Privacy Policy

1. Overview

At Infybytes AI Labs Private Limited (“Company”/“we”/“us”/“our”), we are committed to upholding the privacy and security of the information supplied by every person (“User”/“You”/“Your”) accessing and using https://www.thehomeworkapp.ai/ (“Site”), the Company’s mobile applications, including “Homework App” (“Application”) (hereinafter collectively referred to as the “Platform(s)”). This privacy policy (“Policy”) explains the types of information collected by the Company when you use the Platform that references this Policy, how we collect, use, share and store such information collected and also explains the rationale for the collection of such information, the privacy rights and choices you have regarding your information submitted to us when you use the Platform.

The Platforms are governed by this Policy, the Terms, and Conditions, and any other rules, policies, or guidelines published on the Platform as applicable to you (collectively referred to as the “Guidelines”). Please read this Policy carefully prior to accessing and using our Platforms. By accessing and using the Platform, providing any information including your Personal Information (as defined below), or by otherwise signaling your agreement when the option is presented to you, you consent to the collection, use, disclosure, sharing, and storing of information described in the Guidelines, and the Company disclaims all the liabilities arising therefrom. If you have inadvertently submitted any Personal Information to the Company prior to reading this Policy statements set out herein, or you do not agree with the way your Personal Information is collected, stored, or used, then you may access, modify and/or delete your Personal Information in accordance with this Policy (refer to the sections about ‘Your Choices’ and ‘Your Rights’).

If any information that you have provided or uploaded on the Platform violates the Guidelines, the Company may be required to delete such information upon informing you of the same and revoke your access to the Platform if required.

2. Access

You may be allowed to access and view the Platform in a limited sense as a guest and without creating an account on the Platform or providing any Personal Information. The Company does not validate and takes no responsibility towards information, if any, provided by you as a guest, except as otherwise required under any law, regulation, or an order of a competent authority. However, to have access to all the features and benefits on our Platform, you are required to first create an account on our Platform. To create an account, you are required to provide certain Personal Information as may be required during the time of registration (including, but not limited to, email address and phone/ mobile number) and all other information requested on the registration page. The Company may, in the future, include other optional requests for information from you to help the Company to customize the Platform to deliver personalized services and information to you.

If you do not fulfill the Age Requirement, you may use the Platform with the consent of, and under the supervision of your parent or legal guardian (“Parent”). Accordingly, in such a case, the Parent must agree to these at the time of registration on the Platform. It is clarified that persons who do not fulfill the Age Requirement are not eligible to register on the Platform by themselves. The Company reserves the right to terminate the account and/or restrict access to the Platform, if it is discovered that you do not meet the Age Requirement and/or the consent to register and use the Platform has not been validly obtained from the Parent. You acknowledge that the Company does not have the responsibility to ensure that you conform to the Age Requirement. It shall be your sole responsibility to ensure that the required qualifications are fulfilled. By using the Platform, you, through your actions, affirm that the Age Requirement is fulfilled.

3. Definitions

Act” shall mean the Information Technology Act, 2000 and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

Age Requirement(s)” shall mean the attainment of at least 18 (eighteen) years of age to register and use the Platform.

“Personal Information” shall mean any information that relates to the User, which, either directly or indirectly, in combination with other information available or likely to be available with the Company, is capable of identifying the User, including, but not limited to, first and last name, identification number, email address, age, gender, location and/or phone number provided at the time of registration or any time thereafter on the Platform.

“Sensitive Personal Information” shall have the meaning assigned under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

Usage of the term ‘Personal Information’ shall include ‘Sensitive Personal Information as may be applicable to the context of its usage.

The Company will bear no liability for any Personal Information provided by the User of their own free will and accord which is not requested by the Company.

