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Privacy Policy

1.Introduction:

1.1 Hoichoi respects Your Privacy. This “Privacy Policy” covers Our practices in relation to collection, use, storing, and sharing of personal information, including sensitive personal data or information (hereinafter, “Information”), in connection with Your use of Hoichoi Platform and Service(s) and Your choices thereto.

1.2 This Privacy Policy should be read in conjunction and together with the Terms of Use available at: https://www.hoichoi.tv/tos Your use of the Hoichoi Platform(s), access to Content(s) and/ or Service(s) are governed by the “Terms of Use” and the “Privacy Policy”.

1.3 Your mere use or access of Hoichoi Platform(s) or Service(s) constitutes Your acceptance of this Privacy Policy and Terms of Use accessible at https://www.hoichoi.tv/privacy-policy and https://www.hoichoi.tv/tos respectively; and any other terms which govern the Hoichoi Platform(s), and if You do not agree to these Terms of Use and Privacy Policy, You must not avail of/ use the Hoichoi Platform(s) and/ or Service(s) and any use thereafter shall be deemed unauthorized.

1.4 You may choose to not provide certain Information, but You may not be able to enjoy all the features of Hoichoi Platform(s), or access all functionalities in the Service(s). You further shall have the option to opt-out, or delete the Information collected by Us or with Authorised Partners or Third-Party Business Partners as detailed in Your Choices and Control.

1.5 All capitalized words in this Privacy Policy shall be constructed to have the same meaning as defined herein or under the Terms of Use, unless the context otherwise implies. The terms “personal information” and “sensitive personal data or information” shall have the meaning ascribed to it by the Information Technology Act, 2000 (India) as amended, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 (India), or under applicable laws, including bye-laws, rules, regulations of Your jurisdiction.

1.6 Your use, access, or enjoyment of Hoichoi Platform or Service(s) may redirect You to other sites owned or operated by Authorised Partners and/ or other companies, including without limitation analytics companies & vendors, search information providers, market research companies, security service providers, advertisers, ad agencies, advertising networks, participatory databases, social networks, social media platforms, content programmers & content management platforms (hereinafter “Third-Party Business Partners”) and Hoichoi may or may not notify You when You have chosen to click through to another website or service while using Service(s). The information practices of Authorised Partners and Third-Party Business Partners are governed by their own terms and conditions and privacy policy, and this Privacy Policy does not reflect their practices; and accordingly, Hoichoi recommends You to review the privacy policy of the sites that You are redirected to.

2.Information we Collect:

2.1 Information You Provide Us:

2.1.1 When You sign-up to avail the Service(s) or stream Content(s) through Hoichoi Platform(s); or interact with Our customer service; or participate in Our surveys or marketing promotions, We receive and store information about You such as Your name, email address, phone number, Payment Gateway(s) information (e.g. Payment Gateway used by You during sign-up, any free trial that might be offered to You, etc.). In addition, We may also collect Your address, including ZIP Code/ PIN Code if You sign-up from any territory except India and Bangladesh.

2.1.2 When You use Our “Gift a Subscription” program, You may provide us with another person’s email or phone number so that person may be invited to avail Subscription for the Service(s) and/or enjoy/ stream Content(s). Local laws may require You to seek consent of Your contacts to provide their Information to Hoichoi, and Hoichoi will use that Information in accordance with this Privacy Policy.

2.2 Information Collected Automatically:

2.2.1 Log Files: We may access, collect, use and store Information, including without limitation, from and about the browser or Device You are using and information about Your browser type, operating system, IP address, network state, Content(s) selection, Content(s) You access/ stream, search queries, downloads, listening/ viewing times, page served, and/ or page viewed. This statistical usage data provides Us with information about the use of Hoichoi Platform(s), such as how many visitors visit specific Content(s), how long they watch such Content(s), and which hyperlinks, if any, they “click” on. It also provides Us with information about Your interactions with Content(s), as well as advertising and products or services offered through or linked from the Hoichoi Platform(s).

2.2.2 Location Information: We may access, collect, use and store certain Information about your location, such as your country or address, which you provide either directly or via device geo-location functionalities of Your device. If You access Hoichoi Platform(s) on your mobile device, we may collect Your device’s precise location. We also may derive a general location from device information (such as an IP address, GPS). Your location information is required to ensure compliance with geo-blocked Content and helps us in recommending You local Content suggestions.

2.2.3 Device Identifiers: We may automatically access, collect, use and store Your IP Address or other unique identifiers (“Device Identifier”) from Your Device(s). A Device Identifier is a number that is automatically assigned to Your Device when You access a website and/ or its servers, and includes ad-IDs (e.g. “Google Advertising ID” on Android devices or “IDFAs” on Apple iOS devices). Our computers can identify Your Device including but not limited to hardware information, mobile network information through Device Identifier. This enables us to offer You experience based on Your Device configuration and/or operating system being used by You and is required to monitor the number of Device allowed under your Membership Plan.

