PRIVACY
POLICY
DateShala
Last Updated: [●]
This Privacy Policy and Privacy Notice
("Policy") explains how [Legal Entity Name], having its registered
office at [●] ("Company", "DateShala", "we",
"us" or "our"), collects, receives, stores, uses,
processes, shares, discloses, retains, transfers, protects and deletes personal
data in connection with the DateShala website, mobile application, web
application, software, services, chat, audio call, video call, live session,
wallet, recharge, payment, host/expert interaction, support, safety, reporting
and related features (collectively, the "Platform").
This Policy is intended to operate
consistently with DateShala’s Terms of Use, User Terms, Host Terms, Community
Guidelines, Cookie Policy and any other policies published by DateShala from
time to time. In case of any inconsistency between this Policy and any other
policy, this Policy shall prevail in relation to processing of personal data,
unless a more specific privacy notice or consent notice is issued for a
particular feature.
1.
Definitions
1.1. "Applicable Law" means all
laws, statutes, rules, regulations, notifications, directions, orders,
judgments and guidelines applicable to DateShala, the Platform or the
processing of personal data.
1.2. "Data Fiduciary" has the
meaning assigned under the DPDP Act and, for the purposes of this Policy,
generally refers to DateShala where it determines the purpose and means of
processing personal data.
1.3. "Data Principal" means the
individual to whom the personal data relates. For the Platform, this includes
Users, Hosts/Experts, visitors, and other individuals interacting with
DateShala.
1.4. "Data Processor" means any
person, vendor, contractor or service provider that processes personal data on
behalf of DateShala.
1.5. "Host or Expert" means any
host, expert, advisor, creator, consultant, service provider or similar person
onboarded or permitted by DateShala to provide services or interactions through
the Platform.
1.6. "Personal Data" means any
data about an individual who is identifiable by or in relation to such data,
including digital personal data as defined under the DPDP Act.
1.7. "Processing" includes
collection, recording, organisation, storage, use, sharing, disclosure,
retrieval, alignment, combination, restriction, erasure or destruction of
personal data.
1.8. "User" means any person who
accesses or uses the Platform as a visitor, customer, subscriber, account
holder, participant or recipient of services.
1.9. "Wallet" means any digital
balance, credit, coin, point, recharge amount, promotional balance or similar
in-app value made available for use on the Platform.
2.
Scope and Applicability
2.1. This Policy applies to
personal data processed by DateShala through the Platform, including personal
data collected in digital form and personal data collected offline and
digitised subsequently.
2.2. This Policy applies to
Users, Hosts/Experts, applicants for Host onboarding, visitors, customer
support complainants, grievance complainants, nominees, authorised
representatives, vendors, and any person whose personal data is processed in
connection with the Platform.
2.3. This Policy does not
apply to personal data processed by individuals for purely personal or domestic
purposes, or to third-party websites, apps or services that are not controlled
by DateShala.
2.4. Where a third-party
service, payment gateway, app store, cloud provider, analytics provider,
communication SDK or external website processes data independently, the privacy
policy of that third party may also apply.
3.
DateShala as Data Fiduciary
3.1. DateShala will
ordinarily act as a Data Fiduciary for personal data processed for operating
and managing the Platform, creating accounts, enabling calls/chats/video
interactions, processing payments (through payment gateways), providing
support, moderating content, preventing fraud, ensuring safety, complying with
law and enforcing Platform policies.
3.2. DateShala may engage
Data Processors, including cloud hosting providers, payment gateways,
OTP/SMS/email vendors, analytics providers, video/audio SDK providers,
moderation tools, customer support tools, KYC/verification vendors, crash
reporting tools, fraud detection tools, and other service providers.
3.3. Hosts/Experts may
receive limited User information only for providing permitted Platform
services. Hosts/Experts are bound by the Host Policy, confidentiality
obligations, data protection obligations, and Platform instructions, and must
not misuse or independently store User personal data.
4.
Personal Data We Collect
4.1. Depending on how you
use the Platform, DateShala collects the following categories of personal data.
Not all categories will apply to every person or feature.
