- FOREWARD
- This privacy policy (Privacy Policy) governs the use of application Pi Play
(Platform) owned and operated by AH Padel India Private Limited (AHP,
we, us, our).
- This Privacy Policy has been duly framed in accordance with the Digital Personal Data
Protection Act, 2023 (Act) and the Information Technology (Reasonable Security
Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (as may
be applicable) and / or any rules made thereunder to ensure maximum protection to the
information provided by its users (You Your or User).
- By using the Platform, You agree to abide by the terms and conditions pertaining to
collection, retention, and use of information set forth in this Privacy Policy. If You
do not agree to the Privacy Policy and would not like to proceed, You may exit.
- The Platform is not targeted only towards children. The target audience and content
thereof shall be targeted as per Clause 3.3 below. In the event the Platform has been
accessed and / or any Personal Information has been inadvertently collected from a
person / child not eligible as per Clause 3.3 below, kindly contact AHP at support@pi-play.com. and AHP shall delete such Personal Information
(defined below) as soon as possible.
- DEFINITIONS
- Act means the Digital Personal Data Protection Act, 2023.
- Applicable Law(s) means all statutes, enactments, acts of legislature or
parliament, ordinances, rules, bye-laws, regulations, notifications, policies,
directions, directives and orders as such are in effect as of the date hereof or as may
be amended, modified, enacted or revoked from time to time hereafter or other
governmental restrictions or any similar form of decision of, or determination by any
government, statutory authority, tribunal, board, court having jurisdiction over the
matter in question in India.
- Platform means the application named Pi Play owned and operated by AH
Padel
Private Limited.
- Purpose includes,
- To allow Users to search and locate nearby padel courts,
- To allow Users to book padel courts at parks, clubs, academies or such other places
that have entered into business association with AHP,
- To allow Users to make bookings and payments, to reschedule existing bookings, and
to view current bookings,
- To allow Users to register for competitions, tournaments and events,
- To allow Users to upload Personal Information for bookings, connecting with and
inviting other Users (i.e., players) to games, and to register for competitions,
tournaments and events,
- To provide such other services that the Platform may introduce from time to time.
- Personal Information, shall mean information as provided by the User such as
(a) Name of the User; (b) Email Address; (c) Contact Number, (d) Gender, (e) Age, (f)
Location of the User, (g) Financial Information, and (h) such other information of the
User, as and when collected.
- Rules means the Information Technology (Reasonable Security Practices and
Procedures and Sensitive Personal Data or Information) Rules, 2011.
- Services shall mean such services provided by the Platform.
- CONSENT OF USER
- If You are a business entity, You warrant and represent that You are accessing the
Platform for business or related purposes only and the entity holds valid registrations
for the relevant statutory authority, where applicable. If the User is accessing the
Platform on behalf of, a corporate entity, User warrants and represents that User has
requisite authority to bind that corporate entity and that User is duly authorized by
the business entity to accept the Privacy Policy and User has the authority to bind that
business entity to the Privacy Policy.
- If the User is a natural person, he/she is above the age of 18 (eighteen) and is
eligible under the Indian Contract Act, 1872 to enter into a valid agreement and be
bound by the terms of this Privacy Policy.
- In terms of Section 9 of the Act, if the User is a child, as defined under the Act
(hereinafter individually referred to as a Child and collectively referred to
as Children), the Platform obtains permission from a parent or legal guardian
for that account who is eligible as per Clause 3.2 above. The Platform shall obtain
verifiable parental consent before processing any Personal Information for the Child.
The Platform shall not:
- Undertake such processing of Personal Information of the Child that is likely to
cause any detrimental effect on the well - being of the Child,
- Undertake tracking or behavioral monitoring of Children or targeted advertising
directed at Children.
- You acknowledge that Your Consent is being obtained for the Purpose defined under Clause
2(v) above.
- POINTS OF DATA COLLECTION
The Privacy Policy applies to information collected and processed by AHP consisting of
following:
- Personal information is information related to a User, or a combination of pieces of
information that could reasonably allow him / her to be identified. Personal information
may consist of full name, personal contact numbers, residential address, email address,
or gender. While information such as gender in isolation may not be enough to uniquely
identify the User, a combination of full name and gender may be sufficient to do so.
