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This Privacy Policy (hereinafter, “the Policy”) details the policies and procedures adopted by Populous Empowerment Network (hereinafter, “PEN”) on the collection, use and disclosure of the User’s information and personal data while accessing the Makkaludan Stalin Mobile App (hereinafter, “Mobile App”) and the laws and rights applicable to the User.

By accessing and/or using the Mobile App, the User consents to abide by and conform to the Policy, which describes the mode and manner in which PEN collects, stores, disseminates and retains the User Information and Personal Data acquired on Mobile App and also outlines the laws and rights applicable to the User.

For all purposes, the Policy shall be considered part of the Terms and Conditions of Use of Services (hereinafter, “Terms of Use”), and the Policy and Terms of Use shall be read together henceforth.

DEFINITIONS
1. Affiliate means any entity, project, or venture that is either fully or in part controlled by PEN;
2. Device means any device, including a mobile phone or tablet, that allows access to the Mobile App and the Services provided;
3. Mixpanel is a tool used by Mobile App to track User actions and help remember User actions or User preferences;
4. Personal Data means any information from which the User’s identity is
  recognised or can be reasonably ascertained;
5. Profile denotes the account or login created and registered by the User to access the Service or parts thereof offered by PEN via Mobile App;
6. Service implies services made available by PEN through Mobile App;
7. Service Provider refers any third party entity employed by PEN to process data on its behalf or facilitate the Services provided by Mobile App;
8. Third-party Social Networking Sites indicates any Social Networking Website through which the User engages with the Mobile App and using its Services;
9. User means any person accessing the Mobile App or using the Services offered therein;
10. User Information refers to any information supplied by the User while using the Mobile App to access the Services, including Personal Data.
DATA COLLECTION
1. While accessing and/or using the Mobile App, the User shall be requested to provide information, including certain Personal Data that identifies the User, which may include, but is not limited to:
  1. Mobile number (*)
  2. Name (*)
  3. Voter ID (*)
  4. Membership ID in a political party
  5. Gender (*)
  6. Age (*)
  7. Address (*)
  8. District (*)
  9. Pincode (*)
  10. Marital status (*)
  11. Ration card type (*)
  12. Type of area (*)
  13. Occupation (*)
  14. Disability (*)
  15. Social stratum (*)
  16. Notification access
  17. Media access
  18. Profile photo
  19. E-mail ID
    
    Note: (*) mark denotes “mandatory field”;
2. In addition to Personal Data, the Mobile App gathers information from the User that is essential for the use of Services such as Know Your
  Constituency, Your Eligible Schemes, Ungalil Oruvan, and Oraniyil Tamil Nadu;
3. The particulars of the User Device used to access the Mobile App, the Internal Protocol address of the Device, Internet Service Provider utilized by the User, time, date and duration of visit of the Mobile App and other statistical data shall also be acquired;
4. When the User interacts with the Mobile App through Third-Party Social Networking Sites (hereinafter, “SNS”), the User understands and agrees that PEN is authorised to collect, use and store any information made available in SNS accounts in accordance with the applicable privacy settings set in such SNS accounts;
5. Additional information is gathered through questionnaires from individuals, enterprises and farmers to ensure Mobile App can ascertain eligibility based on the Profile and offer necessary Services relating to personalised schemes to which the User is entitled to, as well as extending assistance in obtaining benefits under appropriate Government of Tamil Nadu initiatives.
USAGE OF COLLECTED DATA

PEN may use any User Information for the following purposes:
1. To run, maintain, and monitor the Mobile App and its Services;
2. To register, administer, and review the User’s Profile on the Mobile App;
3. To reach out to the User through the mode of communication chosen by the User in accordance with the Terms of Use;
4. To facilitate a safe and effective utilisation of Services such as Know Your Constituency, Your Eligible Schemes, Ungalil Oruvan, and Oraniyil Tamil Nadu;
5. To provide such information on news, notifications, and other announcements as may be opted for by the User;
6. To perform voter validation, including verifying or updating voter information
7. For other purposes such as evaluating and improving Mobile App and its Services, PEN reserves right to perform statistical analysis of User behaviours and preferences in order to measure User’s relative interests in Mobile App for the purpose of Services development;
8. The above data analysis is anonymised and not matched to an identifiable User. The analytical data collected by PEN is solely for internal use with the aim to improve the content and services of Mobile App. In exchange, the User shall benefit from improved quality of Services.
DATA PROTECTION