4.2. The following summary
is provided to help Data Principals understand major processing purposes. The
actual data processed may depend on the features used by you.
|
Category |
Personal Data |
Primary Purpose |
Duration |
|
Account and identity data |
·
Name ·
Mobile number ·
Email address ·
Username ·
Date of birth ·
Age declaration ·
Gender ·
Password/OTP status ·
Login method |
Account creation, authentication, eligibility, age
gating, security, and support.
|
For as long as the account remains active and thereafter
only for as long as necessary for legal, regulatory, security,
fraud-prevention, dispute-resolution, enforcement, tax or audit purposes,
subject to erasure under applicable law. |
|
Profile and preference data |
·
Profile photo ·
Bio ·
Language ·
Interests Relationship Preferences ·
Categories selected ·
Availability Ratings/reviews |
Profile creation, discovery, recommendations, matching,
service delivery and user experience.
|
For as long as the account remains active or the relevant
purpose continues, unless earlier deletion is requested and retention is not
required under applicable law. |
|
Host onboarding data |
·
Identity document ·
Age proof ·
Address proof ·
PAN details ·
Bank details ·
Payout details |
Host onboarding, KYC, payout, tax, compliance, fraud
prevention and legal obligations. |
For the duration of the host relationship and thereafter
for the period required under applicable tax, accounting, payment, KYC,
contractual, fraud-prevention, audit or legal requirements. |
|
Communication and interaction data |
·
Chats ·
Support tickets ·
Reports ·
Complaint records. |
Providing chat/call/video services, billing, safety,
moderation, dispute resolution, and legal compliance. |
For as long as necessary to provide the services, ensure
safety, resolve complaints or disputes, investigate violations, or comply
with legal obligations. |
|
Audio/video/session data |
·
Audio/video streams, session images or recordings, where
monitoring is enabled for moderation, or where reports are received against
User or Host.
|
Safety, quality, compliance, training, moderation,
complaint review, and evidence preservation. |
For the limited period of 72 Hours necessary for safety,
moderation, complaint review, quality review, legal compliance or evidence
preservation, unless longer retention is required by law, or for the purposes
of moderation. |
|
Payment and transaction data |
·
Wallet balance ·
Recharge history ·
Credit/coin usage Subscription status ·
Transaction ID ·
Payment status ·
Refunds ·
Chargebacks ·
Invoices ·
Tax data |
Payments, billing, wallet management, refunds,
accounting, fraud prevention, and statutory compliance. |
For the period required for payment processing, billing,
refunds, chargebacks, accounting, tax, audit, fraud-prevention and statutory
compliance. |
|
Device and technical data |
·
IP address ·
Device ID ·
Advertising ID ·
App version ·
Operating system ·
Browser ·
Network data ·
Crash logs ·
Cookies ·
SDK logs ·
Diagnostic data |
Security, fraud prevention, analytics, troubleshooting,
app performance and service improvement. |
For as long as necessary for security, fraud prevention,
troubleshooting, analytics, performance, incident detection, investigation
and compliance, including any minimum period required under applicable law. |
|
Location data |
Approximate or precise location, wherein enabled or
necessary for a feature; Location derived from IP or device settings. |
Safety, regional compliance, language/service
customization, fraud prevention, and features that require location. |
For as long as necessary for the relevant location-based
feature, safety, fraud-prevention, regional compliance or
service-customisation purpose, unless longer retention is required by law. |
|
Safety and legal data |
·
Reports ·
Blocking records ·
Moderation decisions ·
Policy violation records ·
Legal notices Police/court requests ·
Grievance records |
User safety, content moderation, enforcement,
investigation, legal compliance, and dispute resolution. |
For as long as necessary for safety, moderation,
enforcement, investigation, legal claims, grievance handling,
regulatory/court/police requests and dispute resolution. |
|
Marketing and analytics data |
·
Consent status ·
Campaign interactions push/email/SMS preferences ·
App events ·
Usage patterns ·
Aggregated analytics |
Communication, analytics, marketing where permitted,
platform improvement and measurement. |
Until consent is withdrawn, the user opts out, the
purpose is no longer served, or the account is deleted, unless retention is
required for compliance, audit, suppression-list management or legal
purposes. Aggregated/anonymized data may be retained for longer. |
|
Nominee or authorised representative data |
Name and contact details of nominee or authorised person,
if provided. |
Exercising rights upon death or incapacity, where
permitted under law and Platform processes. |
For as long as necessary to verify and give effect to the
nomination/authorisation and enable exercise of rights upon death or
incapacity, unless deletion is requested and retention is not required under
law. |
5.
