Privacy Policy

1. Contact information

BabyWhale LLP,C 601, BHOOMI SARASWATI, BLDG 2, NEAR GANJAWALA,PETROL PUMP, GANJAWALA LANE, BORIVALI WEST,MUMBAI,Mumbai City,Maharashtra,400092,India ("we", "us", "our", "BabyWhale") is the owner, operator, manager of the Poggy ("Platform", which includes all the features available on the Platform").

BabyWhalevalues the trust placed by users of the Poggy Service ("you", "your", "user", "subscriber") and therefore, we follow the highest standards to protect your Personal Information.

If you require any information or clarification regarding the use of your Personal Information (defined below) or this Privacy Notice or if you require any general information or clarification or inquiry regarding the Platform please email us at care@poggy.in


2. Objective and Scope

This Privacy Notice ("Privacy Notice") explains how we use and protect Personal Information (defined below) of the users or subscribers of our Poggy Service in India.

This privacy notice describes the usage of information provided or collected through sites and applications, where this privacy notice is posted ("Platform") and affiliate or third-party sites / platforms through which the Platform and/or any of its features and/or services available on the Platform may be provided. We follow this privacy notice in accordance with applicable law in the places where we operate. In some cases, we may provide additional data privacy notices specific to certain features or services. Those notices are to be read in combination with this Privacy Notice. Please also keep in observance that our sites and applications may contain links to other sites not owned or controlled by us and we are not responsible for the privacy practices of those sites. We encourage you to be aware when you leave our sites or applications and to read the privacy policies of other sites that may collect your Personal Information.

We encourage you to read the applicable Terms of Use to understand the terms related to the use of the Platform and Poggy Service in general.


3. Collection of Personal Information

Where we refer to 'Personal Information' we mean any information related to a particular individual who we identify (whether directly or indirectly) a particular individual or natural person. This includes direct identifiers such as your name, postal address, email address, and mobile number, and also includes all other information which is linked to that information such as your location.


3.1 Information provided by you

We may ask for and you may choose to provide the below information, which may include Personal Information, when you use or register for the Poggy Service and create a subscription account, use any of the features or services available on the Platform (such as game play) or contact us directly:

We collect this information in a number of ways, including when you enter it while using our Platform, interact with our customer support, or participate in game play events or hosted games on our Platform, surveys, or marketing promotions, prize draws or competitions. In some cases, where you access our Platform service available via mobile devices.


3.2 Information we collect automatically

We and certain third parties on our behalf may collect information about you and your use of our Platform, your interactions with us or our advertising or any direct marketing we send you, as well as information regarding your computer or other streaming device used to access our service. The information may be collected using tracking technologies such as cookies, Flash cookies, pixels, tags, software development kits, application program interfaces, and Web beacons and may include:


3.3 Inferred Information through usage and log data

We may track certain information about the content viewed and your visit to our Platform. This information may include the platform that you just visited (whether this platform is on Poggy Services or not), which platform you next visit, your computer browser information, your mobile phone OS version.


3.4. Information we collect through third party sources

We may obtain your Personal Information from other sources.

If you choose to link, connect or login to our Platform using a social media platform like Facebook, Twitter, Instagram or Google the social media platform may send us your profile and social information such as Email ID, Name, Friend list, Friend's social information, etc.

We may also receive information about you from third parties but will only do so where we have assurances that you have given your permission. For example, we may obtain data related to you and your interests from i) publicly available sources such as public or open government databases or ii) online and offline data providers (including advertising networks and analytics providers).


4. Payment Card and Billing Information

When you purchase a subscription package using one or more of our payment gateway service providers, or any other online or mobile payment services provider we may use (including through any app stores), the following payment information will be collected: your credit/debit card details (number, card expiry date, CVC code) or other bank account details along with the date, time and amount of the transaction payment. This payment information is stored by our payment processors and associated with a merchant name/ID and location which our payment processor gives to us, together with a unique customer ID which we share with them but this payment information is never stored or processed by us. Our payment processors use this payment information to process and facilitate the payment of your subscription fee in order that we may provide you with the service you have requested or to enter into a contract with you to access the Platform (in other words to perform the contract). So that we know you have paid your subscription fee our payment processors will send us a unique transaction ID which we associate with your unique customer ID and which we keep for internal accounting purposes because we have a legal obligation to do so.

