Privacy Policy

This privacy policy (“Policy”) adopted by Upsports Vision Private Limited (referred to as “Upsports” or “we” or “us”, “our”) governs the collection, use and transfer of information capable of identifying a person (“Personal Information”) accessed or shared with us by virtue of use or access of our mobile applications (“Platform”). By agreeing to this Policy, or by accessing, or by using the games (“Games”) through the Platform, you consent to the collection, transfer, adaptation, alteration, storage, disclosure, and other uses of your Personal Information as described in this Policy. If you have any concerns about providing data, or having it used in any manner permitted in this Policy, you should not browse, register, access or participate in the Games. Unless specified otherwise, this Policy applies only to the Platform and Games, features, software, and functionalities offered by us, via the Platform.

For the purposes of this Policy, “Sensitive Personal Data or Information” or “Sensitive Information” means Personal Information, that consists of the (i) password, (ii) financial information, such as bank account, debit or credit card details, (iii) physical, psychological and mental health condition, (iv) sexual orientation, (v) medical records and history, (vi) biometric information, (vii) any detail relating to the above as provided to us for participating in the Games, and (viii) any of the information received under each of the aforesaid heads by us for processing, or to be stored or processed under a lawful contract or otherwise. This Policy incorporates the requirements under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

Any person (“User" or “Users” or “you” or “your”) using the Platform or any of its features including participation in the Games offered on the Platform shall be bound by this Policy. 

ABOUT THE POLICY

Upsports respects the privacy of its Users and is committed to protect it in all respects. Before you submit any information to the Platform, please read this Policy for an explanation of how we will treat your Personal Information. By using any part of the Platform, you consent to the collection, use, disclosure and transfer of your Personal Information for the purposes outlined in this Policy and to the collection, processing and maintenance of this information.  Your use of any part of the Platform indicates your acceptance of this Policy and of the collection, use and disclosure of your Personal Information in accordance with this Policy. While you have the option not to provide us with certain information or withdraw consent to collect certain information, kindly note that in such an event you may not be able to take full advantage of the entire scope of features and Games offered to you and we reserve the right to restrict you from participating in the Games.

This Policy is a legally binding document between you and Upsports. The terms of this Policy will be effective upon your acceptance of the same (directly or indirectly in electronic form, by clicking on the I accept tab or by use of the Platform or by other means) and will govern the relationship between you and Upsports for your use of the Platform.

This Policy is to be treated as an electronic form of contract under the Information Technology Act, 2000 and the rules made thereunder, as may be amended, re-enacted or substituted from time to time. This Policy does not require any physical, electronic or digital signature. 

The Policy is published in accordance with the provisions of Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 made under Information Technology Act, 2000. 

To provide you with our uninterrupted use of the Platform, we may collect and, in some circumstances, disclose information about you. The information about a User is collected by Upsports as (i) information supplied by Users, whether as part of their registration on the Platform or otherwise, and (ii) information automatically tracked during Users' navigation on Upsports. 

To ensure better protection of your privacy, we provide this Policy explaining our information collection and disclosure policies, and the choices you make about the way your information is collected and used.

By providing us your information or by making use of the facilities provided on the Platform, you hereby consent to the collection, storage, processing and transfer of any or all of your information as specified under this Policy. You further agree that such collection, use, storage and transfer of your information shall not cause any loss or wrongful gain to you or any other person.

ALL HEADINGS USED HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE VARIOUS PROVISIONS OF THE AGREEMENT. NEITHER THE USER NOR UPSPORTS MAY USE THE HEADING TO INTERPRET THE PROVISIONS OF THIS POLICY IN ANY MANNER.

USER INFORMATION

To register on our Platform, Users are required to provide only their mobile number for the registration process. To add cash, user will be required to provide State, DOB and Email. To enable withdrawal of the Winnings, the Users will be required to provide their Permanent Account Number and Bank account details. The information supplied by the Users enables us to improve our Platform and provide you with the most user-friendly experience. 

Upsports may use data management services to access device information; metadata of incoming and outgoing calls and messages; device storage, device identifiers, call-related information and records, application history, etc. These permissions are collected to better understand how Users access and participate in the Games, both on an aggregated and individualized basis, in order to improve our Platform, analyse player traffic and activity, respond to User desires and preferences, and for other research and analytical purposes. This includes:

Location Services: We may use and store information about your location to provide special features or to improve and customize the Games and to ensure that you are not accessing the Platform from restricted states in India or outside the territorial limits of the Republic of India.

