Warden Education Technologies Private Limited (“Company,” “Warden”, “we”, “us”, or “our”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the personal information we collect, use, process, store, disclose, share and retain, in connection with the Company website, mobile app, and other software provided on or in connection with our services, as described in our Terms of Service available at www.infakt.co.in (collectively, the “Service(s)”).

By using the Services, application, website or any of our offerings, you confirm that you understand and consent to this Privacy Policy, together with any documents that may be expressly referred to and are incorporated by reference. You will be deemed to be a “User” who is legally bound by this Privacy Policy.

Where a school or educational institution (“Educational Institution”) has subscribed to the Services, and you are a beneficiary of our Services and a User under their subscription, you represent that you are authorised by such Educational Institution to accept this Privacy Policy and you hereby consent to our collection, use and disclosure of your personal data as described in this Privacy Policy. In such cases, the Educational Institution shall be responsible to ensure that you have duly provided your explicit consent to the processing of your data in terms of this Privacy Policy.

Where the User is a Minor, consent for this Privacy Policy shall be obtained from the parent or legal guardian, as required under applicable law. If the Minor accesses the Services directly, it shall be the responsibility of the parent/guardian of such Minor to provide the consent. Where the Minor accesses the Services through an Educational Institution, the institution shall be responsible for ensuring that valid consent of the parent/guardian has been obtained prior to the Minor’s use of the Services. Personal data of Minors is collected and processed only to the extent necessary to provide the Services, maintain security, and comply with legal obligations. We do not carry out behavioural monitoring, targeted advertising, or other processing that is likely to have a detrimental effect on Minors.

If you use the Services as an individual (such as a student or parent/guardian or teacher), you shall be a User in your individual capacity and this Privacy Policy applies to your personal data directly.

1. COLLECTION OF INFORMATION

As a visitor, you can browse our website, application or any of our offerings (hereinafter collectively referred to as “Application”) to explore more about us without providing any of your personal information. We automatically collect certain data about your interaction with our Applications such as pages visited and average time spent on the website, your internet protocol address, the unique identifier of your device and device information such as operating system, operating system version, browser plugins, crashes, system activity, hardware settings, date and time of your request to analyse ongoing trends and aid us in improving our customer experience.

Once you register as a user on our Application or show interest in procuring information about our Services, we collect your personal information including but not limited to:

a) Your name, e-mail address, phone number, display picture, username, password, residential address and other demographic information;

b) Your gender, date of birth, class, subject and syllabus details;

c) Information provided to us through our Services, interaction with our customer service, participation in surveys or marketing promotions; d) Reviews or ratings, syllabus and course preferences, account settings, (including preferences set in the ” Account ” section of our Application); and

e) Banking details and billing information including Goods and Service Tax number, Permanent Account Number, debit card number, credit card number and billing address.

f) Information relating to Minors and App usage: Where you register or create an account on the Application for a Minor, we may collect certain personal information such as the Minor’s name and age. In addition, we may collect device-related information (such as device type, model, operating system and version, mobile carrier, preferred language, and other technical identifiers). We use this information for our internal purposes, including to recognize accounts across devices, personalize the user experience, and improve the performance and security of the Application. We also automatically collect some non-personal information like computer, device and browsing information viz. identification numbers of devices, I.P address, operating system of your device, browser type, referring/ exit pages and URLs, domain names, landing pages, pages viewed, platform types, number of clicks and other similar information when you access our Application or as a result of your interaction with the Services.

We may also collect information from you if you communicate with us over the phone or via email. This information may include personal information. This information may be matched with and stored in connection with personal information provided or collected in connection with the Application.

We and our authorized business partners may also collect information made publicly available through other third-party platforms, through online or offline databases that are otherwise legitimately obtained and are subject to the third party’s terms of use and/or privacy statement.

We also request for permissions while linking your Infakt account with your social media accounts (such as Twitter, Instagram or Facebook), and in the event that you have granted the permission to link such accounts, information shall be collected directly from your social media accounts.

