Privacy Policy

IF THIS DOCUMENT IS NOT IN A LANGUAGE THAT YOU UNDERSTAND, YOU SHALL CONTACT US AT INFO@EDUKEMY.COM[PJ1] IMMEDIATELY AND SHALL NOT USE ‘Edukemy-The Learning App’ (“Application”), [PJ2]www.Edukemy.com (“Website”) and the other associated/ancillary applications, products, websites and services managed by US TILL THE TIME YOU RECEIVE WRITTEN COMMUNICATION FROM US AND THE TRANSLATED VERSION OF THIS DOCUMENT IS MADE AVAILABLE IN A LANGUAGE THAT YOU UNDERSTAND. FAILURE TO DO SO SHALL BE CONSIDERED AS YOUR UNDERSTANDING OF THIS DOCUMENT.

When you use Edukemy Learning Management System, you trust us with your data. We are committed to keep that trust. That starts with helping you understand our privacy policy, which describes the data we collect, how it is used and shared, and your choices regarding this data.

I.Introduction and Applicability

Edukemy Services Private Limited (“Edukemy”/ “Company”) is a private limited company incorporated under the Companies Act, 2013, having Corporate Identification Number – U80903DL2020PTC363472 and registered office at Khasra No. 10/16 & 10/17/2 Majra, Landmark Near Uttranchal, Near UttranchalPublic School, Kamal Vihar, Kamal Pur, Village Burari, Delhi, India – 110084. Edukemy is interalia engaged in providing online education/coaching.

This privacy policy governs your use of the application ‘Edukemy-The Learning App’ (“Application”),www.Edukemy.com (“Website”) and the other associated/ancillary applications, products, websites and services managed by the Company (“Edukemy LMS”), unless covered by a separate privacy policy.

Please read this privacy policy (“Policy”) carefully before using the Edukemy LMS, along with the Terms of Use (“ToU”) provided on the Application and on the Website. Your use of the Edukemy LMS, or services in connection with the Edukemy LMS (“Services”), or registrations with us through any mode or use of any products including that of SD cards, tablets or other storage/transmitting device shall signify your acceptance of this Policy and your agreement to be legally bound by the same. For the sake of brevity, your use of Edukemy LMS, in any electronic form or device shall be bound by the terms and conditions enumerated and agreed upon hereunder with wilful and free consent.

Edukemy will not differentiate between who is using the device to access the Edukemy LMS, so long as the log in/access credentials match with yours. In order to make the best use of the Edukemy LMS and enable your information to be captured accurately on the Edukemy LMS, it is essential that you have logged in using your own credentials. Also, be sure to sign off when finished while using a shared device.

Any portion of the information containing personal data relating to minors provided by you shall be deemed to be given with the consent of the minor’s legal guardian. Such consent is deemed to be provided by your registration with Edukemy.

If you wish not to agree with any of the terms and conditions of this Policy, kindly refrain from using Edukemy LMS or until satisfaction for you to use the same.Should you disagree with the Policy and still continue to access the Edukemy LMS and provide your personal information, Edukemy disclaims all the liabilities arising therefrom and it shall be assumed by your continued use of the Edukemy LMS that you have accepted the Policy and any other online terms and conditions available on the Edukemy LMS.

Edukemy LMS may, from time to time, contain links to external sites. Clicking on links may take you to sites outside its domain. Edukemy is not responsible for the privacy practices of other web sites. Edukemy encourage its users to be aware when they leave its site to read the EULA/T&Cs of each and every web site that collects personally identifiable information. This Policy applies solely to information collected by Edukemy LMS. We are not responsible for the privacy policies or the content of such sites.

Third party websites may place their own cookies or other files on the users' computer, collect data or solicit personal information from the users, for which Edukemy is not responsible or liable. Accordingly, Edukemy does not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor does Edukemy guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by Edukemy of the website, the website's provider, or the information on the website. Edukemy encourages the user to read the privacy policies of that such website.

II.Applicable law

The practices described in this policy are subject to applicable laws in India.

III.DataController

Edukemy is the data controller for the personal data collected in connection with use of Edukemy LMS and Services. We process personal data inside India. [PJ3]

Questions, comments and complaints about Edukemy’s data practices in connection with use of Edukemy LMS and Services,can be submitted at info@edukemy.com.