PEN protects User Information with the highest care and diligence.
1. PEN acknowledges that the Personal Data of the User is important to it and shall undertake all reasonable steps to safeguard such information against any loss, misuse, unauthorised access, disclosure, alteration, and destruction. However, the User ought to be aware that no security measures are flawless or impregnable, and no security measures can guarantee the complete security of information preserved in the database;
2. The User understands that the password must be kept secure and not disclosed to anyone and required to follow the Terms of Use while accessing Mobile App in order to ensure the secrecy of the Personal Data and other information;
3. The User is absolutely responsible if someone gains access to Mobile App using the User’s password. In the event that the password is misused, the User should promptly alert PEN for necessary action;
4. PEN will give access to User Information to only authorised employees. Employees who violate this Privacy Policy shall be subject to disciplinary process as per the byelaws of the Organisation;
5. Any employee who withdraws from the employment of PEN will have to undertake to abide by this Privacy Policy and keep all User Information undisclosed;
6. Mobile App does not disclose or share any information shared by the User or data collected from the User with third parties, save and except in accordance with this Policy, as per procedure established by law or in compliance of legal obligations;
7. User Personal Data is stored safely and confidentially and may be accessed, used or disseminated by Mobile App on its servers and databases (including cloud storage) and as per the terms specified in the Policy;
8. User agrees and consents to Mobile App’s use of Personal Data and other information for the purpose of providing Services and/or Services through PEN.
SHARING OF PERSONAL DATA

