Privacy policy

1.1 The website https://www.pixelbin.io/ Website”) including the related mobile site (collectively called the “Platform”) are operated by Shopsense Retail Technologies Limited [CIN: U52100MH2012PLC236314] (“PixelBin”, “we”, “us” or “our”), a company incorporated under the Companies Act, 1956, having its registered office at 1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B, Ajit Nagar, Kondivita, Andheri East, Mumbai 400093.

1.2 For the purposes of these Terms, the Platform serves as a unified solution that enables users to manage, transform, and deliver their media content using the various tools and features available on the Platform. (hereinafter, “Service)”).

1.3 The policy is applicable to users who browse the Platform, use the Services and/or create an account on the Platform ("you”, “your”, “Users”).

1.4 This privacy policy (“Privacy Policy”), together with the Terms of Use governs your use of the Platform and describes our policies and procedures on the collection, use, disclosure, processing, protection, transfer, and storage of your Information (defined hereinafter) provided to us by you. By using, browsing, accessing, or purchasing any Services from the Platform you agree to be bound by the terms of this Privacy Policy and consent to the collection, storage, possession, dealing, handling, sharing, disclosure or transfer of your Information in accordance with the terms of the Privacy Policy. We shall not use the User’s information in any manner except as provided under this Privacy Policy. Capitalised terms used herein if not defined shall have the same meaning as ascribed to them under the Term of Use.

1.5 Please note that the Services on the Platform are offered from India, however, you may be able to access or browse the Website from outside the Republic of India. The data protection laws of the country you access the Website from may be different from the Republic of India. By visiting this Website, providing your Information or availing our product/service, you expressly agree to be bound by the terms and conditions of this Privacy Policy, the Terms of Use and all other policies listed and notified on the Platform, and agree to be governed by the laws of India including but not limited to the laws applicable to data protection and privacy. If you do not agree please do not use or access our Website.

1.6 This document is an electronic record and is governed by the provisions under the Information Technology Act, 2000, the the Digital Personal Data Protection Act, 2023 and the rules, regulations and guidelines issued and made effective thereunder and the amended provisions pertaining to the electronic records (“Data Protection Laws”). This electronic record is generated by a computer system and does not require any physical or digital signatures.

1.7 This Privacy Policy sets out the type of information collected from the Users, including the nature of the Sensitive Personal Data or Personal Information (defined hereinafter), the purpose, means and modes of usage of such information and how and to whom we shall disclose or transfer such information.

1.8 You may at any time withdraw your consent for collection and use of your Information by way of writing to us on support@pixelbin.io. However, please note that if you withdraw your consent, we may no longer be able to provide you with the corresponding service for which you have withdrawn your consent. It is hereby clarified that your decision to withdraw your consent will not affect the Personal Information already processed based on your previous consent (prior to the withdrawal of such consent).

1.9 Your privacy is extremely important to us. We believe in being absolutely transparent about our Privacy Policy so that you can focus on availing the Services without worrying. We maintain complete confidentiality of all your Information collected by us on our Platform.

1.10 Please take a moment to familiarize yourself with our Privacy Policy. If you do not agree with any provisions of the Terms or this Privacy Policy, we advise you to not use or access the Platform.

1.11 This Privacy Policy applies to all current and former users accessing or using the Platform and/or Services or otherwise engaging with us through email or any other means of communication.

1.12 Some of the information that we require you to provide on first accessing or registering on the Platform is mandatory and essential to the provision of our Services to you, and hence if you do not provide such mandatory information, you may not be able to access some of the features of the Platform.

You shall be asked to provide, input and/or upload data and/or information relating to you, your business, your product(s), service(s) or other individual(s), which when combined with other pieces of information available with us could reasonably allow you to be identified including:

2.1.1 name, mailing address, phone number, email address, contact details etc;

2.1.2 age, date of birth, gender;

2.1.3 financial identifiers viz financials, PAN, GSTIN certificate, VAT certificate, Bank account details etc;

2.1.4 any other usage and/or interaction details (collectively be referred to as “Personal Information”).

You shall also provide, input and/or upload and we may thereupon collect, receive, process or store certain sensitive personal data or information consisting of, but not limited to:

2.2.1 Passwords;

2.2.2 Any detail relating to the above Personal Information categories as provided to us for processing and/or providing Services, which shall be stored or processes under lawful contract or otherwise (collectively be referred to as “Sensitive Personal Data”).