IV.Data Collection

The data we collect

Summary

We collect:

·usersprovided information;

·automatically collected information;

·data from other sources, such as partners, third-party service providers.

Detail

The following data is collected by or on behalf of us:

1.Users Provided Information

This includes:

·User profile: We collect the information you provide when you download oruse or register on/for Edukemy LMS and Services. Such information include, but not limited to, (a) your name, age, email address, phone number, government identification numbers such as Aadhaarnumber, driving license number or passport number, date of birth, photo, signature, password, your educational interests; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us, directly or indirectly through third-partyservice providers,for help; (d) information you enter into its system when using the Application/Services/products, such as while asking doubts, participating in discussions and taking tests.

·Background check information: We may collect background check information if you sign up to use Edukemy LMS as a teacher or consultant. This may include information such as your educational qualification, teaching history (where permitted by law). This information may be collected directly by us or by a vendor on behalf of us.[PJ4]

·User content:We may collect information from you that you submit, upload, publish or otherwise make available to us time-to-time in the form of text, audio, and/or visual content and information, including commentary, feedback and suggestions related to the Services, participation in discussions, initiation of support requests, and submission of entries for competitions and [PJ5]promotions. This may also include feedback, photographs or other recordings collected by users. We may also collect information that you submit when you contact our customer support, provide ratings or compliments for other users, or otherwise contact Edukemy.

2.Automatically Collected Information

This includes:

·Transaction information:

We collect transaction details related to your use of Edukemy LMS and Services, including the type of service you requested or provided, your order details, amount billed, payment method. Also, if someone uses your promotion code, we may associate your name with that person.

·Usage data:

Edukemy LMS may collect certain information automatically, including, but not limited to, how you interact with Edukemy LMS. This includes information such as access dates and times, Edukemy LMSfeatures or page viewed, crashes and other system activity, type of browser, third party sites or services you were using before interacting with our services in some cases, we collect this information through cookies, pixel tags and similar technologies that create and maintain unique identifiers. To find out more about these technologies, please see our Cookie Policy.

·Device information:

We may collect information about the type of device you use to access Edukemy LMS, including but not limited to, your device unique device ID, the hardware models, device IP address, the type of device Internet browsers you use, operating system and version, software, file name and version, preferred language, unique user identifier, advertising identifier, serial number, device motion information, and mobile network information.

As is true for most Mobile applications, Edukemy also collects other relevant information as per the permissions that you provide.

·Communication data:

We enable users to communicate with each other and Edukemy through Edukemy LMS. For example, we enable students and teachers to call, text, or send other files to each other. Toprovide this service, we receive some information regarding the calls or texts,including the date and time of the call/text and the content of the communications. We may also use this information for customer support services (including to resolve disputes between users), for safety and security purposes, to improve our products and services, and for analytics.

3.Data from other sources

This includes:

·User feedback and suggestions, such as ratings or compliments

·Users providing your information in connection with referral programmes

·Users requesting services for you or on your behalf

·Users or others providing information in connections with claims or disputes

·Our business partners through which you create or access Edukemy LMS, such as payment providers, social media services, on-demand services, or apps or websites that use our Website/Application/products/Services

·Publicly available sources

·Marketing service providers

Wemay also receive data from other sources and combine that with data wecollect through Edukemy LMS. For example:If user engages with aseparate app or website that uses Edukemy LMS API (or whose API Edukemy LMS uses), we may receive data about user or user’s connections from that site or app.

We may combine the data collected from these sources with other datain our possession.

V.How we use data

Summary

We collect and use data to enable reliable and efficient Services, to provide, personalize, maintain and improve our products and services.We also use the data we collect:

·To enhance the safety and security of our users and Services

·For customer support

·For research and development

·To enable communications to or between users

·In connection with legal proceedings

We do not sell or share your personal data to third parties for third party direct marketing purposes, except with user’s consent.