-
Sensitive personal data or information is such personal information that is collected,
received, stored, transmitted or processed by AHP, consisting of: (a) password;
financial information such as bank account or credit card or debit card or other payment
instrument details, (b) any detail relating to the aforementioned Personal Information
categories as provided to AHP for providing service; and (c) any of the information
received under above personal information categories by AHP for processing, stored or
processed under lawful contract or otherwise.
Provided that, any information that is freely available or accessible in public domain
or furnished under the Right to Information Act, 2005 or any other law for the time
being in force shall not be regarded as sensitive personal information.
- AHP receives information only when the Users enter their Personal Information on the
Platform.
- USE OF DATA COLLECTED
- AHP may use the information collected from Users for the Purpose defined under Clause
2(v) of this Agreement and AHP will solely contact such Users through the Platform or
electronic mail.
- For the use of the Services, you may be required to pay on the Platform with a credit
card, wire-transfer, or debit card through the Platform’s third party payment gateway
provider and such third party payment gateway provider may be required to collect
certain financial information from you including, but not restricted to, your
credit/debit card number or your bank account details (collectively referred to as
Financial Information). All Financial Information collected from the Users by
the third party payment gateway providers will be used only for billing and payment
processes. The verification of the Financial Information shall be accomplished only by
the User through a process of authentication in which the Platform shall have no role to
play.
- Personal information, personally identifiable information and / or Financial Information
shall be collected by the Platform on an ongoing basis, without need for further,
separate consent from the User (aside from the acceptance of this Privacy Policy) for
one or more of the Purposes mentioned under Clause 2(v).
- The Platform has implemented security policies, rules and technical measures, as
required under Applicable Law including firewalls, transport layer security and other
physical and electronic security measures to protect the Financial Information and
Personal Information that it has under its control from unauthorized access, improper
use or disclosure, unauthorized modification and unlawful destruction or accidental
loss. It is expressly stated that the Platform shall not be responsible for any breach
of security or for any action of any third parties that receive Users’ personal data or
events that are beyond the reasonable control of the Platform or AHP including, acts of
government, computer hacking, unauthorized access to computer data and storage device,
computer crashes, breach of security and encryption, etc.
- STORAGE OF DATA
- AHP will store Your Personal Information at the Platform which is managed and operated
by the business operations division of AHP with facilitation from Amazon Web Services.
The Personal Information is stored at all times in an encrypted format as per Advanced
Encryption Standards (AES) using Crypto JS AES 256.
- Personal Information shall be stored for such time period as may be permissible under
Applicable Laws
- In the event You wish to delete the Personal Information stored with AHP, the same shall
be honored by AHP if requested in writing to support@pi-play.com. Any Personal
Information deleted by AHP shall not be available to restore under any circumstances.
- As a rule, all records are regarded as confidential. Therefore, will not be divulged to
any third party, unless required as per the terms of this Privacy Policy or under
Applicable Laws.
- COOKIE POLICY
- Our Platform may use cookies. By using our Platform and agreeing to these terms of use,
User's consent to our use of cookies in accordance with the terms of this Privacy
Policy.
- The use of cookies is employed to:
- Help us remember and process the items that Users are looking for;
- Understand User's preferences based on previous or current site activity, which
enables us to provide Users with improved services;
- Compile aggregate data about site traffic and site interaction so that we can offer
better site experiences and tools in future; and
- Understand and save Users preferences for future visits.
- You can choose to direct Your computer when it warns You each time a cookie is being
sent, or Users can turn off all cookies through Users browser settings. Each browser is
different, so refer to your browser's help menu to learn the correct way to modify your
cookies.
- If Users disable cookies Users can still visit the Platform but some features will be
disabled. This could affect the User's Platform experience and efficiency.
- AHP is neither responsible nor liable for any actions or policies of any third parties,
and Users are expressly advised check the applicable privacy policy of such third party
before providing Personal Information to such third parties.
- SECURITY MEASURES
- In order to ensure the security of your Personal Information, the Platform employs
various security measures. The Platform uses security practices and procedures including
role-based access, secure communication, password protection, encryption, etc., to
ensure that the Personal Information collected is secure.
Notwithstanding, despite AHP's best efforts, in the event there is an unauthorized
access or use and / or software failure and / or compromise to the security of the
Personal Information, due to factors beyond the control of AHP, including but not
limited to, a hack and / or a server failure, AHP shall not be liable for any losses and
/ or damages endured by You.
- You agree, understand, and support the fact that the internet may not be a secure source
and therefore, we cannot guarantee the unequivocal protection of User Information.