If you are an employee or vendor of the Company, we may collect and process certain information necessary for your engagement, such as contact details and payment-related data (including bank account details for salary or NEFT/vendor payments, and related tax details).

We only collect and use such information from you that we consider necessary for achieving an efficient and safe experience that is customized to your needs and expectations which in turn helps us to offer tutorials and works that are most likely to meet your needs and demands.

Company shall use technologies such as cookies, clear gifs, log files, and flash cookies for several purposes, including to help understand how you interact with our Applications and Services to provide a better experience.

2. DATA USAGE

We process your personal information, and you hereby consent to such processing, to provide the Services, personalize your experience on the Services, and improve the Services from time to time. Specifically, we use your personal information to:

a) To verify your identity and respond to your queries regarding the Services;

b) To operate, maintain, and secure our Services and Application, including preventing misuse, fraud, and other prohibited activity;

c) To analyse and improve the performance, functionality, and user experience of our Services, including through troubleshooting, training, system administration, and technical support;

d) To conduct research, generate aggregate and anonymised insights, and develop new products and features;

e) To provide you with notices, alerts, and communications relevant to your use of the Services, and (where permitted) to inform you of marketing and promotional initiatives relating to our Services;

f) For internal record-keeping and compliance with applicable laws, enforcement of our Terms of Service, this Privacy Policy, and other related policies.

In addition to the above, we may use your personal information for legitimate uses permitted under the Digital Personal Data Protection Act, 2023, such as complying with legal or regulatory requirements, responding to lawful requests from government authorities, responding to a medical emergency, and for the purposes of employment.

If you are a vendor or employee of the Company, we may use your personal information for the purpose of making payments, payrolling and deducting taxes.

The Company also process personal data on the basis of contractual necessity, where it is necessary for the performance of a contract.

3. MINOR’S PRIVACY POLICY

The Company is committed to protecting the privacy and safety of individuals below the age of 18 years (“Minor”). As a Minor if you wish to use our Application or Services directly, your parent / legal guardian shall be required to consent to the collection and processing of your data on your behalf. If you, as a Minor, are using our Application or Services under the subscription of an Educational Institution, the responsibility, of ensuring that your parents’/legal guardian’s consent has been duly obtained for the processing of your data, shall be with such Educational Institution.

In the event that a Minor accesses or uses our Application or Services, it shall be deemed that such the minor’s parent(s) or legal guardian(s) have consented to this Privacy Policy.

The Company ensures that the collection, use, and disclosure of Minor’s personal data is limited to what is necessary for the intended purposes and is done in a secure manner. In no event does the Company engage in behavioural tracking or targeted advertising directed at Minors.

The Company will not be responsible for any consequences that arise as a result of misuse of any kind of our Application or any of our products or Services that may occur by virtue of any person including a Minor registering for the Services/products provided, whether directly or under the subscription of an Educational Institution. If you provide any personal data relating to a Minor, you represent and warrant that you are the legal guardian of such Minor, or have obtained the verifiable consent of the Minor’s legal guardian, for the collection and processing of such personal data.

We encourage parents and teachers to supervise the Minor or student’s use of the Application. If you believe that the Company may have inadvertently collected personal data of Minors without proper consent or have any concerns regarding the processing of Minor’s data, please contact us using the E mail ID under Section 14 and the Company will take reasonable endeavours to promptly address the issue.

4. DATA RETENTION

We will retain your personal data only for as long as necessary to fulfil the purposes described in this Privacy Policy, unless a longer retention period is required by law. If you withdraw your consent, we will cease to retain your personal data unless continued retention is required for compliance with applicable law.”.

5. COOKIES

A cookie is a very small text document, which often includes an anonymous unique identifier. These are sent to your browser from the websites that you visit and are stored on your device’s internal memory. We use cookies, where you opt-in, on our Application which help us to provide information which is targeted to your interests, keep track of your preferences, evaluate the effectiveness of our Application, analyse trends, identify logged in or registered users and to administer the Application.

