PRIVACY POLICY
I. General
a) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical, electronic or digital signatures.
b) This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.talkinglands.com
c) The domain name www.talkinglands.com ("Website"), is owned and operated by TALKING LANDS TECHNOLOGIES PVT. LTD. ("Company") a Company incorporated under the provisions of the Companies Act, 2013, and having its registered office at #304, 3rd Floor, Shravanee Premier Building, 10th Main Road, Ashoka Pillar Road, Jayanagar 3rd Block, Bengaluru – 560011, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns. We value the trust you have in us. Therefore, we insist upon the highest standards for secure transactions and customer information privacy.
d) For the purpose of this Privacy Policy ("Policy"), wherever the context so requires, (i) The term 'You' & 'User' shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872; (ii) The terms 'We', 'Us'& 'Our' shall mean the Website and/or the Company, as the context so requires. (iii) The terms 'Party' & 'Parties' shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
e) This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.talkinglands.com
f) This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.talkinglands.com
g) This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.talkinglands.com
h) This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.talkinglands.com
i) This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.talkinglands.com
II. WHAT WE COLLECT
a) The User expressly agrees and acknowledges that the Company collects and stores the User's personal information, non-personal information and other information which is provided by the User from time to time on the Website including but not limited to the following:
Personal Information:
- User name
- Passwords
- Email address or other contact information,
- Name
- Address
- Age
- Date of birth
- Sex/Gender
- Nationality
- Property buying preferences, behaviours & trends
- Browsing history
- Financial information such as bank account information or credit card or debit card or other payment instrument details
- Identification code of the communication device which is used to access the Website or otherwise deal with TalkingLands
- Any other Information that is provided during the registration process, if any, on the Website.
- Information regarding the transactions on the Website, (including sales or purchase history)
- Any images or other information uploaded/published by the User on the Website.
- The User is aware that this information will be used by the Company/Website to provide services and features targeted at the User, that are most likely to meet the User's needs, and also to customize and improve the Website to make its user's experiences safer and easier.
- Such Personal Information may be collected in various ways including during the course of the User:
- Registering as a user on the Website,
- availing services offered by TalkingLands on the Website,
- availing certain services offered on the Website. Such instances include but are not limited to participating in any online survey or contest, communicating with TalkingLands’s customer service by phone, email or otherwise or posting any feeback or reviews on the services or products available on the Website, or otherwise doing business on the Website
Non-Personal information:
- geographic location,
- details of telecom service provider or internet service provider,
- the type of browser (Internet Explorer, Firefox, Opera, Google Chrome, Safari etc.),
- the operating system (OS) of the system of the User, device and the Website the User last visited before visiting the Website,
- The duration of the User’s stay on the Website is also stored in the session along with the date and time of the User access.
b) Non-Personal Information is collected through various ways such as through the use of cookies. TalkingLands may store temporary or permanent cookies on the User computer. The User can erase or choose to block these cookies from the computer. The User can configure the User computer’s browser to alert when we attempt to send a cookie with an option to accept or refuse the cookie. If the user has Sturned cookies off, they the User may be prevented from using certain features of the Website. Please do note that Personal Information and Non-Personal Information may be treated differently as per this Privacy Policy.
c)The User hereby represents to TalkingLands that the Information provided to TalkingLands from time to time is and shall be authentic, correct, current and updated and the User have all the rights, permissions and consents as may be required to provide such Information to TalkingLands. The User will be providing the Information to TalkingLands and TalkingLands’ consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third-party agreement, laws, charter documents, judgments, orders and decrees.
d) The User is aware that the Company/Website may automatically track certain information about the User based upon the User's IP address and the User's behaviour on the Website, and the User expressly consents to the same. The User is aware that this information is used to do internal research on user demographics, interests, and behaviour, to enable the Company/Website to better understand, and cater to the interests of its users. The User is expressly made aware that such information may include the URL that the User visited prior to accessing the Website, the URL which the User subsequently visits (whether or not these URLs form a part of the Website), the User's computer & web browser information, the User's IP address, etc.
e) If the User chooses to post messages / reviews / feedback anywhere on the Website, including but not limited to message boards, chat rooms, other message areas, etc., the User is aware that any and all such information provided / uploaded will be collected and stored by the Company indefinitely, and that such retained information may be used to resolve disputes, provide customer support, troubleshoot problems, etc., and that such information, if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or otherwise used by the Company/Website as permitted by applicable laws.