PEN may share or disclose the Personal Data to the following entities:
1. Affiliates: Affiliates receiving the Personal Data from PEN shall be bound by the Policy;
2. Government Agencies and Lawful Authorities: PEN may share the Personal Data when it is required by law to do so, in case of a valid request from Government authorities, to protect the rights or properties of PEN and its Affiliates, to investigate any misconduct vis-à-vis Mobile App or Service, to identify, contact or initiate legal action against any person causing harm to the rights or properties of PEN, its Affiliates or any third party affected by such actions, whether intentionally or otherwise, or to protect against any legal liability.
3. Service Providers: To monitor and investigate the usage of Mobile App and its Services, as well as optimising the functionality and efficiency of Services thereof;
4. Third Parties: PEN may share any or all of the Personal Data with third parties, with the prior consent of the User.
TRANSFER OF PERSONAL DATA
1. Personal Data acquired from the User is typically retained, stored, and processed at PEN’s registered office. It is also stated that such information is transferable to any location other than the User’s City, Town, District, or State of residence.
2. Accessing Mobile App and its Service constitutes consent to the Policy, and it serves as agreement on behalf of the User for enabling such transfer;
3. PEN assures that reasonable efforts shall be undertaken to ensure that the Personal Data is safe and handled in line with the Policy.
RETENTION OF PERSONAL DATA
1. PEN shall retain the Personal Data for such period as may be necessary for the purposes elucidated in the Policy;
2. The Personal Data retained shall be used by PEN for fulfilling legal obligations, resolving disputes, internal analysis and such other purposes set out in the Policy.
MODIFICATION AND DELETION OF PERSONAL DATA
1. The User has the right, at any time, to modify, update, amend or delete the Personal Data provided by the User by managing the Profile with Mobile App;
2. PEN, when requested by the User, shall extend support, as may be reasonable possible, to access, amend or delete the Personal Data provided;
3. Some User Information including Personal Data may be retained even after suspension or deletion of a User Profile by Mobile App for a certain time period in order to troubleshoot problems, enforce the Terms of Use, prevent fraud, assist with any investigation and/or comply with legal requirements.
MIXPANEL TOOL
1. Mixpanel is a tool that PEN uses to track User activity inside Mobile App in addition to the amount of time each User spends in each Services of
  Mobile App. The default properties enlisted by Mixpanel are the data acquired indirectly through this tool from Mobile App.
2. PEN makes use of the above data to track actions of the User and retain such information on Mobile App;
3. They are used to facilitate and personalise the User’s experience with Mobile App and as well as to assist Mobile App in functioning more productively.
4. The User further recognises that Mixpanel tool by Mobile App merely remembers the User’s choices made while accessing Mobile App and does not collect or store Personal Data, nor does it share such information with any third party;
LINK TO THIRD PARTY WEBSITES
1. Mobile App may feature links to third party websites, including Government websites, for the effective use of User-eligible schemes that are not managed or operated by PEN. Such third party websites are subject to their own Privacy Policies and the Policy does not apply to them;
2. The User is advised to read the Privacy Policy of such third party websites and PEN is not responsible for the content or Privacy Policies and practices of such third party websites.
AMENDMENTS TO THE POLICY
1. PEN has the right to amend the Policy at any time without notice. Such an amendment would be made avwailable on Mobile App. However, it is the User’s obligation to examine the Policy on a regular basis;
2. Where a User continues to access Mobile App or avail the Services after the amended or revised Policy becomes effective, it shall be construed as the User’s agreement with the amended or revised Policy;
3. If a User does not agree to the amended or revised Policy, such User is not authorised to use the Mobile App or its Services.
GENERAL TERMS
1. Electronic Record: This Policy document is an “electronic record” within the meaning of Section 2(t) of the Information Technology Act, 2000 and the rules made thereunder, and therefore, requires no signature.
2. Promotions: Mobile App may send notifications to the User regarding its Services and/or features in order to provide better Services and/or features. If the User does not wish to receive such communications, they may unsubscribe in accordance with the procedure set out for the same.
3. Termination of Service: Mobile App reserves its right to terminate the provision of Services and/or features to any User who does not subscribe to or violates the terms of the Policy without prior notice.
4. Force Majeure: Notwithstanding anything contained in the Policy or elsewhere, PEN shall not be held responsible for any loss, damage or misuse of the User Information, if such loss, damage or misuse is attributable to a force majeure event. A force majeure event means any event that is beyond the reasonable control of PEN and includes, without limitation, fire, flood, explosion, acts of God, pandemics, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, war, acts of government, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.
5. Governing Law and Jurisdiction: The Policy shall be governed by Indian laws in force and the Courts at Chennai shall have exclusive jurisdiction to resolve any disputes. In certain cases, Alternative Dispute Resolution (ADR) may be used to reach an agreement between parties, with the seat of arbitration in Chennai.
CONTACT INFORMATION

If the User has any questions, grievances or complaints regarding the Policy, the User may contact PEN through the following means:

Email: Contact@thepenindia.com Phone: 044-45262993, 7200498616 Address: Old No. 38, New 22, Oliver Rd, Kattukoil Garden, Mylapore, Chennai, Tamil Nadu 600004

DEFINITIONS

DATA COLLECTION

USAGE OF COLLECTED DATA

DATA PROTECTION

SHARING OF PERSONAL DATA

Affiliates: Affiliates receiving the Personal Data from PEN shall be bound by the Policy;

Service Providers: To monitor and investigate the usage of Mobile App and its Services, as well as optimising the functionality and efficiency of Services thereof;

Third Parties: PEN may share any or all of the Personal Data with third parties, with the prior consent of the User.

TRANSFER OF PERSONAL DATA

RETENTION OF PERSONAL DATA

MODIFICATION AND DELETION OF PERSONAL DATA

MIXPANEL TOOL

LINK TO THIRD PARTY WEBSITES

AMENDMENTS TO THE POLICY

GENERAL TERMS

Electronic Record: This Policy document is an “electronic record” within the meaning of Section 2(t) of the Information Technology Act, 2000 and the rules made thereunder, and therefore, requires no signature.

Promotions: Mobile App may send notifications to the User regarding its Services and/or features in order to provide better Services and/or features. If the User does not wish to receive such communications, they may unsubscribe in accordance with the procedure set out for the same.

Termination of Service: Mobile App reserves its right to terminate the provision of Services and/or features to any User who does not subscribe to or violates the terms of the Policy without prior notice.

CONTACT INFORMATION