Privacy and Data Policy, 2024 Bensaw Technologies Private Limited
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PRIVACY AND DATA POLICY
This Privacy Policy is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder, including but not limited to Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 and the amended provisions pertaining to electronic documents/ records in various statutes as amended by the Information Technology Act, 2000. This Privacy Policy does not require any physical, electronic or digital signature and is a legally binding document between the user and Bensaw or Upgame.
Bensaw Technologies Private Limited, shall be deemed to be the data controller of your Personal Data, and Founder and CEO Sameer Sawhney shall be the Data Protection Officer to ensure strict implementation and compliance of this Privacy Policy in accordance with the applicable laws.
This Privacy Policy describes how Bensaw Technologies Private Limited (hereinafter referred to as “Bensaw” or “Upgame”) collects, uses, and shares your Personal Data that we receive from you when you use our application or which we otherwise receive or collect from you in the course of, or in connection with, the provision of our products and services and our business operations. It answers the following questions:
1. How do we collect Personal Data about you?
2. What Personal Data do we collect?
3. How do we use your Personal Data?
4. How do we keep your Personal Data safe?
5. How do we share your Personal Data?
6. Do we transfer your Personal Data outside the European Union?
7. What are your legal data privacy rights?
8. How long do we retain your Personal Data?
9. How do we protect children’s privacy?
10. How do we use your Personal Data to inform you and market to you? 11. How do we make changes to this Privacy Policy?
12. Who can you contact if you have further questions or requests about your privacy?
In this Privacy Policy, “Personal Data” means any information relating to an identified or identifiable user, who can be identified, directly or indirectly, in particular (but not limited to) by reference to his name, his email address, his IP address, etc. (“Personal Data”). Personal Data,
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however, does not include anonymized information that has been appropriately processed to make it non-identifiable in order to irreversibly prevent its identification.
This Privacy Policy is issued on behalf of the Bensaw Technologies Private Limited operating under the trade name “Upgame”, such that when we mention “Upgame”, "we," "us" or "our" in this Privacy Policy, we are referring to the company Bensaw Technologies Private Limited which is responsible for processing your Personal Data.
If you are based in Europe, you have the right to make a complaint at any time to the Information Commissioner’s Office or the supervisory authority of the country in which you are based. We would, however, appreciate the chance to deal with your concerns before you approach a supervisory authority therefore, kindly contact us in the first instance.
It is important that you read this Privacy Policy together with any other Privacy Policy or fair processing notice we may provide on specific occasions when we are collecting or processing Personal Data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them.
1. HOW DO WE COLLECT PERSONAL DATA ABOUT YOU?
1.1 We collect information from and about you when you register with us and/ or use our products, services or software applications (our “Service”), or access or use third-party services that use our application programming interface.
(i) When registering with us as a customer, we ask you for detailed information, which we will use to verify your identity and protect against fraud, among other reasons discussed below.
(ii) We gather Personal Data at other times when managing your Upgame account, such as from surveys, during provision of support or customer care.
(iii) We automatically collect information sent to us by your mobile phone or other device to improve your experience.
(iv) When you use a location-enabled device with our Service, we may collect geographical location data or use various means to determine your location, such as sensor data from your device that may, for instance, provide data on nearby cell towers and Wi-Fi access spots.
(v) We gather information pertaining to statistics of your performance and progress in golf to further enhance the performance via mobile application.
1.2 As you interact with our software application(s), we may automatically collect technical data about your equipment, browsing actions and patterns.
1.3 We may receive data from third parties about users. This may include technical data from analytics like Google, Squarespace, Crashylitics and the like.
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2. WHAT PERSONAL DATA DO WE COLLECT?
2.1 At Upgame, we only collect the Personal Data we need in order to offer and support our Service and meet our legal and regulatory obligations, which may vary depending on our relationship with you. Here is an overview of the Personal Data we collect from or about you:
2.2 Identity verification data
We may collect information from you, such as your name, email address, phone number or mailing address, when you choose to request information about our Services, register to receive Upgame newsletters and other communications by email, participate in promotions or loyalty programs that we may offer from time to time, request to receive support or otherwise communicate with us.