Sources of Personal Data
5.1. We may collect
personal data directly from you when you register, create a profile, recharge your
wallet, join a call/chat/video session, interact with a Host/Expert, submit a
complaint, contact support, exercise data rights, apply as a Host, or otherwise
use the Platform.
5.2. We may collect data
automatically from your device, browser, app, cookies, SDKs, logs, analytics
tools and security systems when you access or use the Platform.
5.3. We may receive personal
data from Hosts/Experts, Users, payment service providers, verification
vendors, app stores, customer support vendors, analytics vendors, law
enforcement authorities, courts, regulators, or other lawful sources.
5.4. We may also process
personal data voluntarily provided by you for a specified purpose, such as
contacting customer support, making a complaint, reporting inappropriate
content, requesting refunds, or seeking assistance.
6.
Purposes of Processing (In addition to but not in degradation of Clause 4)
·
creating, verifying, maintaining, and securing
User and Host accounts;
·
enabling chat, audio calls, video calls, live
sessions, consultations, host interactions, and other Platform services;
·
processing wallet recharge, subscriptions,
credits, payments, refunds, chargebacks, invoices, commissions, payouts, and
tax/accounting records;
·
age gating, preventing minors from using the
Platform and ensuring eligibility;
·
Host onboarding, KYC, verification, training,
ranking, quality review, payout, and compliance checks;
·
providing customer support, grievance
redressal, complaint handling and dispute resolution;
·
moderating content and interactions, enforcing
Terms of Use, User Terms, Host Policy and Community Guidelines;
·
investigating inappropriate content, obscene
content, harassment, fraud, sextortion, blackmail, impersonation, abuse,
illegal activities, policy violations and safety risks;
·
preventing fraud, misuse, unauthorised access,
fake accounts, payment abuse, bot activity, spam, platform circumvention and
security incidents;
·
sending service messages, OTPs, transaction
alerts, policy updates, safety notices, administrative communications and
support responses;
·
sending marketing/promotional communications
where permitted by consent, settings or Applicable Law;
·
personalising features, language,
recommendations, host discovery, user experience and service categories;
·
conducting analytics, debugging, crash
reporting, security monitoring, app improvement and business reporting;
·
complying with legal obligations, court orders,
law enforcement requests, regulatory directions, tax/accounting requirements
and statutory retention obligations;
·
protecting the rights, property, safety and
legal interests of DateShala, Users, Hosts/Experts and third parties.
7.
Legal Basis under the DPDP Act: DateShala will process
personal data only for lawful purposes and on a recognised basis under
Applicable Law. Depending on the context, processing may be based on consent,
certain legitimate uses under the DPDP Act, contractual necessity, legal
compliance, safety, grievance redressal, fraud prevention, or other permitted
grounds.
7.1. Where
processing is based on consent, DateShala will seek consent that is free,
specific, informed, unconditional, and unambiguous with a clear affirmative
action. Consent will be limited to such personal data as is necessary for the
specified purpose. You may withdraw consent as described in this Policy.
7.2.
Certain Legitimate Uses: DateShala may process personal data
without separate consent where permitted by the DPDP Act, including where you
voluntarily provide personal data for a specified purpose and do not indicate
that you do not consent, for compliance with law, court orders, legal claims,
host administration where applicable, or other lawful uses permitted under the
DPDP Act.
7.3.
Separate Consent for Optional Features: Optional features such as
precise location, contact access, marketing communications, certain recordings,
analytics permissions, or other sensitive user-controlled permissions may
require separate notice, app permission or consent. Refusal or withdrawal of
such consent may limit the corresponding feature without affecting unrelated
services where feasible.
8.
Consent Withdrawal and Effect
8.1. You may withdraw
consent for consent-based processing through the account settings, app
permissions, unsubscribe links, privacy request form, customer support, or by
contacting the privacy/grievance contact provided in this Policy.
8.2. The ease of withdrawal
shall be comparable to the ease with which consent was given, subject to
technical and legal feasibility.
8.3. Upon withdrawal of
consent, DateShala will cease and cause its Data Processors to cease processing
the relevant personal data within a reasonable time, unless such processing is
required or authorised under Applicable Law, necessary for compliance, legal
claims, safety, fraud prevention, payment records, tax/accounting obligations
or other lawful purposes.