Information and/or data provided, shared, uploaded as enumerated under above clause 2.1 and clause 2.2 shall collectively be referred to as “Information” under this Privacy Policy. The table below sets out the categories of Information providing clarity on the purpose of collection of such data:

You shall be asked to provide your Information, and we shall collect Information from you in the following instances:

2.3.1 anytime you visit, access, use or browse the Platform;

2.3.2 create an account on the Platform;

2.3.3 undertake any transaction on the Platform;

2.3.4 Submit feedback, queries, or support requests;

2.3.5 Interact with the Platform through cookies, log files, and similar tracking technologies;

2.3.6 We may also collect your Information from any third party service providers, affiliated entities in order to further facilitate any services, improve our quality, fufill any transactions and support cross-platform functionality etc.

We shall share your Information and use it consistent with the provisions of this Privacy Policy and as required under Data Protection Laws when required. We may also combine it with other information to provide and improve our Services, content and advertising.

You agree to provide Information, which shall be true, correct, up to date and accurate. You may access, amend, alter or require deletion of your Information partially or fully by contacting us at customer care id: support@pixelbin.io

You understand and acknowledge that the Platform and Services is not intended for use by individuals who have not attained the age of majority. In India, this refers to individuals under the age of 18 years (“Minors”). In other jurisdictions, the definition of a Minor shall align with the age prescribed under the respective local laws. We do not knowingly collect any personal information from Minors, nor do we knowingly provide any services to Minors. If we become aware that we have inadvertently collected personal information from a Minor, we will take appropriate steps to delete such information within a reasonable timeframe, in accordance with applicable data protection laws. If a parent or legal guardian becomes aware that their child has provided personal information on the Platform without their consent, they may contact us at privacy@pixelbin.io to request the deletion of such information. Please note that we disclaim any liability or responsibility for any harm, loss, or damage suffered by a Minor resulting from the use of the Platform and/or Services, in contravention of this Privacy Policy or the Terms of Use.

We shall collect, use, manage or process your Information for the following purposes:

3.1.1 For creating and giving you access to your registered account on the Platform;

3.1.2 To manage user accounts, authenticate users;

3.1.3 For the purpose of enabling you the Services available on the Platform;

3.1.4 To develop, deliver, process and improve our products, Services, content and/or the Platform in order to personalize and improve your experience based on usage patterns;

3.1.5 To send marketing and promotional communications, subject to your explicit consent about our products, Services, offers, updates, upcoming events, including providing you information in relation to invoices, technical notices, security alerts or any other service related messages or other related information;

3.1.6 For internal analytical and research purposes such as auditing, data analysis and other internal functions;

3.1.7 To meet any legal or regulatory requirement or comply with a request from any governmental or judicial authority including but not limited to tax, audit and fraud prevention requirements;

3.1.8 To provide to our affiliates for operational, support and compliances purposes;

3.1.9 To resolve any request, dispute, grievance or complaint raised by you in relation to your use of the Platform;

3.1.10 To support cross-platform functionality (if any) and;

3.1.11 For any other purpose as may be required under applicable Data Protection Laws.

4.1.1 We may from time to time be required to disclose the Information collected from you to relevant third party service providers who shall assist us in order to facilitate, and/or improve the provision of Services on the Platform viz our affiliates, partners including but not limited to sub-contractors, personnels, customer support platforms, analytics service providers etc. Such Information shall be shared on a need to know basis. For instance, we may share your Information with third party payment gateway provider to process transactions on the Platform. By using the Platform, you consent to any such disclosure of your Information with third party service providers. We ensure that such third party service providers are bound by reasonable confidentiality obligations and/ or use, maintain and follow generally accepted industry and security standards with respect to such Information.

4.1.2 We may also disclose your Information when such disclosure is requisitioned under any law or judicial decree or when we, in our sole discretion, deem it necessary in order to protect our rights or the rights of other Users, to prevent harm to persons or property, to fight fraud and credit risk.

4.1.3 We may also disclose or transfer your Information to any third party as a part of reorganization or a sale of the assets, division or transfer of a part or whole of us. We shall ensure that third party to which we transfer or sell our assets will have appropriate confidentiality and security measures, at least as protective as those described in this Privacy Policy, to handle your Information. You will have the opportunity to opt out of any such transfer if the new entity's planned processing of your Information differs materially from that set forth in this Privacy Policy.