f) The User is aware that any and all information pertaining to the User collected by the Company, whether or not directly provided by the User to the Company/Website, including but not limited to personal correspondence such as emails or letters, feedback from other users or third parties regarding the User's activities or postings on the Website, etc., may be collected and complied by the Company/Website into a file/folder specifically created for / allotted to the User, and the User hereby expressly consents to the same.
g) The User is aware that while browsing some sections of the Website does not necessitate registration, certain activities mandate the User to provide valid personal information to the Company/Website during the registration process. Lead as a platform, it is important for the User to provide data/details to the developer, as the customer will play a leading role. Additionally, the User acknowledges that the contact information shared with the Company/Website may be utilized to send offers and promotions to the User, regardless of their previous orders and interests. By continuing, the User expressly consents to receiving such communications.
h) The User is aware that the Company/Website may occasionally request the User to complete optional online surveys. These surveys may require the User to provide contact information and demographic information (like zip code, age, income bracket, gender, etc.). The User is aware that this data to is used to customise the Website for the benefit of the User and providing all users of the Website with products/services/content that the Company/Website believes they might be interested in availing of, and also to display content according to the User's preferences.
i) The User is further aware that the Company/Website may occasionally request the User to write reviews for properties and developers on the Website. The User is aware that such reviews will help other users of the website make prudent and correct purchases, and also help the Company/Website Developers/Brokers/Brokerage Firms/Land-Owners/Channel Partners whose products are unsatisfactory in any way, and the User hereby expressly authorises the Company/Website to publish any and all reviews written by the User on the Website, along with the User's name and certain contact details, for the benefit and use of other Users of the Website.
j) The User is further aware that the Company/Website may occasionally request the User to write reviews for properties and developers on the Website. The User is aware that such reviews will help other users of the website make prudent and correct purchases, and also help the Company/Website Developers/Brokers/Brokerage Firms/Land-Owners/Channel Partners whose products are unsatisfactory in any way, and the User hereby expressly authorises the Company/Website to publish any and all reviews written by the User on the Website, along with the User's name and certain contact details, for the benefit and use of other Users of the Website.
k) Nothing contained herein shall be deemed to compel the Website/Company to store, upload, publish, or display in any manner content/reviews/surveys/feedback submitted by the User, and the User hereby expressly authorises the Website/Company to remove from the Website any such content, review, survey, or feedback submitted by the User, without cause or being required to notify the User of the same.
III. COOKIE POLICY
a) The User is aware that a 'Cookie' is a small piece of information stored by a web server on a web browser so it can later be traced back from that particular browser, and that cookies are useful for enabling the browser to remember information specific to a given user, including but not limited to a User's login identification, password, etc. The User is aware that the Website places both permanent and temporary cookies in the User's computer's hard drive and web browser, and does hereby expressly consent to the same.
b) The User is further aware that the Website uses data collection devices such as cookies on certain pages of the Website to help analyse web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Website are only available through the use of such cookies. While the User is free to decline the Website's cookies if the User's browser permits, the User may consequently be unable to use certain features on the Website. By continuing the use of the Site, you are agreeing to our use of cookies. If you do not agree to our use of cookie, you can block them in your browser setting, but you may lose some functionality on the Site.
c) To make this site work properly, we sometimes place small data files called cookies on your device. A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. It enables the website to remember your actions and preferences (such as login, shopping cart, or other preferences) over a period of time, so you do not have to keep re-entering them whenever you come back to the site or browse from one page to another. We have put our cookies into the following categories to make it easier for you to understand why we need them -
- Strictly necessary: These are used to help make our website work efficiently, provide security features on our website, and provide services you've asked for, like Watchlist or Wishlist.
- Performance: These are used to analyze the way our website works and how we can improve it.
- Functionality: These help to enhance your experience by remembering choices you've made concerning the features of the website (e.g. username, language, region you are in).
- Advertising/Targeting. These cookies are used to deliver advertisements more relevant to you and your interests. They remember that you have visited a website and this information is shared with other organizations such as advertisers.