Log Data Services: Our backend servers automatically record information created by your use of the Platform. This data may include information such as your location, your mobile carrier, device IDs, search terms, and cookie information. Log data is received when you access the Platform. This data is used to provide the Games on the Platform and to measure, customize, and improve them.

Please note that we shall always take your express consent before collecting any Sensitive Personal Data or Information. We are committed to keeping all such Sensitive Personal Data or Information safe at all times and ensure that such data/information is only transacted provided the highest possible degree of care available under the technology presently in use. Upsports will not use your Sensitive Personal Data or Information for any purpose other than for such specific purposes as you have expressly consented to its use.

If you opt for the paid functions on the Platform, Upsports may collect the billing and financial information necessary to process the charges, including bank account details or do so on behalf of the relevant payment service providers. Any payment data may need to be retained only within territorial limits of the Republic of India to comply with directives of the Reserve Bank of India that apply to the payment service providers engaged by us.

Where we permit any third parties to collect and use your Sensitive Personal Data or Information, we, to the best of our knowledge, (i) ensure that such third parties maintain the same security standards that are adhered to by us and prescribed under applicable data protection laws for the protection of your Sensitive Personal Data or Information and (ii) take reasonable measures to ensure that the third parties do not disclose the Sensitive Personal Data or Information unless such disclosure has been expressly consented to by You.

You will promptly notify Upsports if there are any changes, updates or modifications to your information. Further, you may also review, correct, update or modify your information and User preferences by logging into your profile page on the Platform. The User may note that deletion of certain information or withdrawal of consent may lead to cancellation of the access to certain features and Games available on the Platform.

All required information is dependent on the Games accessed by the User, and we may use the above said User information to, maintain, protect, and improve our Games and for developing new games.

Such information will not be considered as sensitive if it is freely available and accessible in the public domain or is furnished under the Right to Information Act, 2005 or any other law for the time being in force.

YOUR RIGHTS

We do not keep your data for longer than is necessary unless we are required to do so under law. We will use your Personal Information only for so long as is necessary:

to achieve the purposes that have been specifically identified in this Policy or such purposes as having been identified in any agreement entered into with you;
as required by applicable laws and regulations, or as may be required for evidentiary purposes;
as deemed necessary for tax, fraud control, or mitigation, and to conduct a defence in relation to any disputes or claims whether potential or actual (taking into account statute of limitations under applicable laws).

You can review, modify, and delete the information you have provided to us at any time and/or withdraw your consent from allowing us to collect, process or transfer your information by contacting our Grievance Officer. Please note that if you withdraw your consent, we may be constrained to withdraw those features, functionalities, services, etc. which cannot be provided, without the information you seek to withdraw consent for, or delete from our records. Please note that your requests with respect to your data shall not be complied with if it adversely affects another User or prejudices such User’s rights.

Your right to withdraw consent relates to any further collection or processing, of your Sensitive Personal Data or Information, however such withdrawal of consent shall not: (i) be retrospective or require the deletion of records required for statutory purposes; or (ii) operate where required for the discharge of ongoing contractual obligations unless the contract under which the Sensitive Personal Data or Information is required to be collected is also terminated with the request for withdrawal of consent to collect such sensitive data.

Your data will be erased/deleted when it has served the purpose for which it was being collected and is no longer necessary, where consent has been withdrawn, or where retention of such data is contrary to or prohibited by law.

INFORMATION SHARING

Upsports may also share information provided by you, data concerning usage of the Platform with third-party service providers engaged by Upsports, for the purpose of data analytics or other similar purposes, for the purpose of storage, improving the Games and helping us serve you better. By using the Platform, you hereby expressly agree and grant consent to the collection, use and storage of this information by Upsports. We reserve the right to share, disclose and transfer information collected hereunder with its own affiliates. In the event Upsports sells or transfers all or a portion of its business assets, consumer information may be one of the business assets that are shared, disclosed or transferred as part of the transaction. You hereby expressly grant consent and permission to Upsports for disclosure and transfer of information to such third parties. Upsports may share information provided by you, data concerning usage of the Platform with its commercial partners for the purpose of facilitating User engagement, for marketing and promotional purposes and other related purposes. Further, Upsports reserves the right to disclose Personal Information as obligated by law, in response to duly authorized legal process, governmental requests and as necessary to protect our rights and interests. In the event that Upsports is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your Personal Information may be sold or transferred as part of that transaction. The undertakings in this Policy shall apply to the Personal Information as transferred to the new entity.