Our payment processors may use third party fraud detection software or providers which analyse your payment information in order to make automated decisions as to whether or not payment from you will be accepted. You have the right to contest any fraud decision made about you and to be given more information about why any such decision was made by contacting us.

Where you pay a third party for your subscription package (e.g. an app store like Apple App Store) your payment information is directly collected and controlled by that third party. However, we receive invoice receipts from third parties for your subscription purchase and these receipts are stored by us as we have a legitimate business interest to keep them for internal accounting and tax purposes and to comply with our legal obligation as per any applicable laws including any audits, legal proceedings and/or investigations.

Where our payment processors are providing payment processing services to us we put in place appropriate contracts to protect your personal information. For the following aspects of the payment processing our payment processor may act as a controller of your payment information (identified and listed above): providing the payment processing services to you at your request,):, monitoring, preventing and detecting fraudulent payment transactions, complying with legal or regulatory obligations which apply to the financial services sector and analysing, developing and improving their products and services. Our payment processors have their own privacy policies in place and we recommend you read those policies before you provide your payment information.

In order to process any of your customer support queries related to payment processing, our payment processors give us access to the first 6 digits and last 4 digits of your credit/debit card (including any updates) so that we can perform the contract with you and provide you with a quick resolution of your queries. We also use the first 6 digits of your credit/debit card so that, on the basis of our legitimate business interest, we can analyse the most popular card types and issuing banks of our customer base to ensure that we are able to improve our user experience and provide you better service. Our payment processors will also pass us your expiry date after each payment transaction is completed and we will use this to send you an email reminder to update your payment information before your card expires as we believe we have a legitimate interest to make sure your access to the Platform is not interrupted, you can still cancel at any time. However, at no point in time do we have access to or store the full credit/debit card number in our systems.


5. Purposes of processing

We will only collect and process Personal Information about You where we have lawful basis to do so. Our lawful basis for processing your Personal Information will vary depending on your country, the context in which we collect and use it and the following examples give you as a guide as to which basis we think applies (but if the context changes or other circumstances arise then the lawful basis may also change). Our primary purpose in collecting your information, including Personal Information from you is to deliver the personalized Poggy Service and its various features. Please note that should you choose to not provide us consent to collect your information, including Personal Information, we may not be able to perform the contract with you. Where we refer to 'perform the contract' we mean the Terms of Use applicable to your use of the Poggy Service, which means that you may either not be able to access certain features of the Poggy Service or we may not be able to provide you the Poggy Service in entirety.

For example, we use your information where we need the Personal Information to perform the contract with you (for example, to provide the Platform or our services to you) so as to:

We will use your Personal Information with your explicit consent as follows:

Or otherwise whenever the law requires us to get your permission or where we have stated we may seek your permission in this Privacy Notice. In some contexts, we use your Personal Information where we have a legal obligation to do so or to protect your vital interests or those of another person:

When you access or use the Services or send any data, query, request or communication to us via our Support email, you understand that you are communicating with us electronically, and that we may respond via electronic means from us, such as by email.


6. Disclosure

6.1 SERVICE PROVIDERS

At times we may make your Personal Information available to our service providers (such as but not limited to: marketing, analytics, research, communication, advertisements, infrastructure and IT services, technology or software providers, payment processing and other service providers), logistics provider that work with us or assist us to provide services to you or license us software which we include in our application(s). Personal Information will only be shared with our service providers to provide or improve the Poggy Service and to enable us to analyse our marketing efforts. We do not authorize our service providers to use or disclose your Personal Information except in connection with providing their services. We or our service providers may also share your advertisement identifiers such as IDFA, GAID etc. with advertising / data exchanges, and marketing analytics and other digital advertising and marketing service providers. The advertisement identifiers are used by these exchanges and service providers to decide which ads you see both on our sites and applications and on third-party sites and applications.