4. Information We Collect

We only collect information about the User for (i) effective and smooth operation of the Platforms, (ii) to communicate with the User, and/or (iii) to make our Platforms better. We collect User information basis the following:

General Personal Information we collect from you:

1. Basic account information: In order to access certain features of the Platform, you will need to create an account and register with us by providing your name, email address, state of residence country, and password, along with a username and phone/ mobile number

2. Information when you communicate with us: When you write to us with a question or to ask for help, we will keep that correspondence, and the information that you provide us (including any Personal Information), for future reference; this may also include any phone/ mobile numbers if you have provided us the same as part of your communication either in writing (emails included), over a phone call or otherwise. When you browse pages on our Platform, we may track such browsing for statistical purposes which may be to improve the Platform. [You may also provide us your Personal Information or other information when you respond to surveys, enter any form of contests, tests, events, competitions, webinars, etc., hosted by the Company, either on the Platform or otherwise,] or when you otherwise communicate with us via form, e-form, email, phone, or otherwise, we store a copy of our communications (including any call recordings or emails, if any, as permitted by applicable law).

Information we collect automatically:

1. Device and Log information: When you access our Platform, we collect information that web browsers, mobile devices, and servers typically make available, including the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and network information. We collect log information when you use our Platform, for example, when you create or make changes to your account information on the Platform.

2. Usage information: We collect information about your usage of our Platform. We also collect information about what happens when you use our Platform (e.g., page views, searches and use of features) along with information about your Device (e.g., screen size, name of cellular network, and mobile device manufacturer). We use this information to provide our Platform to you, get insights on how people use our Platform so that we can make our Platform better, and understand and make predictions about User retention.

3.Location information: We may determine the approximate location of your Device from your Internet Protocol (IP) address. We may collect and use this information to calculate how many people visit from certain geographic regions or to improve our Platform.

Information from cookies & other technologies: We may collect information about you through the use of cookies and other similar technologies. A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns.

5. Basis of collection and processing of Your Personal Information

(a) The basis for collection:

We collect and process your Personal Information based on the following parameters depending upon the nature of Personal Information and the purposes for which it is processed:

(i) Consent: We rely on your consent to process your Personal Information in certain situations. If we require your consent to collect and process certain Personal Information, as per the requirements under the Act, your consent is sought at the time of collection of your Personal Information and such processing will be performed where consent is secured.

(ii) Compliance with a legal obligation: Your Personal Information may be processed by us, to the extent that such processing is necessary to comply with a legal obligation or a requirement under applicable laws.

(b) Processing of your Personal Information:

We may process your Personal Information in connection with any of the purposes and uses set out in this Policy. We do not use Personal Information for making any automated decisions affecting or creating profiles other than what is described in this Policy. You have the right to withdraw your consent at any point in time in accordance with this Policy. Please note that withdrawal of consent may result in us not being able to continue offering our Platforms to you, and we reserve the right to withdraw or cease from offering our Platforms to you upon your consent withdrawal. [You may withdraw consent by contacting us with a written request to the contact details provided in the ‘Grievances’ section below. Upon receipt of your request to withdraw your consent, the consequences of withdrawal may be communicated to you. Upon your agreement to the same, your request for withdrawal will be processed.]

6. How do we use and share the Personal Information collected by us

(a) We use/process your information in the following manner:

(1) To provide services on our Platform: We use your information as collected by us to allow you to access the Platform and the services offered therein, including without limitation to set up and maintain your account, provide customer service, verify User information, and to resolve any glitches with our Platform.

(2) To improve our Platform and maintain safety: We use your information to improve and customize the Platform, including providing automatic updates to newer versions of our Platform and creating new features based on the Platform usage analysis. Further, we also use your information to prevent, detect, investigate, and take measures against misuse of or damage to our Platform or network, and other threats and violations to the Company’s or a third party's rights and property, or the safety of the Company, its users, or others.

(3) To market our Platform and communicate with You: We will use your information to develop more targeted marketing of our Platform, to communicate with you about our offers, new products, and services or even receive your feedback on the Platform.

(4) To establish, exercise, or defend legal claims: We may process any Personal Information identified in this Policy when necessary for establishing, exercising, or defending legal claims, whether in court, administrative, or other proceedings. We may also process your Personal Information to comply with our legal obligations as well as to keep records of our compliance processes.

(5) To manage risk and obtain professional advice: We may process any of the Personal Information identified in this Policy to manage risk or obtain professional advice, however, we do not share such Personal Information with the professional advisors.