IV. WITH WHOM WE SHARE THE PERSONAL AND SENSITIVE INFORMATION
a) The User is aware that the Website/Company may share the User's personal information with other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of the Website's services; and to facilitate joint or co-branded services.
b) The User is aware that the Website/Company may disclose personal information if required to do so by law or if the Website/Company in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Website/Company may also disclose the User's personal information to law enforcement offices, third party rights owners, or other third parties if it believes that such disclosure is reasonably necessary to enforce the Terms or Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of its users, or the general public.
c) The User is further aware that the Website/Company and its affiliates may share / sell some or all of the User's personal information with other business entities should the Company/Website (or its assets) plan to merge with, or be acquired by such business entity, or in the event of re-organization, amalgamation, or restructuring of the Company's business. Such business entity or new entity will continue to be bound be the Terms and Policy, as may be amended from time to time.
V. SECURITY
a) The security of the User’s Personal Information is important to us. We strive to ensure the security of the User’s Personal Information and to protect Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. TalkingLands shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of the User’s Information. Provided that the User’s right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and the User hereby waives and releases TalkingLands from any claim of damages under contract or under tort.
b) Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User's credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with. We endeavour to keep your Personal and Sensitive information secure, up-to-date, accurate in the best possible manner as it may be necessary for the purpose for which it was collected. We value the importance you attach to your Personal and Sensitive Information given to us and therefore we have (i) taken all reasonable measures and precautions to keep such information safe and secure and to prevent any unauthorized access to or misuse of the same; and (ii) enable you to review and edit the same. However, we shall not be liable to any user for any loss, damage (whether direct, indirect, consequential or incidental) or harm caused to the user due to the unauthorized access or misuse of the Personal or Sensitive Information by any third party.
c) Notwithstanding anything contained in this Policy or elsewhere, TalkingLands shall not be held responsible for any loss, damage or misuse of the User’s Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
d) A “Force Majeure Event” shall mean any event that is beyond the reasonable control of TalkingLands and shall include, without limitation, sabotage, pandemics, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, order of lockdowns imposed by government restraining function of critical information technology services, computer hacking, unauthorised access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond reasonable control of TalkingLands), power or electricity failure or unavailability of adequate power or electricity.
e) While We will endeavour to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about the User and prevent unauthorized access, The User acknowledges that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of the User’s Personal Information.
f) The User agrees that all Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.
VI. THIRD PARTY ADVERTISEMENTS / PROMOTIONS
The User is aware that the Company/Website uses third-party advertising companies to serve ads to the users of the Website. The User is aware that these companies may use information relating to the User's visits to the Website and other websites in order to provide customised advertisements to the User. Furthermore, the Website may contain links to other websites that may collect personally identifiable information about the User. The Company/Website is not responsible for the privacy practices or the content of any of the aforementioned linked websites, and the User expressly acknowledges the same and agrees that any and all risks associated will be borne entirely by the User.
VII. USER'S CONSENT
By using the Website and/ or by providing information to the Company through the Website, the User consents to the collection and use of the information disclosed by the User on the Website in accordance with this Policy, including but not limited to the User's consent the Company/Website sharing/divulging the User's information, as per the terms contained hereinabove in Section 4 of the Policy.
VIII. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the email id of the Grievance Officer is provided below: Email address: legal@talkinglands.com
IX. DISPUTE RESOLUTION AND JURISDICTION
a) It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of this Policy and any disputes arising here from will be resolved through Arbitration mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy and/or Terms. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
b) Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Bengaluru in the state of Karnataka, India.
c) The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Bengaluru shall have exclusive jurisdiction over any disputes arising between the Parties. ** X. FURTHER ACKNOWLEDGEMENTS**
- The User acknowledges that the Website is clear and easily accessible and provides statements of TalkingLands policies and practices with respective to the User’s Information.
- The User acknowledges that the trademarks, logos and service marks displayed on the Website ("Marks") are the property of TalkingLands or its affiliates or their vendors or respective third parties. The User is not permitted to use the Marks without the prior consent of TalkingLands or its affiliates, the vendor or the third party that may own the Marks.
- The User acknowledges that the Website provides for the various types of personal or sensitive personal data of information to be collected.
- The User acknowledges that the Website provides for the purposes of collection and usage of the Information.
- The User acknowledges that the Website provides for disclosure of Information.
- The User acknowledges that the Website provides for reasonable security practices and procedures.
XI. CONTACT INFORMATION
Customer Support
E-mail id: support@talkinglands.com
Phone: 7026088339
Contact Us: Monday to Friday (10 a.m. to 6 p.m.)