- MECHANISM OF SHARING DATA WITH THIRD PARTIES
- We may disclose Personal Information about You to Our representatives and other third
parties. We also reserve the right to disclose your Personal Information to third
parties in an anonymous or aggregate form, to understand customer trends and patterns
and manage and improve our business relationships
- We may provide your Personal Information to Our representatives, auditors or legal
advisors to obtain professional advice. Any such processing will be governed by an
agreement in the form required as per Applicable Law, preserving any and all of Your
statutory data protection rights.
- You acknowledge that AHP may be obligated by law to disclose and / or transfer your
Personal Information with judicial and / or quasi-judicial courts and government
agencies in certain instances such as for verification of identity or for prevention,
detection, investigation, prosecution, and punishment for offences, or in compliance
with Applicable Laws. In the event of any regulatory inquiry, including court issued
warrants or written request from any agencies of the Government, supported by warrants,
AHP shall have no option but to de-encrypt the Personal Information to the extent sought
and share the same with such regulator or court or appropriate authority upon receiving
specific warrant from such authority issued by a competent Court. In such an event AHP
shall not be liable in any way for such disclosure and AHP shall not be responsible to
either inform Users or seek User's prior approval.
- Notwithstanding the above, we are not responsible for the confidentiality, security or
distribution of Your Personal Information by third parties outside the scope of our
agreement with such third party (ies). AHP will not be responsible for any breach of
security or for any actions of any third parties or events that are beyond AHP's
reasonable control, including but not limited to, acts of government, computer hacking,
unauthorized access to computer data and storage device, computer crashes, breach of
security and encryption, poor quality of internet service and / or telephone service of
the User etc.
- AHP may share your Personal Information with our other corporate and/or associate
entities and affiliates to; (a) help detect and prevent identity theft, fraud and other
potentially illegal acts and cyber security incidents, and (b) help and detect
co-related/related or multiple accounts to prevent abuse of our services.
- To ensure seamless coordination and fulfillment of services booked through the Pi Play
platform, certain information
such as your contact details may be securely shared with relevant facility partners
involved in managing or delivering
your selected activities.
This exchange of information is limited to what is necessary for operational purposes,
including but not limited to
booking confirmation, access coordination, and on-ground support. All such partners are
required to handle your data in
compliance with applicable privacy laws and are restricted from using it for unrelated
purposes.
By continuing to use our services, you acknowledge and agree to this operational data
usage, as outlined in our Privacy
Policy.
- PRINCIPLES FOR PROTECTION OF PRIVACY
- Commitment to Privacy
The Platform is strongly committed to User's right to privacy and to keeping User's Personal
Information secure. To earn User's trust and confidence, we are fully disclosing our privacy
practices.We encourage Users to read our Privacy Policy to understand what types of Personal
Information we collect and how we use this information.
- Applicability
This Privacy Policy sets forth the reasonable security practices and procedures adopted by
AHP and shall apply to the use, disclosure and sharing Personal Information provided by the
Users of the Platform which is owned and operated by AHP. The Policy outlines the various
measures undertaken by AHP to provide Users with a convenient and safe online/ experience,
while maintaining and safeguarding the confidentiality, integrity, and security of User's
Personal Information, during storage and transmission through the world wide web. This
Policy explains how AHP protects Personal Information provided by Users through the Platform
and how AHP stores and uses that information, to deliver the Services on the Platform.
- Change in Policy
This Privacy Policy is subject to change at any time by AHP and it is advised that Users
review this Privacy Policy periodically. Any change to this Privacy Policy will become
effective as soon as it is posted or linked to the revised Privacy Policy on the Platform.
Users shall receive a notification whenever there is a change in our Privacy Policy on Users
registered email ID and the issuance of the notification shall constitute a fair amendment
of the Privacy Policy.
- PURGING OF PERSONAL DATA
User's personal data may be stored with AHP for a period of time after the User ceases
to use or
access our Platform for the purposes mentioned in this Privacy Policy and the same may
be eventually
erased / purged / removed from AHP storage.
- RIGHT TO INJUNCTIVE RELIEF
It is acknowledged and admitted by the User that a breach of the Privacy Policy by the
User can
cause irreparable damage to AHP, and such damages may or may not be entirely
quantifiable in
monetary terms. Therefore, in the event of a breach of this Privacy Policy by the User,
the User
acknowledges that AHP shall have a prima facie case and a favorable balance of
convenience to seek
an injunctive relief to stop such continuing breach from a court of competent
jurisdiction.