2.3 User account information
(i) Some information is required to create an account on our mobile application, such as your name, username, email address (which will be your login ID), password, date of birth (which we use to verify your age), and payment information.
(ii) If you choose to register for an account using your social media or other third-party credentials (if applicable), you will be asked to allow Upgame access to information accessible from such third-party site, such as your name, date of birth, profile picture, gender, networks, third-party site user ID, and other content and information
2.4 Payment Details and Subscriptions
(i) If you register or subscribe on Upgame for our Services, you provide your payment information, including name, credit or debit card number, card expiration date, CVV code, and billing address.
(ii) Your credit or debit card information is processed by payments processor and we do not collect, store or maintain the information related to your finance debit or credit cards. Those platforms or processors may retain this information in accordance with their own privacy policies and terms.
2.5 Golf data:
(i) We may collect precise geolocation data from your usage of our mobile application. We may also derive your approximate location from your IP address. You must enable location services in the mobile application while using our mobile application. You may disable location services within the mobile application at any time. Disabling location services may impact or eliminate certain functionalities in the mobile application and other Services.
2.6 We may also collect information specific to your golf game which includes but not limited to data points of strokes gained/ lost, fairways, dispersion to target lines, greens in regulation, approach shot data and proximities from different regions, dispersions to targets, short game
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data and its proximities, putting data on length, speed, break and line of putts, the X and Y coordinates of each shot marked on the map.
2.7 Application use data:
We may collect data on your interaction and use of our Services. This includes using our mobile application, sign-up activity and other details to enable you to access the features available on the mobile application related to golf along with any additional information you may disclose to our user support team in order to resolve problems which you report.
2.8 Your device data:
We collect and process your internet protocol (IP) addresses, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website or our mobile application.
2.9 Marketing data:
We collect and process your preferences in receiving marketing notifications from us, your email address, and where you may have seen Upgame advertisements.
3. HOW DO WE USE YOUR PERSONAL DATA?
3.1 We require your data to ensure that the Services assured and provided by Upgame, work in the first instance without any hindrance. Considering the Services that are provided by Upgame, without your name, and other identifiable details, we will not be able to offer you a seamless experience in relation to our Services.
3.2 We use your golf data to track your performance and provide you (and if you choose, others) with Services. We may also use your information to administer your account, send push notifications when you are using the Services, and connect you with other people who may use the Services. We use information we collect to tailor our Services to you, including to assess your needs and determine suitable content and Services, and to provide content based upon your interests.
3.3 We use information we collect to conduct research and analysis relating to our Services, and to improve the overall experience of all of our users. We also use the information to troubleshoot the errors; perform data analysis and testing; conduct research and surveys; and develop new features and Services.
3.4 We may use your phone number for our account two-factor authentication process. This includes sending SMS or text messages (including by an automatic telephone dialing system) to any of the phone numbers provided by you or on your behalf in connection with your Upgame account.
3.5 We strive to make sure that you can easily use our products without any impediments; however, your assistance will be required. Our customer care team may contact you to gather
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information in relation to your account data in order to fix any issues or answer your questions.
3.6 We may use your Personal Data to determine what may be of interest to you in accordance with the applicable law. This is how we decide which products, Services, and offers may be relevant for you. In accordance with the applicable law, we may obtain your express consent before we share your Personal Data with any outside third party for marketing purposes.
However, you can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us.
3.7 We want you to be aware of product updates, news, events, and promotions and, if you consent, we will send you information, including regular personalized emails, to keep you up to date with all the things related to Upgame.
3.8 We use data analytics to improve our mobile application, activities and operations, products/services, events, etc.
3.9 The primary legal grounds upon which we collect and process your Personal Data are: (ii) through obtaining your consent at the time of collection,
(iii) due to the necessity of doing so to perform the services as requested, (iv) in order to comply with our legal obligations, and
(v) to pursue our legitimate interests (e.g., to improve our services that is to enhance the performance of the user/ athlete in golf game).
3.10 Note that we may process your Personal Data for more than one lawful basis depending on the specific purpose for which we are using that data.