8.4. Withdrawal of consent
may affect your ability to use certain features. For example, withdrawal of
phone number processing may prevent login; withdrawal of location/contact
permission may disable related features; withdrawal of marketing consent will
stop promotional communications but not service or transactional
communications.
8.5. For the convenience of
Users and Hosts, a “Delete Account” option shall be made available within the
Application after login. A User or Host may request deletion of their account
by using the said option. Upon receipt of such a request, the Company shall
process the account deletion request and erase Personal Data associated with
the account in accordance with Clause 4 of this Policy, subject to retention of
such data as may be required or permitted under applicable law, including for
legal, regulatory, tax, accounting, audit, fraud-prevention, security,
dispute-resolution, grievance-redressal or enforcement purposes.
9.
Call, Chat, Video and Moderation Data
9.1. DateShala may process
chats, messages, call/video session metadata, timestamps, duration, billing
logs, complaint records, moderation signals, safety flags and related records
for service delivery, billing, safety, moderation, dispute resolution, fraud prevention
and legal compliance.
9.2. Where any call, chat,
video session or live interaction is recorded, monitored, reviewed or analysed
for safety, quality, compliance, training, dispute resolution or legal
purposes, DateShala will provide notice and obtain consent where required by
Applicable Law.
9.3. Users and Hosts must
not record, screenshot, screen-record, store, disclose, publish, circulate or
misuse any private interaction without lawful consent and basis.
9.4. Where you report
inappropriate content or unsafe behaviour, DateShala may review related session
records, screenshots, complaints, metadata or other available information to
investigate and take appropriate action.
10.
Children and Minors
10.1. The Platform is
strictly intended for persons who are 18 years of age or older. DateShala does
not knowingly permit children/minors to register for or use the Platform.
10.2. Users and Hosts must
not misrepresent age or create accounts for minors. DateShala may use age
gating, age assurance, verification checks, reporting mechanisms and account
review processes to prevent minors from using the Platform.
10.3. If DateShala becomes
aware that personal data of a child has been processed on the Platform, it may
suspend or terminate the account, restrict access, delete or de-identify data
where legally permissible, preserve records where necessary for safety/legal
compliance, and take any other appropriate action.
10.4. If any parent, guardian
or person becomes aware of a minor using the Platform, they should immediately
report it to DateShala through the contact details provided in this Policy.
11.
Sharing and Disclosure of Personal Data
11.1. DateShala may share
personal data only where necessary for the purposes described in this Policy,
in accordance with Applicable Law and with appropriate safeguards. Personal
data may be shared with:
·
Data Processors and vendors such as cloud
hosting providers, OTP/SMS/email vendors, payment gateways, video/audio SDK
providers, analytics providers, customer support tools, KYC/verification
providers, fraud prevention tools and security vendors;
·
Hosts/Experts, but only limited information
necessary to provide permitted services through the Platform;
·
payment gateways, banks, UPI providers, card
networks, app stores, refund processors and accounting/tax service providers
for payment and compliance purposes;
·
law enforcement agencies, courts, tribunals,
regulators, government authorities or other persons where disclosure is
required or permitted by law;
·
advisors, auditors, lawyers, insurers,
consultants and professional service providers for business, legal, compliance
and audit purposes;
·
affiliates, successors, assignees or acquirers
in connection with merger, acquisition, restructuring, financing, sale of
assets, business transfer or similar transaction;
·
other users or public areas of the Platform
where you choose to make profile content, reviews, ratings or other content
visible, subject to Platform settings.
11.2. DateShala does not sell personal
data in the ordinary course of business. Any monetisation, advertising or
marketing use of personal data will be subject to Applicable Law, this Policy,
consent requirements and user controls where applicable.
12.
Data Processors and Vendor Safeguards
12.1. DateShala will engage
Data Processors under valid contracts that require processing only on
DateShala’s instructions, confidentiality, appropriate security safeguards,
breach reporting, deletion/return of data, cooperation with data rights
requests and compliance with Applicable Law.
12.2. DateShala may change
vendors or subprocessors from time to time based on operational, technical,
commercial, safety or compliance requirements.
12.3. Where a Data Processor
processes personal data outside India or transfers data cross-border, DateShala
will take steps required under Applicable Law.
13.
Cross-Border Processing and Transfer
13.1. Personal data may be
stored, processed or accessed in India or in other jurisdictions by DateShala,
its affiliates, vendors or Data Processors, subject to Applicable Law.