4.1.4 A third party payment gateway provider may be required to collect certain financial information from you including, including but not limited to credit/debit card number, bank account details etc (collectively referred to as “Financial Information”). All Financial Information collected from you by such third party payment gateway providers will be used only for the purpose it has been collected viz billing and payment processes. The Financial Information collected from you is transacted through secure digital platforms of approved payment gateways which are under encryption, thereby complying with reasonably expected technology standards. The verification of the Financial Information shall be accomplished only by you through a process of authentication in which we shall have no role to play and hence, we shall bear no liability in relation to the same. We shall neither be liable nor responsible for any actions or inactions of third party payment gateway providers or any breach of conditions, representations and warranties given by them. We shall also not be obligated to mediate or resolve any dispute or disagreement between you and such third party payment service providers.

4.1.5 While we take best efforts to ensure that your Information is duly protected by undertaking security measures prescribed under applicable laws, you are strongly advised to exercise reasonable discretion while providing your Information including Financial Information while using services of any third party service providers given that the internet is susceptible to security breaches.

4.1.6 Your Information shall be stored, processed and transferred in our facilities and servers in India and/or any other country, as we may choose at our sole discretion, subject to having a secure environment with appropriate physical and logical access controls. By using the Platform, you consent to such storing, processing and transferring of your Information at our discretion.

4.1.7 We reserve the right to conduct a security review at any time to validate your identity, age, the state from where you are accessing the Platform and other registration data provided by you and to verify your use of the Services and your financial transactions for potential breach of our Terms of Use and of the applicable law. By using the Platform, you authorize us, our staff, agents to use and share your Information and to disclose your Information to such third parties for the purposes of validating the Information you provide to us.

5.1 The security of your Information is important to us. We have implemented security policies, rules and technical and organizational measures, as required under applicable Data Protection Law including firewalls, TLS encryption, regular audits, transport layer security and other physical and electronic security measures to ensure protection of your Information from unauthorized access, improper use or disclosure, unauthorized modification and unlawful destruction or accidental loss. Please note that we use such standards and security measures in safeguarding your Information as required under applicable Data Protection Laws.

5.2 However, it is clarified that although we make best possible efforts to collect, store, process, and transmit your Information in a secure operating environment that is not open to public, you understand and acknowledge that there is no such thing as complete security and we do not guarantee that there will be no unintended disclosures of your Information and potential security breaches. You agree not to hold us responsible for any breach of security or for any action of any third parties that receive your Information or events that are beyond our reasonable control including, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.

5.3 Please note that you have the right to a) access your Information; b) request rectification or deletion of your Information; c) restrict or object to processing of your Information. We have a strong notice and takedown mechanism in place, in case it has come to your knowledge that the Information is being misused or used in for any illegal or fraudulent activity, you are required to inform us on immediate basis. To exercise your rights, you are requested to email us at support@pixelbin.io or contact us at privacy@pixelbin.io.

6.1 Due to the communications standards on the internet, when you visit, access or browse the Platform, we automatically receive various electronic identification data, such as the uniform resource locator of the site from which such you visit, access or browse the Platform, details of the website you visit on leaving the Platform, the internet protocol (“IP”) address, device information (including device name, device type, operating system, time zones, and data identifiers), browser data (type of web browser the User is using, email patterns, and the name of the User’s internet service provider), location data, access logs, usage behaviour etc (collectively referred as “Technical Data”). The Technical Data is used to maintain login sessions, analyse overall User trends, to help us improve our Services, and serve personalized ads via third parties (if any). Please note that the link between the User’s IP address and the User’s personally identifiable information is not shared with third parties without such User’s permission or except when required by law or to provide or facilitate the User with the Service(s). Notwithstanding the above, You acknowledges that we reserve the right to share your Information including Financial Information and Technical Data in an unidentifiable, aggregate form, and not the specific data with any of our partners, advertisers, sponsors, investors etc on a need to know basis in order to help grow the business. The amount of Technical Data sent to us depends on the settings of the web browser used by the User to access the Platform. The User may refer to the browser used, if the User wishes to learn what information is provided to us.

6.2 Cookies are small files to enhance user experience and analyze traffic. The following table outlines the types of cookies utilized, along with the purpose of their collection:

6.3 You understand that you may set or amend your web browsers to delete or disable cookies. If you choose to disable cookies on your computer or mobile telecommunication device, it may impair, degrade or restrict access to certain areas of the Platform. In case you wish to delete any Technical Data, you can write to us at privacy@pixelbin.io for such request.