- LIMITATION OF LIABILITY
- THE PLATFORM IS PROVIDED BY AHP ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL WARRANTIES
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES AS TO NON-INFRINGEMENT, CORRESPONDENCE WITH DESCRIPTION,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED TO THE FULLEST EXTENT
PERMITTED BY LAW.
- NO LIABILITY ARISING OUT OF ANY VIOLATION OF DATA PRIVACY LAW IN ANY OTHER COUNTRY OTHER
THEN REPUBLIC OF INDIA SHALL RESIDE WITH AHP. THE USERS OF SUCH COUNTRY (OTHER THAN
REPUBLIC OF INDIA) NEED TO BE AWARE OF THE DATA PROTECTION LAWS OF THAT COUNTRY AND
ACCORDINGLY ASSESS THE RISK SINCE AHP CLEARLY DISCLAIMS ALL RESPONSIBILITY RELATED TO
PROTECTION OF SUCH DATA.
- WITHOUT LIMITING THE GENERALITY OF ABOVE CLAUSE, AHP MAKES NO WARRANTY THAT (I) THE
PLATFORM WILL MEET USER'S REQUIREMENTS OR THAT USERS USE OF THE PLATFORM, OR ACCESS TO
THE PRODUCTS, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE (II) THE QUALITY OF
THE PLATFORM WILL MEET USER'S EXPECTATIONS.
- AHP SHALL NOT BE LIABLE FOR:
- ANY LOSS THAT USERS MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF USERS ACCOUNT
OR ACCOUNT INFORMATION;
- ANY INTERRUPTION OR NON-AVAILABILITY OF THE PLATFORM DURING PERIODIC MAINTENANCE OR
FOR ANY OTHER REASON INCLUDING BUT NOT LIMITED TO SYSTEMIC FAILURES AND ACTS OF GOD;
- ANY INACCURACY, ERROR, OMISSION, INTERRUPTION, COMPLETENESS, DELETION, DEFECT,
FAILURE OF PERFORMANCE, COMPUTER-VIRUS, COMMUNICATION LINE FAILURE, ALTERATION OF,
OR ANY USE OF CONTENT HEREIN, REGARDLESS OF CAUSE, FOR ANY DAMAGES RESULTING THERE
FROM; OR
- ANY LOSS OF PROFITS, SALES, BUSINESS OR REVENUE; BUSINESS INTERRUPTION; LOSS OF
ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR ANY
INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER ARISING.
- ACCURACY, CORRECTNESS OR ORIGINALITY OF ANY DATA INCLUDING ALL INDICES PUBLISHED ON
THE PLATFORM WHETHER THE SAME IS THIRD PARTY DATA OR OTHERWISE.
- USERS ACKNOWLEDGE THAT THE EXCLUSIONS AND LIMITATIONS ON AHP LIABILITY SET OUT IN THIS
CLAUSE ARE DISTINCT AND SEPARATE PROVISIONS. IF ANY PROVISION OR PART-PROVISION OF THIS
CLAUSE IS OR BECOMES INVALID, ILLEGAL OR UNENFORCEABLE, SUCH RESPECTIVE PROVISIONS SHALL
BE SEVERED FROM THE PRIVACY POLICY AND THE PRIVACY POLICY SHALL BE READ WITHOUT SUCH
UNLAWFUL PROVISIONS.
- GRIEVANCE REDRESSAL MECHANISM
In order to address any of Your grievances and / or discrepancies of the information
displayed on
the Platform, AHP shall designate the below mentioned grievance redressal officer(s).
The Grievance
/ Data Protection Officer shall redress all the grievances expeditiously but within 1
(one) month
from the date of receipt of the grievance.
Name: Support Team
Email: support@pi-play.com
- INDEMNITY
Users shall indemnify, defend and hold harmless AHP from and against any and all
losses,
liabilities, claims, damages, demands, costs and expenses (including attorney's fees and
disbursements in connection therewith and interest chargeable thereon) asserted against
or incurred
by AHP that arise out of, result from, or may be payable by virtue of any breach or
non-performance
by Users of any of the terms of this Privacy Policy use of the Platform.
- GOVERNING LAW AND DISPUTE RESOLUTION
All disputes arising out of this Privacy Policy and any disclaimers on the Platform shall be
subject
to the sole and exclusive jurisdiction of the courts of Bengaluru, India.