13.1. DateShala will comply
with restrictions notified by the Central Government under the DPDP Act in
relation to transfer of personal data to any country or territory outside
India.
13.2. Where other sectoral
laws impose higher protection or restrictions on transfer, DateShala will
endeavour to comply with such applicable requirements.
14.
Security Safeguards
14.1. DateShala will
implement reasonable technical and organisational security safeguards
appropriate to the nature of personal data and risk involved. Such measures may
include:
·
encryption, masking, tokenisation, obfuscation
or other protective measures where appropriate;
·
access controls, role-based permissions,
authentication, logging and monitoring;
·
security reviews, vulnerability management,
malware protection and incident response processes;
·
backups, business continuity measures and
recovery processes;
·
contractual safeguards with Data Processors and
vendors;
·
internal policies, training, confidentiality
obligations and need-to-know access principles;
·
fraud detection, abuse prevention, moderation
systems and account protection measures.
14.2. No online platform can
guarantee absolute security. Users and Hosts are responsible for protecting
their devices, login credentials, OTPs, passwords and account access. You must
immediately notify DateShala if you suspect unauthorised access, misuse, compromise
or security issue.
15.
Personal Data Breach
15.1. A personal data breach
may include unauthorised processing, accidental disclosure, acquisition,
sharing, use, alteration, destruction or loss of access to personal data that
compromises confidentiality, integrity or availability of personal data.
15.2. In the event of a
personal data breach, DateShala will take steps to contain, assess, mitigate,
and remediate the breach, and will notify affected 15.3. Data Principals
and the Data Protection Board of India in the form and manner required by
Applicable Law.
15.4. Users, Hosts and
vendors must immediately report any suspected breach, leak, unauthorised
access, disclosure, misuse or compromise of personal data to DateShala at [●].
15.5. Hosts shall not
independently notify User or authorities regarding Platform personal data
unless directed by DateShala or required by law;
15.6. Hosts must immediately
cooperate with DateShala’s breach response process.
16.
Retention and Deletion
16.1. DateShala will retain
personal data only for as long as necessary for the specified purpose, legal
compliance, safety, fraud prevention, accounting, tax, audit, dispute
resolution, enforcement, complaint handling, or other lawful purposes.
16.2. Where consent is
withdrawn or the specified purpose is no longer served, DateShala will erase
personal data unless retention is necessary or authorised under Applicable Law.
16.3. Even after account
deletion, DateShala may retain certain records for limited purposes such as
fraud prevention, safety, legal claims, court/police requests, statutory
compliance, tax/accounting records, chargeback/refund records, grievance
records and audit logs.
16.4. DateShala may
anonymise, aggregate or de-identify data and use such data for analytics,
reporting, service improvement and business purposes where it no longer
identifies an individual.
17.
Your Rights under the DPDP Act
Subject to Applicable Law, you may have
the following rights in relation to your personal data:
·
right to access information about personal data
being processed and processing activities;
·
right to correction of inaccurate or misleading
personal data;
·
right to completion of incomplete personal
data;
·
right to updating of personal data;
·
right to erasure of personal data where
retention is not necessary for the specified purpose or legal compliance;
·
right to withdraw consent for consent-based
processing;
·
right to grievance redressal;
·
right to nominate another individual to
exercise rights in the event of death or incapacity.
You may exercise these rights through the
Platform, specifically the account settings, customer support, or by writing to
[●]. DateShala may verify your identity before processing any request. Requests
may be refused or limited where permitted by law, including where retention or
processing is necessary for legal compliance, safety, fraud prevention, legal
claims, or where the request is false, frivolous, or impersonated.
18.
Duties of Data Principals
While exercising rights or using the
Platform, you must:
·
comply with Applicable Law;
·
not impersonate another person;
·
comply with all the Policies of the DateShala;
·
not suppress material information while
providing identity, age, address, payment, KYC or other information;
·
not file false, frivolous, misleading or
malicious grievances or complaints;
·
furnish only verifiably authentic information
while seeking correction, updating or erasure;
·
not misuse personal data of Users, Hosts,
employees, representatives or third parties.
19.
User Controls and Communication Preferences
19.1. You may manage certain
privacy settings, app permissions, marketing preferences, notification
preferences, profile visibility, blocked users, cookies or device permissions
through the Platform, device settings or browser settings where available.