Detail

We use the data we collect for purposes including:

1.Providing services and features

We use the data we collect to provide, personalize, maintain and improve products and services.This includes using the data to:

·Create and update your account

·Verify your identity

·Process or facilitate payments for Services

·Understand your learning patterns

·Track the progress of your course

·Provide you with personalized content, and better your learning objectives/experience

·Enable features that allows you to share data with other users, such as when you submit feedback for a teacher

·Enable features to personalise your account, such as to enable quick access to saved courses or classes

·Perform internal operations necessary to provide our services, including to troubleshoot software bugs and operational problems, to conduct data analysis, testing and research, and to monitor and analyse usage and activity trends

2.Safety and Security

We use your data to help maintain the safety, security and integrity of our services and users. This includes, for example:

·Using device, profile, usage and other data to prevent, detect and combat fraud or unsafe activities.

·Using user ratings to encourage improvements by affected users.

3.Customer support

We use the data we collect (including recordings of customer support calls after notice to you and with your consent) to assist you when you contact our customer support services, including to:

·Direct your queries to the appropriate customer support person

·Investigate and address your concerns

·Monitor and improve our customer support responses

4.Research and development

We may use the data we collect for testing, research, analysis and product development. This allows us to improve and enhance value-addition of Edukemy LMS and Services, develop new features and products, and facilitate solutions in connections with our services.

5.Communication among users

We use the data we collect to enable communications between our users. For example, (a) a student may text or call a teacher to seek resolution to his/her questions, (b) a user may share his/her experience/feedback with other users, (c) to enable users’ participation in discussions with each other.

6.Communication from us

We may use the data we collect to communicate with you about products, services, promotions, studies, surveys, news, updates, events, important information and required notices. We may also use the data to contact about our services and those of our business partners. You may receive some of these communications based on your profile as an Edukemy user.

We may use the data we collect to generate and provide users with receipts; inform them of changes to our terms, services, or policies; or send other communications that aren’t for the purpose of marketing our services or products or of its partners.

7.Legal proceedings and requirements

We may use the data we collect to investigate or address claims or disputes relating to your use of Edukemy LMS and Services, or as otherwise allowed by applicable law, or as requested by regulators, government entities and official enquiries.

8.Automated decision-making

We use personal data to make automated decisions relating to use of our services. This includes deactivating users who are identified as having engaged in fraud or activities that may otherwise harm Edukemy LMS, its users, and others.

VI.Cookies and third-party technologies

Summary

We and ourpartners use cookies and other identification technologies on Edukemy LMS for purposes described in this policy.

Detail

Cookies are small text files that are stored on your browser or device by websites, apps, online media and advertisements. We use cookies and similar technologies for purposes such as:

·Authenticating users

·Remembering user preferences and settings

·Helping login faster

·Determining the popularity of content

·Delivering and measuring the effectiveness of advertising campaigns

·Analysing site traffic and trends, and generally understanding the online behaviour and interests of people who interact with Edukemy LMS and services. We may also allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs and other technologies to identify your device when you visit Edukemy LMS and use our Services, as well as when you visit other online sites and services

Please see our Cookie Notice for more information regarding the use of cookies and other technologies described in this section.

VII.Data sharing and disclosure

Summary

Some of Edukemy LMS products, services and features require that we share data with other users or at a user’s request. We may also share your data with our affiliates, subsidiaries and business partners, for legal reasons or in connection with claims or disputes.

Detail

We may share the data we collect:

1.With other users

·For example, if you are a student, we may share your first name, your contact details, your educational qualification, course you are enrolled for with teacher.

·For example - If you are a teacher, we may share information with your student(s)/their parents including your name and photo; your educational qualification, average rating provided by students/their parents; your teaching experience; for how long you have been associated with Edukemy; contact information (depending upon applicable laws). If you choose to complete a teacher profile, we may also share any information associated with that profile, including information that you submit and compliments that past students have submitted about you.

2.At your request

This includes sharing your data with:

·Other people at your request. For example, we may share your course progress status, your test marks with others at your request.

·Our business partners. For example, if you request a service through a partnership or promotional offering made by a third party, we may share your data with those third parties. This may include, for example, other apps or websites that integrate with our APIs, or those with an API or service with which we integrate, or business partners with whom we may partner to deliver a promotion, competition or specialised service.