4. HOW DO WE KEEP YOUR PERSONAL DATA SAFE?
4.1 We have implemented security measures to prevent your Personal Data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. We follow the generally accepted industry standards to protect the Personal Data provided to us, both during transmission and receipt.
4.2 We protect your Personal Data by maintaining physical, electronic, and procedural safeguards, incorporating tested security technologies, in compliance with applicable laws. All information gathered is securely stored within Amazon Web Services cloud based infrastructure. We may use network safeguards such as firewalls and data encryption, enforce physical access controls, and authorize access to Personal Data only for those people who require access to fulfill their job responsibilities.
4.3 In addition, we limit access to your Personal Data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process your Personal Data on express instructions provided by Upgame and they are subject to the duty of
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confidentiality. Those with access to your Personal Data are carefully screened, periodically reevaluated, and are required to keep all your Personal Data confidential.
4.4 Although we make best possible efforts to store Personal Data in a secure operating environment that is not open to the public, you must understand that there is no such thing as complete security, and we do not guarantee that there will be no unintended disclosures of Personal Data. If we become aware that your Personal Data has been disclosed in a manner not in accordance with this Privacy Policy, we will use all necessary reasonable efforts to notify you about the same and extent of such disclosure as soon as reasonably possible and as permitted by law.
5. HOW DO WE SHARE YOUR PERSONAL DATA?
5.1 We sometimes share your information internally between employees and contractors/ clients of the Upgame, including those based outside the European Economic Area (“EEA”), in particular in connection with activities undertaken jointly or in common with such group members and/ or provide IT and system administration services and undertake management reporting.
5.2 We may share your information with any golf federation which is an affiliate of Upgame and has successfully subscribed to the membership of Upgame. However, the data of only those individual users shall be shared with such golf federation of which they are members themselves, and not with any other golf federation
5.3 It may be necessary to disclose your information to law enforcement agencies, regulators, government/ public officials, or other relevant third parties to comply with any law, subpoenas, court orders, or government request, defend against claims, investigate or bring legal action against illegal or suspected illegal activities, enforce our Terms, or to protect the rights, safety, and security of us, our users, or the public.
5.4 We may allow third party advertising partners to set up technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day, etc.). We may also combine and share such data and other information with third party advertising partners. These advertising partners may use such information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third-party website(s)
within their networks.
5.5 We may share your Personal Data with third party service providers to provide you with the Services that we offer you through our application; to facilitate creation of accounts; to provide technical support; to verify your identity; and/or to provide other services to us.
5.6 We require that those third parties agree to keep this information confidential and secure on the same conditions and protection levels we provide to you as a user, in accordance with relevant privacy laws, including but not limited to the European Union General Data Protection Regulation, Information Technology Act, 2000 etc.
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5.7 We may provide Personal Data to business partners with whom we jointly offer services as permitted by law. In such cases, our business partner’s name will appear with ours and you will be provided with the relevant information to identify such business partner in order to ensure complete transparency.
5.8 We may share some or all of your Personal Data with third parties (e.g. the purchaser or new owner) in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
5.9 The application belonging to Upgame may contain links to other third-party websites which are regulated by their own privacy policies. We are not responsible for the compliance with the privacy policies of these third-party websites even if they were accessed using the links from our application.
5.10 Other than as stated in this Privacy Policy, we do not disclose any of your Personal Data to third parties unless required to do so by law enforcement, court order, or in compliance with legal reporting obligations.
6. DO WE TRANSFER YOUR PERSONAL DATA OUTSIDE THE EUROPEAN UNION?
6.1 Many of our affiliates and third-party service providers are based outside the EEA, so processing of your Personal Data may involve a transfer of your Personal Data outside the EEA and may be maintained or accessed in servers or files located in countries outside the EEA.
6.2 Whenever we transfer any Personal Data outside the EEA, we will put in place an adequate level of protection to ensure that any such transfers comply and are consistent with applicable European Union and/or Indian data protection laws, including with respect to transfers among Upgame affiliates.
6.3 Please contact us at info@upgame.co if you want further information on the specific mechanism used by us when transferring Personal Data outside of the EEA.