19.2. Service-related
communications, OTPs, transaction alerts, safety notices, legal notices, policy
updates and support messages may continue even if you opt out of promotional
communications.
19.3 You may unsubscribe
from promotional emails/SMS/push notifications through available opt-out
mechanisms, subject to reasonable processing time and legal requirements.
20.
Public Content, Reviews and Reports
20.1. Certain profile
information, photos, reviews, ratings, public posts or other content may be
visible to other Users, Hosts or the public depending on Platform design and
settings. You should not upload content that you do not want others to view.
20.2. If you submit a report
or complaint, DateShala may use relevant details to investigate the complaint,
contact the reported person, preserve evidence, take moderation action, respond
to authorities, or enforce Platform policies. DateShala may avoid disclosing
your identity to the reported person where feasible and appropriate, but
confidentiality cannot be guaranteed in every case, especially where required
by law or natural justice.
21.
Host/Expert Specific Privacy Obligations
21.1. Hosts must process User
personal data only for providing permitted services through the Platform and
only in accordance with DateShala’s instructions, Host Policy and Applicable
Law.
21.2. Hosts must not download, copy, store,
screenshot, record, publish, disclose, sell, share, contact, solicit, or misuse
User personal data outside the Platform.
21.3. Hosts must immediately
notify DateShala of any suspected unauthorised access, disclosure, leak, loss,
misuse or breach involving User data or Platform data.
21.4. Hosts/Experts must
delete or return User/Platform data upon request, termination, deactivation,
delisting or when no longer required for authorised Platform services.
22.
Grievance Redressal and Privacy Contact
22.1. For privacy questions,
data rights requests, consent withdrawal, breach reporting, complaints or
grievances, you may contact:
|
Data Protection Officer |
Shubham |
|
Email |
Shubham.mishra@dateshala.com |
|
Address |
Mohali Punjab |
|
Phone |
6387916163 |
|
Customer Support |
Admin@dateshala.com |
22.2. DateShala shall acknowledge
every grievance within a period of 24 Hours by DateShala or prescribed under
Applicable Law, whichever is applicable.
22.3. Before approaching the
Data Protection Board of India, a Data Principal may be required to exhaust the
grievance redressal opportunity available with DateShala under the DPDP Act.
22.4. For content moderation,
inappropriate content, abuse, harassment, minors, non-consensual intimate
imagery, fraud or safety reports, users should immediately use the reporting
tools or contact customer support. Delayed reporting may restrict DateShala’s ability
to review, remove, preserve, investigate or take timely action.
23.
Legal Requests, Law Enforcement and Safety
23.1. DateShala may preserve,
use or disclose personal data where necessary to comply with law, court orders,
government directions, law enforcement requests, regulatory requirements, legal
claims, fraud investigations, safety concerns or protection of rights.
23.2. DateShala may disclose
information to law enforcement or competent authorities in cases involving
minors, child sexual abuse material, threats, blackmail, sextortion,
non-consensual intimate imagery, fraud, violence, trafficking, prostitution,
obscene content or other unlawful activity.
23.3. DateShala may
challenge, narrow or seek clarification of requests where appropriate and
legally permissible.
24.
Third-Party Links and Services
24.1. The Platform may
contain links to third-party websites, app stores, payment gateways, social
platforms, ads, SDKs or services. DateShala is not responsible for the privacy
practices, content, security or policies of third-party services that are not
controlled by DateShala.
24.2. You should review the
privacy policies of third-party services before using them. Your interaction
with such third parties may be governed by their own terms and policies.
24.3. DateShala uses third-party
payment gateways, banks, UPI providers, card networks or app stores for payment
processing. DateShala does not ordinarily store complete card numbers, CVV, UPI
PINs or banking authentication credentials. Payment data shall be processed by
authorised payment service providers in accordance with applicable payment
laws, RBI directions and their respective policies.
25. Cookies and Similar Technologies
25.1. DateShala may use
cookies, pixels, SDKs, local storage, device identifiers and similar
technologies on the Platform to enable login, authentication, account security,
fraud prevention, payments, wallet functionality, app performance, analytics,
crash reporting, user preferences, service improvement, marketing
communications and advertising measurement.