3.With the general public when you submit content to a public forum

When you use certain features on Edukemy LMS or communicate with us through public forums such as discussion forums, social media and you post or share information such as comments, messages, files, photos, will be available to all users, and will be in the public domain. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or when posting on its forums this information may become publicly available.

4.With the owner of Edukemy LMS accounts that you may use

If you use a profile associated with another party, we may share your information with the owner of that profile. This occurs, for example, if you are a teacher using an account owned by a partner institution.[PJ6]

5.With our subsidiaries and affiliates

We share data with our subsidiaries and affiliates, to the extent applicable, to help us provide our services or conduct data processing on our behalf.

6.With third party as a part of sale/reorganisation

Edukemy may also disclose or transfer user's personal and other information which a user provides, to another third party as part of reorganization or a sale of the assets of Edukemy division or entire company. Any third party to which Edukemy transfers or sells its assets will have the right to continue to use the personal and other information that a user provides to us.

7.With our service providers and business partners

We may provide data to Edukemy vendors, consultants, marketing partners, research firms, and other service providers or business partners. This may include, for example:

·Payment processors and facilitators

·Background check providers (teachers/trainers only)[PJ7]

·Cloud storage providers

·Marketing partners and marketing platform providers

·Data analytics providers

·Research partners, including those performing surveys or research projects in partnership with us or on our behalf

·Vendors that assist us to enhance the safety and security of Edukemy LMS

·Consultants, lawyers, accountants and other professional service providers

·Schools or institutions [PJ8]

8.For legal reasons or in the event of a dispute

We may share your data if we believe it is required by applicable law, regulation, operating agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns.

This includes sharing your data with law enforcement officials, government authorities, or other third parties as necessary to enforce our Terms of Service, user agreements or other policies; includinginvestigation of potential violations thereof; to protect our rights or property or the rights, safety or property of others or, investigate frauds, or in the event of a claim or dispute relating to your use of our services. If you use another person’s credit card, we may be required by law to share data with that credit card holder.

This also includes sharing your data with others in connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company.

9.With your consent

We may share your data other than as described in this policy if we notify you and you consent to the sharing.

VIII. Data retention and deletion

Summary

We retain user profile and other data for as long as you maintain your account on Edukemy LMS.

We may retain certain user data after receiving an account deletion request if necessary, such as to comply with legal requirements.

Detail

Users may request deletion of their accounts at any time. Following such request, we delete the data that is not required to be retained, and restricts access to or use of any data it is required to retain. Once such data is no longer necessary to provide Services, enable customer support, to enhance the user experience or for other operational purposes, we take steps to prevent access to or use of such data for any purpose other than compliance with legal requirements or for purposes of safety, security and fraud prevention and detection.

You may request deletion of your account at any time through email request.

Following such a request, we delete the data that is not required to be retained. In certain circumstances, we may be unable to delete your account, such as if there is an outstanding credit on your account or an unresolved claim or dispute. Upon resolution of the issue preventing deletion, we will delete your account as described above.

We may also retain certain data if necessary, for Edukemy’s legitimate business interests, such as fraud prevention and enhancing users' safety and security. For example, if we shut down a user's account because of unsafe behaviour or security incidents, we may retain certain data about that account to prevent that user from opening a new account on Edukemy LMS in the future.

IX. Protection of data

Summary

We promote a privacy-aware culture that respects and is sensitive to the rights of its users.

We take all the reasonable steps to ensure protection of data. All the personal data you provide is stored on our secure (password and firewall-protected) servers.

Unfortunately, the transmission of data over the Internet is not inherently secure, and we cannot guarantee the security of data sent over the Internet.

Detail

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal data. All the personal data you provide is stored on third-party secure (password and firewall-protected) servers. Only authorised people have access to, custody of and the means of using personal data we collect.

Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of data via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted via internet; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorised access. However, please be aware that, although Edukemy endeavour is to provide stringent security, for information it possesses and maintains, no security system can prevent all potential security breaches.

X. Consent, Choice and transparency

Summary

We believe that, every user of Edukemy LMS must be in a position to provide an informed consent prior to providing any information required for the use of Edukemy LMS. By using/registering on Edukemy LMS, you are expressly consenting to Edukemy’s collection, processing, storing, disclosing and handling of your information as set forth in this Policy now and as amended by us.