We further use cookies to determine which parts of our Application are most visited and what difficulties our visitors may experience in accessing our Application.

6. DATA PROTECTION AND SECURITY

We employ many different technological and procedural security measures like encryption, passwords, as well as some physical security measures, which are reasonably designed to help protect your personal information from and against any loss or misuse and unauthorized access or disclosure by individuals inside and outside the company. However, no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security. You therefore agree that any security breaches beyond the control of our reasonable security procedures are at your sole risk. The Company is not responsible for the unauthorized use of your information or for any lost, stolen, compromised passwords, or for any activity on your account via unauthorized password activity. If a personal data breach occurs, we will assess impact and notify all relevant parties as required under applicable laws.

7. DISCLOSURE OF PERSONAL INFORMATION

We use other companies, agents, or contractors (“Service Providers”) to perform services on our behalf or to assist us with the provision of Services to you. We engage Service Providers to provide marketing, advertising, communications, infrastructure, and IT services, to personalize and optimize our Services, to process credit card transactions or other payment methods, to provide customer service, to collect debts, to analyze and enhance data (including data about users’ interactions with our Service), and to process and administer consumer surveys. In the course of providing such services, these Service Providers may have access to your personal information or other information. We do not authorize them to use or disclose your personal information except in connection with providing their services.

We may disclose your personal information if we believe that such action is necessary to:

a) Comply with any legal process served on us or affiliated parties or other legal requirement of any governmental authority;

b) Protect the safety of users of our site, us, or third parties;

c) Mitigate our liability in an actual or potential lawsuit;

d) Help investigate or prevent unauthorized transactions or other illegal activities;

e) Protect and defend our rights or property, our website, the users of our website, and our affiliated parties

Following are some of the ways that your personal information may be disclosed:

a) Legal obligation: We can disclose any personal information provided by you to law enforcement and other government officials as we believe appropriate or necessary to comply with our legal obligations or for investigation of fraud or any other activity which may expose us or you to legal liability.

b) Information disclosed to third party Service Providers: We may contract with various third parties for the provision and maintenance our website, application, services and our business operations, and we may need to share your personal information and data generated by cookies with these vendors and service agencies. We do not authorize them to use or disclose your personal information except in connection with providing their services.

c) Information shared with our business partners: We may share personal information with our business partners that are committed to serving your online needs and related services for purposes defined under this privacy policy or in the course of making transactions specifically requested by you.

d) Links to external service providers: Our Application may contain hyperlinks to other platforms which may collect personally identifiable information about you. We have no control over any websites or resources which are provided by companies or persons other than us and are not responsible for the privacy practices or the content of those external platforms and your use of any such other website or application is subject to the terms of use and privacy policy located on such external website or application. We recommend that you check the external platform’s privacy policies to see how the operators of such websites will utilize your personal information.

e) Internal departments: We may share personal information with the internal investigation department of the Company or agencies appointed by us for investigation purposes. Also, if you are an employee, vendor/supplier of the Company, your personal information may be shared internally with the relevant departments on a need-to-know basis.

f) Cross border transfer of data: Personal data may be processed in India or other locations by our vendors/ affiliates. Where your personal information is transferred outside India (e.g., cloud hosting/ support), we do so only in accordance with applicable laws.

g) Transfer of business: If the Company (or our assets) are merged, amalgamated, acquired, transferred or if the Company goes out of business, enters bankruptcy, or goes through some other change of control, personal information could be one of the assets transferred to or acquired by a third party.

8. EDUCATIONAL INSTITUTION USE

Our Application may be made available to Educational Institutions for use as part of their curriculum. Where an Educational Institution facilitates access to the Application for students, the Educational Institution is responsible for ensuring that all required consents from parents or guardians of Minors are duly obtained prior to such use.