25.2. Some cookies and
similar technologies are necessary for the proper functioning, safety and
security of the Platform. Optional cookies or similar technologies used for
analytics, marketing, advertising or personalisation may be managed through
browser settings, device settings, app permissions, Platform settings or
consent preferences, where available.
25.3. Information collected
through cookies and similar technologies may include IP address, device ID,
advertising ID, browser details, app version, operating system, network data,
usage events, session information, crash logs, diagnostic data and cookie consent
status. Such information shall be processed in accordance with this Policy and
Applicable Law.
26. User Responsibility for Secure
Transmission
26.1. Subject to Applicable
Law, the User/Host shall be responsible for ensuring that any information,
document, image, credential or data submitted to DateShala is transmitted
through the official Platform or authorised channels only.
26.2. Host/User shall not
share passwords, OTPs, login credentials, payment details, identity documents
or personal data through unauthorised links, fake pages, third-party persons,
phishing messages or suspicious communications.
26.3. Risk arising from
phishing, malware, device compromise, unauthorised networks, impersonation,
incorrect uploads or transmission through non-official channels shall remain
the responsibility of the User/Host until such data is successfully received on
DateShala’s official systems.
26.4. Every User/Host must
verify the authenticity of any link, communication, payment page, upload
request or support interaction before submitting data.
26.5. You shall immediately
notify DateShala if you suspect unauthorised access, phishing, credential
theft, mistaken upload, fraud, impersonation or misuse of your account or data.
26.6. After data is
successfully uploaded or received on DateShala’s official systems, DateShala
shall process and protect such data in accordance with this Policy and
Applicable Law.
26.7. Nothing in this clause
shall make DateShala responsible for loss, disclosure, misuse or compromise
caused by the User’s/Host’s device, network, negligence, unauthorised sharing
or use of unofficial channels.
26.8. Security of personal
devices, email accounts, phone numbers, app permissions, browser settings and
login credentials shall remain the responsibility of the concerned User/Host.
26.9. However, DateShala
shall not restrict any statutory rights available to a Data Principal under
Applicable Law.
27.
Business Transfers
If DateShala is involved in a merger,
acquisition, restructuring, financing, sale of assets, transfer of undertaking,
insolvency, due diligence or similar transaction, personal data may be
transferred or disclosed as part of such transaction, subject to appropriate
confidentiality, security and legal safeguards.
28.
Changes to this Policy
28.1. DateShala may update
this Policy from time to time to reflect changes in law, technology, Platform
features, business operations, vendor arrangements, security practices or data
processing activities.
28.2. The updated Policy will
be posted on the Platform with the revised "Last Updated" date. Where
required by law, DateShala may provide additional notice or seek fresh consent
for material changes.
28.3. Continued use of the
Platform after publication of the updated Policy shall be governed by the
updated Policy, subject to Applicable Law.
29.
Governing Law and Jurisdiction
29.1. This Policy shall be
governed by and construed in accordance with the laws of India.
29.2. Subject to any
statutory forum or authority having jurisdiction under Applicable Law, disputes
relating to this Policy shall be subject to the courts at [City, State], India,
in line with the Terms of Use and applicable role-specific terms.
30. Compliances with the IT Act
30.1. DateShala is an online
technology platform and may, to the extent applicable, qualify as an
intermediary in respect of third-party information, data, communication,
content, profiles, chats, images, audio, video, reviews, ratings, reports or
other material uploaded, transmitted, stored, hosted or made available by
Users, Hosts/Experts or other third parties through the Platform.
30.2. Nothing contained in
this Policy shall restrict, limit or prejudice DateShala’s rights, protections,
exemptions, powers, obligations or due-diligence requirements under the
Information Technology Act, 2000, the Information Technology (Intermediary
Guidelines and Digital Media Ethics Code) Rules, 2021, any rules framed
thereunder, or any other Applicable Law.
30.3. DateShala may, where
required or permitted by Applicable Law, receive, review, investigate,
preserve, remove, disable access to, restrict, moderate, block, suspend, report
or disclose any information, data, content, communication, account, profile,
session record, metadata, transaction record, device record, complaint record
or other material available on or through the Platform.
30.4. DateShala may take
such action upon receipt of a user complaint, victim complaint, grievance,
court order, government direction, law enforcement request, regulatory
communication, internal moderation flag, safety concern, fraud alert, security
incident, violation of Platform policies or any other lawful basis.