6.2 BUSINESS OR PROMOTIONAL PARTNERS

We may offer joint promotions that, in order for you to participate and benefit from any promotional offer, will require us to share your Personal Information with third parties so that we co-ordinate and fulfil the incentive offered. These third parties are responsible for their own privacy practices.


6.3 Business Transfers

We provide Personal Information to our affiliates and other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Notice and any other appropriate confidentiality and security measures


6.4 Legal

In the event of any requirement by court order, government or quasi-government agency to disclose your Personal Information, we will disclose information as may be legally required. We may also disclose your Personal Information if we, in the good faith believe that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process

In the event BabyWhale is merged with or acquired by another company or in case of re-organization or re-structuring of business, we and our affiliates may share your Personal Information, wholly or in part, with another business entity.


7. Your Controls and Choices

We provide you the ability to exercise certain controls and choices regarding our collection, use and sharing of your Personal Information. In accordance with applicable law, your controls and choices may include:


7.1 Managing Your Information

You can access some of your Personal Information through the 'My Account' section of the Platform after a successful login. You are responsible for providing us with your accurate Personal Information and keeping your Personal Information up-to-date. You can also manage your subscription via this section.


7.2 INTEREST-BASED ADVERTISING

To opt out of interest-based ads from Poggy Service in connection with a resettable device identifier on a mobile device, tablet, or streaming media devices, please configure the appropriate setting on your device (usually found under "privacy" or "ads" in your device's settings). You may still see ads on your device, but they will not be tailored to your interests.


7.3 PUSH NOTIFICATIONS

If you have enabled push notifications then you can disable (or enable) any time by going to your device "Settings" and clicking on "Notifications," and then changing those settings for some or all of the apps on your device.

(Different device configurations, or updates to devices, may affect or change how these settings work)


7.4 Rectification of Inaccurate or Incomplete Information

You can ask us to correct inaccurate or incomplete Personal Information concerning you by sending us an email to our support email address. In case you have made your subscription via Apple iTunes, then you will have to rectify your subscription and / or personal data on the Apple iTunes platform as per their applicable processes.


7.5 Data Access and Portability

In some jurisdictions, applicable law may entitle you to request copies of your Personal Information held by us. You may also be entitled to request copies of Personal Information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible). You can issue such a request by contacting us via the provided support email. In case you have made your subscription via Apple iTunes, then you will have to request for access to your subscription / personal data or portability of your subscription / personal data on the Apple iTunes platform as per their applicable processes.


7.6 Data Retention and Erasure

We retain your Personal Information as long as necessary for providing you the services and as per the lawful basis of processing and to comply with our legal obligations. In particular, when determining how long we retain personal data, we take into account how long we need it to:


7.7 Withdrawing Consent and Restriction of Processing

For data that we collect, and process based on permissions or consent obtained from you, you may withdraw your consent at any time, by selecting preferences available in the app, on your device, or by sending us an e-mail. We shall review your request and may ask you to verify your identity. In cases where you agreed to provide precise location basis the GPS data or microphone access, you may at any time withdraw such consent by disabling the location and microphone permission from the setting menu on your device. Should you require assistance to revoke your consent earlier given, please contact us using the information provided towards the end of this Privacy Notice.


7.8 Objection to Processing

In certain jurisdictions where you have the legal right to object to the use of your Personal Information with respect to certain types of processing, including processing for direct marketing and profiling, you can object by changing your preferences, disabling cookies as set out in our Cookies Policy or by contacting us (see Contact Information). If you wish use to cease or restrict processing of your Personal Information in relation to personalised content or interest-based advertising then, unless the Platform allows you to select available preferences, then you should cease to use the Platform and we can arrange to cancel your subscription. In case you have made your subscription via Apple iTunes, then you will have to unsubscribe yourself from the Apple iTunes platform as per their applicable processes to ensure that you are not being charged by Apple any further. Additionally, in case of Apple iTunes, you will have to object to processing of your subscription / personal data on Apple iTunes platform as per their applicable processes.