PROTECTION OF INFORMATION SECURITY

Upsports maintains appropriate technical and physical safeguards to protect information against accidental or unlawful destruction or loss, alteration, unauthorized disclosures or access, and any other unlawful forms of processing of the data in its possession (“Security Practices”). All information provided by you is stored and retained on a secure server located in India. Such Security Practices include, but are not limited to encryption, firewalls, password protection, limitation of access to specified personnel on a need-to-know basis, de-identification and encryption and other physical security measures to guard against unauthorized access to the server and systems and information residing on such server and systems. Our Security Practices are commensurate with the information assets being protected and with the nature of the business. By using the Platform, you accept that the Security Practices and procedures mentioned above, which are designed to protect the information provided by you, are reasonable. However, we do not guarantee that Personal Information cannot be accessed, disclosed, altered or destroyed by breach of any of the above mentioned safeguards. We take all steps reasonably necessary, including providing notice of breach to Users, where required under applicable law, to ensure that Personal Information is treated securely and in accordance with this Policy.

PLEASE UNDERSTAND THAT, WHILE WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION AGAINST POTENTIAL RISKS AND EXPOSURES, THERE IS NO ABSOLUTE SECURITY IN THE ONLINE/INTERNET SPHERE. THEREFORE, YOU MUST NOT DISCLOSE ANY INFORMATION ON THE PLATFORM THAT IS SENSITIVE PERSONAL DATA OR INFORMATION WHICH IS NOT REQUIRED FOR YOU TO USE OUR PLATFORM. YOU UNDERSTAND THAT THE TRANSMISSION OF INFORMATION OVER THE INTERNET IS NOT COMPLETELY SECURE AND THERE ARE RISKS ASSOCIATED WITH IT. ALTHOUGH WE STRIVE TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT GUARANTEE THE SECURITY OF THE SAME WHILE IT IS BEING TRANSMITTED TO OUR PLATFORM AND ANY TRANSMISSION IS AT YOUR OWN RISK.

MODIFICATIONS

Upsports reserves the right to modify the Policy at any time in its sole discretion and to reflect changes to the Platform or Games, for any changes in the law or for any reason whatsoever. We shall alert you of any changes in the Privacy Policy within 24 (twenty-four) hours of effecting any change by way of sending you an email to the registered email address or posting notifications in your account. The User will be deemed to have accepted the Policy, as amended, if the User continues to access the Platform after the Policy is modified. If the User does not agree to the changes, the User must discontinue accessing the Platform as well as the Games, including cancelling any paid services. Discontinuing use of the Platform will not affect the applicability of the Policy to the Users’ prior access to and use of the Platform or Games.

GREIVANCE REDRESSAL  

Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer mentioned below in writing or through email signed with the electronic signature:

Email ID –  admin@upsports.in

APPLICABLE LAW & JURISDICTION

By visiting the Platform, you agree that the laws of India without regard to its conflict of laws principles, govern this Policy and any dispute arising in respect hereof shall be subject to and governed by the dispute resolution process set out in the Terms & Conditions displayed on our Platform and accessible at https://web.bazigar.in/terms-and-conditions.

LIMITATION 

Upsports will not be liable for any damages of any kind arising from the use of this platform, including, but not limited to compensatory, direct, indirect, incidental, punitive, special and consequential damages, loss of data, goodwill, business opportunity, income or profit, loss of or damage to property and claims of third parties.

RETENTION OF DATA

We may retain the Personal Information for as long as is necessary to fulfil the purposes for which it was collected or as needed to provide the Games, even after you have discontinued or deleted any account, or after the end of the provision of the Platform, if retention of such Personal Information is reasonably necessary to comply with legal obligations, meet  regulatory requirements, resolve disputes between Users, prevent fraud, or any other use. Subsequent to such a term, we will delete or anonymize your Personal Information once the purpose has been fulfilled.

FORCE MAJEURE

Not withstanding anything contained in this Policy or elsewhere, Upsports shall be under no liability whatsoever in case of occurrence of a force majeure event, including in case of non-availability of any portion of the Platform or the Games occasioned by any ‘Act of God’, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, failure of any public utility, man-made disaster, infrastructure failure, technology outages, failure of technology integration of partners or any other cause whatsoever, beyond the control of Upsports. Further, in case of a force majeure event, Upsports shall not be liable for any breach of security or loss of Personal Information, or any content uploaded by the User to the Platform.