7. WHAT ARE YOUR LEGAL DATA PRIVACY RIGHTS?
7.1 Under certain circumstances, you have rights under data protection laws in relation to your Personal Data which are set out in more detail below:
Request
access
This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.
Request
This enables you to have any incomplete or inaccurate data that has been submitted
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correction
by you corrected, though we may need to verify the accuracy of the new data you provide to us.
If you are unable to make the change on your own, please reach out to us via email on [info@upgame.co].
Request
deletion
This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have successfully exercised your right to object to processing.
However, it is clarified that your right of deletion would not be processed in the event we are required to retain your Personal Data in order to comply with a legal obligation or to establish or defend a legal claim. Where we are unable to comply with your request of deletion, we will notify you at the time of your request.
Object to processing
You have the right to object to the processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.
You also have the right to object where we are processing your Personal Data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request to transfer
If you ask us, we will provide you or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format.
Note that this right only applies to automated information which you initially provided consent for us to use.
Withdrawal of consent
This applies where we are relying on your consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you of the same at the time you submit the request to withdraw your consent.
You may send your request for withdrawal of the consent for usage and processing your personal data to us at info@upgame.co
8. HOW LONG DO WE RETAIN YOUR PERSONAL DATA?
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8.1 We will only retain your Personal Data for as long as it is needed to provide the Services you have requested, including for the purposes of satisfying any legal, accounting, or reporting requirements. These may include retention periods mandated by legal, contractual, or similar obligations; for resolving, preserving, enforcing or defending our legal and contractual rights; needed to maintain adequate and accurate business and financial records or how you access, update, or delete your data, etc.
8.2 When it is no longer necessary to retain your Personal Data, we will securely delete it, subject to applicable law and regulations.
9. HOW DO WE PROTECT CHILDREN’S PRIVACY?
9.1 We do not knowingly solicit or collect information from individuals under 15 years of age. If we become aware that a child under the age of 15 years has provided us with Personal Data, we take immediate measures and restrict their information. We seek consent from their parents /guardians for the same. In the event you believe that we might have collected Personal Data from a child under 18 years, please contact us.
10. HOW DO WE USE YOUR PERSONAL DATA TO INFORM YOU AND MARKET TO YOU?
10.1 In compliance with applicable laws, we may send you marketing information, including by email, and such information may include product and service updates, industry news, our events, activities and offers, information about our business and personnel, and tips. We may combine your Personal Data such as age, transaction history, account usage to improve the value and specificity of these communications.
10.2 You can ask us to stop sending you marketing messages or information at any time by following the “unsubscribe” link on any marketing message sent to you or by updating your contact preferences directly on the Upgame application
11. HOW DO WE MAKE CHANGES TO THIS PRIVACY POLICY?
We may update this Privacy Policy from time to time as we deem necessary or appropriate in our sole discretion. If there are any changes to this Privacy Policy, we will notify you by email, by means of a notice on the Upgame website and/or mobile application, or as otherwise required by applicable law. We encourage you to review this Privacy Policy periodically to be informed regarding how we are using and protecting your information and to be aware of any policy changes. Any changes to this Privacy Policy take effect immediately after being posted or otherwise provided by us. The latest updated version of Privacy Policy shall be indicative through the date along with it.
12. WHO CAN YOU CONTACT IF YOU HAVE FURTHER QUESTIONS OR REQUESTS ABOUT YOUR PRIVACY?
12.1 You can direct any questions or complaints about the use or disclosure of your Personal Data to us by contacting us as set out below. We will investigate and attempt to resolve any complaints or disputes regarding the use or disclosure of your Personal Data as soon as
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possible. We try to respond to all legitimate requests within 30 (thirty) days from date of receipt of the complaint. Occasionally it may take us longer than the same if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
12.2 Any complaints or concerns with regards to any content on the website and/or application or any breach of this Privacy Policy can be directed to the designated Grievance Officer Sameer Sawhney through email signed with electronic signature at sameer@upgame.co
12.3 If you are resident in the European Union and are dissatisfied with the resolution of your complaint in respect of your EEA Personal Data, you may contact the European Union data protection authority in your jurisdiction using the contact details provided here for further information and assistance.
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