8. Children's Privacy

We do not knowingly permit any person who is under 18 years of age to register or to provide any other personally identifying information. Please do not register with us if you are below 18 years of age. If we become aware that any Personal Information of persons less than 18 years of age has been collected on the Platform without verified parental consent, then we will take the appropriate steps to delete any such information.

The Platform allows kids to view content only after parents submit relevant information and content delivered is meant for kids only


9. Security

We are continuously implementing and updating administrative, technical, and physical security measures to help protect your Personal Information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. These measures are designed to provide a level of security appropriate to the risks of processing your Personal Information. If you know or have reason to believe that your account credentials have been lost, stolen, altered, or otherwise compromised or in case of any actual or suspected unauthorized use of your account, please (See Contact Information below).

The Poggy Service uses commercially reasonable security practices and procedures industry practices and procedures designed to help keep your Personal Information safe and secure. Unfortunately, the transmission of information over the Internet is not completely secure. Although we strive to protect your Personal Information, we cannot guarantee the security of your data while it is being transmitted to our Poggy Service; any transmission is at your own risk. We will also ensure, on a commercially reasonable efforts basis, that any agent or third party that we employ complies with the same security standards as we do for the protection of your Personal Information.

Your information may be transferred to or may be maintained on computers, computer systems and computer resources located outside of your state or country where the privacy laws may be different (but no less stringent than the restrictions imposed by Indian law) as those where you live. If you are located outside India and choose to provide information to us, please be aware that the Poggy Service is hosted in India and that Platform keeps or transfers information to and from India for storage and processing.


11. Cookies

A cookie is a small text file that can be stored on and accessed from your device when you visit our Platform, to the extent you agree. The other tracking technologies work similarly to cookies and place small data files on your devices or monitor your website activity to enable us to collect information about how you use our sites. The information provided below about cookies also applies to these other tracking technologies.

We and our service providers may uses cookies and other technologies to store information in your web browser or on your mobile phone, tablet, computer, or other devices (collectively "devices") that allow us to store and receive certain pieces of information whenever you use or interact with our Platform. Such cookies and other technologies help us to identify and learn more about our users and their likely interests, and to deliver and tailor marketing or advertising. We also use cookies and other tracking technologies to control access to certain content on our sites, protect the sites, and to process any requests that you make to us.

If you do not want cookies to be dropped on your device, you can adjust the setting of your Internet browser to reject all or some cookies. For further information about how to do so, please refer to your browser 'help' / 'tool' or 'edit' section for cookie settings.

Please note that if your browser setting is already setup to block all cookies then some of this site's features may not operate as intended.

If you want to remove previously-stored cookies, you can manually delete the cookies at any time through your browser settings. However, this will not prevent the Platform from placing further cookies on your device unless and until you adjust your internet browser setting as described above.


12. Change in Privacy Notice

This Privacy Notice is subject to change from time to time. We reserve the right, at our sole discretion, to modify the terms of this Privacy Notice from time to time in order to ensure compliance with applicable laws or in response to changing regulatory or operational requirements ("Updated Terms"). The Updated Terms shall be effective immediately (unless we state otherwise) and shall supersede the terms of this Privacy Notice. We will notify you of any changes to this Privacy Notice if the changes significantly affect your rights or as may be required by law. Your continued use of the Poggy Service after any updates will mean you have accepted those changes. If you do not agree to the updates you should stop using the Service and cancel your subscription.


13. Contact us

If You have any questions about this Privacy Policy, the practices of Platform or Your dealings with the Website, You can contact us at care@poggy.in or via the links at the bottom of the page or you can write and send a letter to us at the below address :-

BabyWhaleLLP

C 601, BHOOMI SARASWATI, BLDG 2, NEAR GANJAWALA,PETROL PUMP, GANJAWALA LANE, BORIVALI WE ST,MUMBAI,Mumbai City,Maharashtra,400092,India

Please do not share any private information at the above stated email id care@poggy.in