30.5. Without prejudice to
the generality of the above, DateShala may act in relation to content or
activity that is unlawful, harmful, obscene, pornographic, sexually explicit,
invasive of privacy, defamatory, hateful, discriminatory, harassing,
threatening, misleading, fraudulent, impersonating, exploitative, abusive,
infringing, unsafe, harmful to children, involving minors, involving
non-consensual intimate imagery, involving child sexual abuse material,
promoting prostitution, trafficking, blackmail, sextortion, cyber fraud,
identity theft, payment fraud, terrorism, violence, illegal goods, illegal
services or any other prohibited activity under Applicable Law or Platform
policies.
30.6. DateShala may preserve
information and associated records, including removed or disabled content,
account details, session records, logs, metadata, complaint records, moderation
records, device data and transaction data, for investigation, evidence preservation,
safety, legal compliance, dispute resolution, enforcement or cooperation with
law enforcement authorities, for such period as may be required or permitted
under Applicable Law.
30.7. DateShala may disclose
information to law enforcement agencies, courts, tribunals, regulators,
government authorities, authorised officers, emergency responders, auditors,
legal advisors or other competent persons where such disclosure is required or
permitted by Applicable Law, or where DateShala believes in good faith that
such disclosure is necessary for legal compliance, user safety, prevention of
harm, fraud prevention, investigation of offences, cybersecurity, enforcement
of rights or protection of the Platform.
30.8. DateShala may
establish and operate grievance redressal, reporting, blocking, takedown,
moderation, appeal, escalation and evidence-preservation mechanisms in
accordance with Applicable Law and Platform policies. DateShala may
acknowledge, review and dispose of grievances within the timelines prescribed
under Applicable Law, including the Information Technology Rules, 2021,
wherever applicable.
30.9. DateShala may disable
access to or remove content, restrict access to features, suspend or terminate
accounts, withhold payouts, preserve evidence, report matters to authorities,
or take any other action considered necessary where content or conduct appears
to violate Applicable Law, Platform policies, safety standards, community
standards, privacy obligations or third-party rights.
30.10. Any action taken by
DateShala for compliance with Applicable Law, court orders, government
directions, law enforcement requests, grievance redressal, content moderation,
user safety, fraud prevention, cybersecurity, evidence preservation or policy
enforcement shall not be treated as a voluntary assumption of liability for
third-party content or conduct.
30.11. DateShala does not
endorse, verify, guarantee or assume responsibility for third-party content,
communication, representations, claims, conduct, advice, images, videos,
reviews, ratings, profiles or interactions made available by Users,
Hosts/Experts or other third parties on or through the Platform.
30.12. Users and
Hosts/Experts shall remain solely responsible for the legality, accuracy,
ownership, consent, confidentiality and lawfulness of any content, data,
communication, document, image, audio, video, profile information or other
material uploaded, shared, transmitted or made available by them on or through
the Platform.
30.13. DateShala may rely on
automated tools, human review, user reports, trusted flaggers, vendor tools,
moderation systems, safety signals, metadata, technical logs and other
available information for detecting, reviewing, restricting or removing
unlawful or prohibited content or activity.
30.14. DateShala may not be
able to proactively monitor, verify or review every item of content,
communication, session or activity on the Platform. Failure to detect, prevent
or remove any content or activity immediately shall not, by itself, make
DateShala liable, provided DateShala acts in accordance with Applicable Law
upon receiving actual knowledge, complaint, order, direction or notice
requiring action.
30.15. Users and
Hosts/Experts must immediately report unlawful, inappropriate, unsafe, abusive,
obscene, fraudulent, misleading, infringing, exploitative or otherwise
objectionable content or conduct through the reporting tools or support
channels provided by DateShala. Delay in reporting may affect DateShala’s
ability to review, preserve, investigate, remove, disable access to or take
timely action in relation to such content or conduct.
30.16. Nothing in this Policy
shall prevent DateShala from complying with any shorter or stricter timeline,
preservation obligation, disclosure obligation, takedown obligation, grievance
obligation or safety requirement prescribed under Applicable Law, court order,
government direction, regulatory instruction or law enforcement request.
31.
Contact Us
31.1. For any questions
regarding this Policy, please contact:
·
Legal Entity Name: Dateshala
·
Registered Office: Mohali Punjab
·
Email: Admin@dateshala.com
· Phone: 6387916163