When an Educational Institution creates or manages student accounts, we may collect certain personal information such as the student’s name, age, class, and syllabus details, along with limited technical and usage information (e.g., features accessed, time spent, progress made, device details) strictly for the purposes of providing and improving the Services.

The Educational Institution will have access to student information for educational purposes and to track progress. Parents or guardians seeking to review, modify, or delete their child’s information in a School-managed account should contact the Educational Institution directly. The Educational Institution is responsible for managing accounts that are no longer required for educational purposes, including requesting deletion of student data when it is no longer necessary.

9. YOUR CONSENT

By using our Application, you are expressly consenting to our processing and handling of your information as set forth in this Privacy Policy now and as amended by us. Processing, your information in any way, includes, but is not limited to, collecting, storing, deleting, using, combining, sharing, transferring and disclosing information. If you reside outside India your information will be transferred, processed and stored in accordance with the applicable data protection laws of India.

10. YOUR RIGHTS IN RELATION TO PERSONAL INFORMATION COLLECTED BY US

We would like you to be completely aware of your data protection rights.

a. You have the following rights regarding use of Your personal data:

b. You have the right to request access to your personal data processed by the Company.

c. You can rectify any inaccurate data of yours that the Company holds.

d. You have the right to request erasure of your personal data that is no longer necessary for the purpose for which it was collected or processed, unless retention is required under applicable law.

e. You may request the Company to limit the processing of certain categories of your personal data, subject to applicable law. You can object to our processing any of your personal data.

f. You can ask that your data be copied or transferred to a third party.

g. You have the right to withdraw your consent at any time, where processing is based on consent. Such withdrawal shall apply only prospectively and shall not affect the lawfulness of processing carried out prior to the withdrawal.

h. You have the right to grievance redressal mechanisms, ensuring prompt resolution of grievances related to your personal data processing

i. You have the right to nominate another person to exercise your rights in case of your death or incapacity.

To invoke Your rights as set out above, please email the “Grievance Officer” at: it@infakt.co.in

If a user or customer makes a request to access, review, modify or correct any personal information or withdraw its consent to provide personal information, the Company will respond to each such request in accordance with all applicable data protection laws and regulations.

Finally, note that you are entitled to lodge a complaint with a competent Data Protection Authority, or similar entity as per your country of residence, concerning the Company’s compliance with the applicable data protection laws and regulation.

In the case of a Minor, all rights set out above shall be exercised on the Minor’s behalf by the parent or legal guardian (or, where applicable, by the educational institution that has obtained the parent/guardian’s consent)

11. MARKETING AND PROMOTION

We may send periodic promotional or informational emails to you. You may opt to discontinue such communications by following the opt-out instructions contained in the email. We may require reasonable amount of time to process any opt-out requests. If you opt-out of receiving emails about recommendations we think may interest you, we may still send emails on a case-to-case basis.

12. PRIVACY POLICY UPDATES

This Privacy Policy is current as of the effective date set forth above. The Company may in its sole and absolute discretion modify Privacy Policy at any time and in any manner without any prior notification to you. Any change or revision will be posted on our Application. Thus, you are advised to review this page periodically for any changes. By continuing to use or access our Application after the updates to this Privacy Policy, you are consenting to the changes.

13. DISCLAIMER

We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your personal information will always remain private.

The Company does not warrant or assure that the information provided on the website to be accurate and error-free. In case of any discrepancies, users are advised to verify the information by getting in touch with us. Information provided on our website might get updated or changed from time to time, in such case it shall be the duty of the user to verify the contents of the website.

14. QUESTIONS AND SUGGESTIONS AND GRIEVANCE OFFICER

If you have any questions or comments about the privacy policy, please write to our Grievance Officer at it@infakt.co.in.

15. TERMS OF USE

Please also visit our Terms of Use section which establishes the use, disclaimers, and limitations of liability governing the use of our Application. You can access the same by clicking here: [INSERT HYPERLINK]