(6) Consent: We may otherwise use your information with your consent or at your direction.

(7) For legitimate interests: We may process your Personal Information because our legitimate interests, or those of a third-party recipient of your Personal Information, make the processing necessary, provided those interests are not overridden by your interests or fundamental rights and freedoms.

(8) Public information: We may process your Personal Information because you have chosen to publish or display your Personal Information in a public area of the Platform.

(9) To better understand Our Users: We may use the information we gather to determine which areas of the Platform are most frequently visited to understand how to enhance the Platform.

(b) We share the information collected as per terms of this Policy only in the manner specified in this Policy. We do not sell or otherwise disclose the Personal Information we collect about you for monetary or other valuable consideration. Further, only authorized representatives of the Company and on a need-to-know basis use any information received from you and as consented by you. In the event of any identified unauthorized use or disclosure of information or upon your complaint as stated under the ‘Grievances’ section below, we will investigate any such complaint and take the appropriate action.

(1) Affiliates and Subsidiaries: We may disclose information about you to our affiliates, subsidiaries, and other businesses under the same control and ownership, and their respective officers, directors, employees, accountants, attorneys, or agents, who need the information to help us provide the Platform or process the information on our behalf. We require our affiliates, subsidiaries, and other businesses under the same control and ownership to follow this Policy for any Personal Information that we share with them.

(2) Third-party vendors/service providers including integrated services on the Platform: We may share information about you with third-party vendors or service providers (including consultants, payment processors, and other service providers and integrated services) who need the information to provide their support services to us or you, or to provide their services to you on our behalf either directly or through the Platform. These services may include providing customer support, performing business and sales analysis, supporting Platform functionality, and supporting other features offered on our Platform. Such third-party vendors are not allowed to use the information for any purpose other than what it was provided for, and they are required to process and use the information in accordance with this Policy.

(3) Legal Disclosures: We may disclose information about you in response to a court order, or other governmental requests. Without limitation to the foregoing, we reserve the right to disclose such information where we believe in good faith that such disclosure is necessary to:

- comply with applicable laws, regulations, court orders, and government and law enforcement agencies’ requests;
- protect and defend the Company’s or a third party's rights and property, or the safety of the Company, our users, our employees, or others; or
- prevent, detect, investigate and take measures against criminal activity, fraud, and misuse or unauthorized use of our Platform and/or to enforce our Terms and Conditions or other agreements or policies.

To the extent permitted by law, we will attempt to give you prior notice before disclosing your information in response to such a request.

(4) Business transfers: In the event, the Company undergoes any merger, acquisition, or sale of company assets, in part or in full, with another company, or in the unlikely event that the Company goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Policy would continue to apply to your information and the party receiving your information may continue to use your information, but only consistent with this Policy.

(5) Advertising and Analytics Partners: We may share usage data with third-party advertisers, advertisement networks, and analytics providers through cookies and other similar technologies.

Your information may be shared for reasons not described in this Policy, however, we will seek your consent before we do the same or share information upon your direction.

7. Duration for which your Personal Information is stored with the Company

When you delete any of the information provided by you or when you delete your account, on the Platform, the same will be deleted from our servers too. However, in certain cases, we will retain your information for as long as it is required for us to retain it for the purposes stated in this Policy, including for the purpose of complying with the legal obligation or business compliances.

Further, please note that we may not be able to delete all communications or photos, files, or other documents publicly made available by you on the Platform (for example comments, feedback, etc.), however, we shall anonymize your Personal Information in such a way that you can no longer be identified as an individual in association with such information made available by you on the Platform. We will never disclose aggregated or de-identified information in a manner that could identify you as an individual.

Note: If you wish to exercise any of your rights (as specified in ‘Your Rights’ section below) to access, modify and delete any or all information stored about you, then you may do so by using the options provided within the Platform. You can always write to us at care@octoapp.ai for any clarifications needed.

8. Your Choices

(a) Limit the information You provide: You always have an option to choose the information you provide to us, including the option to update or delete your information. However, please note that lack of certain information may not allow you access to the Platform or any of its features, in part or in full.