We also provide the means for you to see and control the data that we collect, including through:

· in-app privacy settings

· device permissions

· in-app ratings pages

· marketing opt-outs

We also enable users to request access to or copies of their data, changes or updates to their accounts, deletion of their accounts, or that we restrict its processing of user personal data.

Detail

We believe that, every user of Edukemy LMS must be in a position to provide an informed consent prior to providing any Information required for the use of Edukemy LMS. By using/registering on Edukemy LMS, you are expressly consenting to Edukemy’s collection, processing, storing, disclosing and handling of your information as set forth in this Policy now and as amended by us. Processing, your information in any way, including, but not limited to, collecting, storing, deleting, using, combining, sharing, transferring and disclosing information, all of which activities will take place in India. If you reside outside India your information will be transferred, processed and stored in accordance with the applicable data protection laws of India.

Further, you can, at any time while using the Edukemy LMS, also have an option to withdraw your consent given earlier to us, to use any data that we collect. Withdrawal of the consent by you is required to be sent in writing to us at the contact details provided in this Policy. In any such event, Edukemy fully reserves the right to withdraw further usage of Edukemy LMS thereunder to you.

We also provide the means for you to see and control the data that we collect, including through:

1. PRIVACY SETTINGS

The Privacy Settings menu in Edukemy LMS gives users the ability to set or update certain preferences, such as preference for receiving mobile notifications from Edukemy. Data on these settings, how to set or change these settings, and the effect of turning off these settings are described below.

· Notifications:

o Edukemy LMS provides you with your course progress status, notifications and updates related to your account. These notifications are a necessary part of using the Application/Website and cannot be disabled.

· Notifications: Discounts and news

o You can enable Edukemy LMS to send you push notifications about discounts on the courses and news from Edukemy. You can enable/disable these notifications at any time through the Privacy Settings menu in the Application/Website.

2. DEVICE PERMISSIONS

Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. These platforms have different permission systems for obtaining your consent. The iOS platform will alert you the first time the Edukemy LMS wants permission to access certain types of data and will let you consent (or not consent) to that request. Android devices will notify you of the permissions that Edukemy LMS seeks before you first use the app, and your use of the app constitutes your consent.

3. RATINGS LOOK-UP

Edukemy LMS provides feature of rating, as well as giving feedback to a user or on Edukemy LMS. This system holds everyone accountable for their behaviour. Accountability helps create a respectful, safe environment for the users.

4. EXPLANATIONS, COPIES AND CORRE

You can ask us to:

· provide a detailed explanation regarding the data we have collected about you and how it uses that data

· send you a copy of the data we have collected about you

· correct any inaccurate data that we have about you

You can make these requests by sending email at info@edukemy.com

You can also edit the name, phone number and email address associated with your account through the Settings menu in Edukemy LMS. You can also look up your subscription details history in the Edukemy LMS.

5. MARKETING OPT-OUTS

You can opt out of receiving promotional emails from us by sending email to info@edukemy.com. You can also opt out of receiving emails and other messages from us by following the instructions in those messages. Please note that, if you opt out, we may still send you non-promotional messages, such as receipts for your subscription or data about your account.

XI. Updates to this policy

Summary

We may occasionally update this policy with or without advance notice. Use of our services after an update constitutes consent to the updated notice to the extent permitted by law.

Detail

We may occasionally update this policy with or without advance notice. If we make significant changes, we will notify you of the changes through Edukemy LMS or through others means, such as email. To the extent permitted under applicable law, by using our services after such updates, you consent to our updated policy.

We encourage you to periodically review this policy for the latest information on our privacy practices, as continued use is deemed approval of all changes. We will also make prior versions of our privacy policies available for review on specific request raised by you.

XII. Contact Information

Summary

Edukemy Grievance Officer shall undertake all reasonable efforts to address your grievances at the earliest possible opportunity.

Detail

In case of any grievance, you may contact Edukemy Grievance Officer who shall undertake all reasonable efforts to address your grievances at the earliest possible opportunity. You may also contact Edukemy Grievance Officer if you evidence any violation of our terms and policies and report such incident.