private intimate pictures, natural or unnatural intercourse or sexual

gestures, molestation shall be uploaded in the App. With consent or

without consent is immaterial.

d. No content/ comment or data shall be uploaded or released or

circulated which exploits or endangers any individual.

e. No content/ comment shall contain anything which is related to child

pornography or sexual activity related to or involving child, or in any

manner so as to affect the child mentally and/ or physically.

f. Our App should not be used as platform to harass, bully, cause

distress to, bring shame to anyone, causing emotional / psychological

torture, degrade, destroy moral confidence, black mail, extortion, plan

to do illegal act, scheming against any person or property, any / all

criminal activities.

g. All content uploaded through our App are intellectual property of

respective creators and / or users, and user who uploads content

gives irrevocable royalty free license to INDTUBES to make use of the

content in any manner.

h. User while uploading content through your user account you shall

ensure that you are the legitimate Intellectual property right holder on

such content and shall ensure that such content do not violate

anyone else’s’ (whether a User of INDTUBES or not) rights into it. If

any content is ever reported to be violating IP rights of someone else,

we will be taking down the content as per guidelines and laws

applicable, and any aggrieved user can take action as per applicable

laws for restoring the content.

i. If you use anyone else’s content, you should give credits to the person

whose content you are using. However, if ever such person whose

content you are using objects to you use, then you shall immediately

remove such content.

j. Content that communicates or otherwise exhibits suicides, suicidal

tendencies; self inflicted injury, abuse, stunt, dangerous activities,

mimicking dangerous stunt or any stunt, violence, obscenity,

superhuman activity.

k.

You as user shall also be responsible not to share or otherwise

support any content which is violating the Content Guidelines and

to report the content to us through the grievance officer details

mentioned.

l. You shall not knowingly upload, share or otherwise deal with any

content which contains computer viruses, malware, spread spam link

or spam content or any other computer program aiming to disrupt

functionality of mobile device or aim to commit data theft and data

breach.

m. You shall abstain and refrain from uploading or sharing or otherwise

dealing with content through our App which is misleading, false, fake,

infringing into other’s right, violating Content Guidelines, instigating,

aim to disrupt public tranquillity, peace and law & order, breaches

security, link to scam, dupe users to make payments, cyber crime,

manipulative content, criminal activities and like things which are

illegal, unlawful.

n. We do not have control on what content you as user will upload but

once reported any violation of Content Guideline and / or any

provision of law; we take suitable action against the reported content

including imposing ban on repeated offender.

o. All content shall be reviewed by INDTUBES team and in case of any

violation of Content Guidelines, such violating content will be

removed. By using INDTUBES App, you give your consent and no

objection to such review and / or removal where required.

p. INDTUBES offers feature enabling user to post voice comment in the

content. However, owner of the account through which the content

has been posted will be having every right to remove any voice

comment and also to block user making the voice comment.

INDTUBES will not be interfering as to why any user has been

blocked, it is purely discretion of the user who has posted the content.

XII. Data Officer and Grievance Officer:

Name – Mr. Soumen Chowdhury

Email- [email protected]

XIII. Dispute Resolution Mechanism:

When the dispute is between INDTUBES and you, we try our best to resolve

the dispute and grievance in amicable manner through conciliation. If not

resolved through conciliation, we shall be resolving our disputes through the

process of Arbitration. Arbitration shall be conducted either through sole

arbitrator jointly and consensually appointed by parties from the list of

arbitrators provided by INDTUBES or shall be conducted by a panel of 3

member appointed as per law. Venue shall be at office of INDTUBES at

Kolkata. With regard to the procedure of arbitration, standard procedure set

out under the Arbitration and Conciliation Act, 1996 shall be made

applicable. We being MSME organisation, shall be governed also under

MSME Act, 2006 as special legislation applicable to us.

When the dispute is between or amongst two or more users, we INDTUBES

do the best to deal with the reported content as per Content Guidelines.

However, we acknowledge each user’s right to take legal action against one

or more user under appropriate law.

XIV. Governing Laws

We are an intermediary as per Information Technology Act, 2000 and other

applicable laws. We are governed by Laws of India.

XV. Jurisdiction

High Court, Calcutta and courts subordinate to it shall have the jurisdiction

over anything in connection with or arising out of this Privacy Policy and

Terms of Use

.

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