(b) Limit the communications You receive from us: Further, you will also have the option to choose what kind of communication you would like to receive from us and whether you would like to receive such communication at all or not. However, there may be certain communications that are required for legal or security purposes, including changes to various legal agreements, that you may not be able to limit.

(c) Reject Cookies and other similar technologies: You may reject or remove cookies from your web browser; you will always have the option to change the default settings on your web browser if the same is set to ‘accept cookies’. However, please note that some services offered on the Platform may not function or be available to you, when the cookies are rejected, removed, or disabled.

9. Your Rights

(a) Right to Confirmation and Access: You have the right to get confirmation and access to your Personal Information that is with us along with other supporting information.

(b) Right to Correction: You have the right to review the Personal Information provided to us, and to ask us to rectify your Personal Information that is with us that you think is inaccurate. You also have the right to ask us to update your Personal Information that you think is incomplete or out-of-date.

(c) Right to Erasure: If you wish to withdraw/remove your Personal Information from our Platform, you have the right to request erasure of your Personal Information from our Platform. However, please note that such erasure will remove all your Personal Information from our Platform (except as specifically stated in this Policy) and may result in the deletion of your account on the Platform permanently, and the same will not be retrievable.

You are entitled to exercise your rights as stated above only with respect to your information, including Personal Information, and not that of other Users. Further, when we receive any requests or queries over email or physically to the address specified in the ‘Grievances’ section below, we may need to ask you a few additional information to verify your identity in association with the Platform and the request received.

10. Information Security

(a) We work to protect the security of your information during transmission by using Transport Layer Security (TLS) or Secure Sockets Layer (SSL) software (depending on your browser/Device), which encrypts information you input in addition to maintaining the security of your information as required under applicable laws.

(b) We maintain electronic and procedural safeguards in connection with the collection, storage, and disclosure of Personal Information. Our security procedures mean that we may occasionally request proof of identity before we disclose Personal Information to you that belongs to you.

(c) No form or method of data storage or transmission system is fully secure, and we cannot guarantee that the security provided by such system(s) is absolute and that your information will not be accessed, disclosed, or destroyed in the event of a breach of any of our security measures.

(d) It is important for you to protect your account against unauthorized access to or use of your password and to your computer and if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you must immediately change your password or inform us, so that we are able to help you stop or prevent such unauthorized access. Be sure to sign off when you finish using a shared Device.

(e) We try and ensure that the third parties who provide services to us under appropriate contracts take appropriate security measures to protect Personal Information in line with our policies.

11. Promotional Communications

You will always have the option to opt-out of receiving some or all of our promotional communications through the setting provided within the Platform upon your login, by using the unsubscribe link in any email communications sent to you or by emailing at care@octoapp.ai

If you opt-out of promotional communications, we may still send you service announcements, administrative and legal notices, and information about your account, without offering you the opportunity to opt-out of these communications. If you no longer wish to use our Platform or receive any communications from us (except for those that are legally required), then you may delete your account by using the option enabled within the Platform or by writing to us at care@octoapp.ai

Please note that opting out of promotional email communications only affects future communications from us. If we have already provided your information to a third party (as stated in this Policy) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party.

We do not sell your Personal Information to third parties, and we do not use your name or the name of your company in marketing statements without your consent.

12. Modifications to this Policy

Subject to changes in our businesses, the Policy may change from time to time. We may, at our discretion (unless required by applicable laws to mandatorily do so), email periodic reminders of our notices and conditions, unless you have instructed us not to, but we encourage you to check our Platform frequently to see the recent changes. Unless stated otherwise, our current Policy applies to all information that we have about you and your account. We stand behind the promises we make, however, and will not materially change our policies and practices making them less protective of customer information collected in the past without your consent.

13. Grievances

If you have any questions about this Policy, wish to exercise your rights, have concerns about privacy or grievances at Platform, please register your complaint with a thorough description via email to harshvardhan.mandad@octoapp.ai addressed to our grievance officer Harshvardhan Mandad, Founder, or via a registered post to the following address:

L-148, 5th Main Road,
HSR Layout, Sector 6
Bengaluru, Karnataka, India, 560102

Privacy Policy – Version 1.1
Last Updated on 26th June 2022