6.4 We may allow other third party service provider or entities to serve advertisements and/or offer their products or services on the Platform to you. In case you opt to avail services from any such third-party service providers, you shall be governed by the terms and privacy policies of such third party service providers. . We may target some advertisements to you on the Platform that fit a certain general profile. We do not use or share your Information to target advertisements specifically to you. In the course of serving advertisements or optimizing the Services on the Platform for Users, we may allow authorised third parties to place or recognize a unique cookie on the User’s browser.

6.5 You agree and understand that we do not exercise control over third party websites displayed as search results or links on the Platform. These other sites may place their own cookies or other files on the Users’ computer, collect data or solicit personal information from the Users, on which we have no control and shall not be held responsible or liable. We do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor do we guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by us of such websites, the websites’ provider, or the information on such websites.

6.6 We may keep records of telephone calls received from and made to Users for the purpose of administration of services, research and development, training, business intelligence, business development, or for User administration. We may share such telephone records with third parties when required by law or when required to provide or facilitate the User with the services.

6.7 You consent to our reproduction/publishing of all testimonials and reviews given by you on the Platform in relation to the Services or the Platform. You agree that we may edit the testimonials and reviews provided by you and reproduce/publish such edited or paraphrased versions of the testimonials and reviews on the Platform. If the User has any concerns with the reproduction/publication of any testimonial or review provided by you, the User may contact us at customer care id: support@pixelbin.io.

7.1 If you choose to opt for or engage with any service offered by a third-party service provider through the Platform, we may share your Information with such third parties to facilitate the provision of their services to you. In such instances, these third-party service providers may market their own services, send promotional emails, or engage in other promotional communication with you. We shall not be liable for any such communications or interactions between you and the third-party service providers.

7.2 We may send you promotional offers, product updates, or service announcements based on your preferences and consent provided. If you wish to remove your contact information from all our mailing lists and newsletters, you can click on the "unsubscribe" link or follow the instructions in each e-mail message. Alternatively, you can update your communication preferences in your account settings or you can contact us at customer care id: support@pixelbin.io. We reserve the right to limit membership based on availability of contact information. All Users will be notified by email prior to any actions taken.

8.1 We will retain your Information for a period necessary to fulfil any legal, regulatory, internal business requirements or as required or permitted under the applicable Data Protection Laws. However, it is clarified that media files are deleted when you remove them on the platform.

8.2 You can exercise your right at any time to delete any Information that you have provided to us by writing to us at support@pixelbin.io or privacy@pixelbin.io Upon receipt of such request, your Information will be securely erased within a period of 90 (ninety) days from the date of intimation, provided no legal or contractual obligations prevent such deletion.

8.3 Deletion requests under the following circumstances may be denied:8.3.1

Where required by applicable government or regulatory mandates;

8.3.2 In the event of incomplete financial transactions;

8.3.3 If the request is found to be fraudulent or invalid;

9.1 We reserve the right to modify and/or amend this Privacy Policy at any time.

9.2 The Privacy Policy, as and when modified, shall be updated on the Platform. We encourage you to review this Privacy Policy whenever you visit our Platform to understand how your Information is used.

10.1 The terms of this Privacy Policy shall be governed and construed in accordance with the laws of India. Any dispute regarding or arising out of this Privacy Policy shall be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra.

11.1 Whenever possible, each section of this Privacy Policy shall be interpreted in a manner so as to be valid under applicable law. However, in the event any provision is held to be prohibited or invalid, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or other remaining provisions of this Privacy Policy.

12.1 In case, you have any questions, grievance or complaints about this Privacy Policy, or the Platform, you may contact our grievance officer on the below mentioned details:

Name: Sana Kazi

Email Address: grievance@gofynd.com

Contact Number: 8208165311

Registered Office: Shopsense Retail Technologies Limited1st Floor, Wework Vijay Diamond, Opp. SBI Branch, Cross Road B, Ajit Nagar, Kondivita, Andheri East, Mumbai 400093

12.2 Further, incase of any privacy related issue you can write to us at privacy@pixelbin.io

12.3 Further, if you wish to raise a formal complaint, you may contact India’s Data Protection Board/Data Privacy Board of India, as per applicable law.