2.2.4 Cookies, Web Beacons, Mobile and Web SDKs:

2.2.4.1 We may also store and use cookies to collect Information and to better understand how You use Hoichoi Platform(s), how You interact with ads, to monitor web traffic , to customize Content(s) and improve user-experience. We, or Our Third-Party Business Partners, may place cookies or similar files on your Device for security purposes, to collect information enabling digital rights management, to facilitate site navigation and to personalize your experience while visiting Hoichoi Platform(s).

2.2.4.2 In addition to cookies, We may also use other technologies like web beacons to collect Your Device information, check whether You have viewed a particular web page, ad, or email message, and determine, among other things, the IP address of Your Device, and Content(s) that were viewed, the date and time when Content(s) were viewed. We may also use or work with third parties including our business partners or service providers who use mobile software development kits (“SDKs”) to collect similar Information(s). To learn more, refer to Cookies and Other Technical Information section of this Privacy Policy.

2.3 Information from Third Parties:

We may also receive Information from third parties, including without limitation, Authorised Partners, Third-Party Business Platforms, mobile network carriers, Payment Gateway(s), etc. The nature of Information provided by third parties vary depending upon Your interaction with such third party, and may include:

2.3.1 IP Addresses, telephone number, e-mail, device IDs, or other unique identifiers, as well as associated pre-paid promotion, billing, and user interface information, payment processing information.

2.3.2 Information about You (whether identifiable, de-identified, or anonymous, and whether collected online or offline) about Your interests, demographic data, purchasing behavior, and Your activities online (such as websites visited and advertisements viewed).

2.3.3 Information that enables Us to secure Our systems, prevent fraud, etc.

2.3.4 If You opt to provide Your credentials from third-party websites (such as but not limited to Google, Facebook and others), We will have access to certain Information from that site, such as Your name, profile and account information, in accordance with the authorization procedures determined by such third-party website.

2.4 Hoichoi does not and will not, at any time, request Your sensitive personal data or information (password, financial information such as bank account details, or credit card, or debit card, or other payment instrument details; physical, psychological, and mental health conditions; sexual orientation; medical records and history; biometric information). To review Our security systems, refer Data Security and Retention section of this Privacy Policy.

3.Use of Information:

3.1 Communicating with You:

We may use Information about You to communicate with You, such as:

3.1.1 Send updates about new Content(s) uploaded on Hoichoi Platform(s);
3.1.2 Details about new features of the Hoichoi Platform(s);
3.1.3 To communicate with You, either directly or through one of our Authorised Partners, for marketing and promotional announcements;
3.1.4 Consumer surveys;
3.1.5 Confirmation of your Membership Plan, including expiry and renewal thereof;
3.1.6 Deliver Service(s) You request, process transactions and send You related information, including assistance with operational requests, like password change request, etc.

These communications may be through various methods, including but not limited to email, push notifications, phone calls, text messaging, WhatsApp messages.

3.2 Grievance Redressal

3.2.1 We may use the Information to respond to Your questions and requests, and provide customer service; to resolve general queries regarding use of Service(s), Content(s), operational requests, etc.
3.2.2 We may use Your Information to determine details such as Your ISP, Device, operating system, mobile carrier to support network troubleshooting.

3.3 Viewing Recommendations and Personalized Offers & Promotions:

3.3.1 We may use Information about You to provide localized content, to provide You with personalized viewing recommendations for Content(s) that We think will be of interest to You.
3.3.2 We may use Information to offer You personalized offers and promotions by Hoichoi or third parties, including Authorised Partners, and provide You news and information We think will be of interest to You.

3.4. System Security & Compliance(s):

3.4.1. We use the Information to verify Your identity
3.4.2. We may use the Information to detect, investigate, and prevent activities on Hoichoi Platform(s) that may violate Our Terms of Use, your Membership Plan, prevent free trail fraud, or any other fraudulent activities, violate copyright, or other rules or that may be otherwise illegal; to comply with legal requirements; and to protect our rights and the rights and safety of our users and others.

3.5. Service Analysis:

3.5.1. We may use Information to perform market research, analyze and understand Our audience, improve Our Service (including improving interface experiences and Service performance). 3.5.2. Link or combine with Information we receive from others to help understand Your needs and provide You with better Service(s).

4. Information Sharing and Disclosure:

We may share and disclose Information in the following ways or for any other purpose disclosed at the time of collection:

4.1. With your consent: We may disclose Information when you provide us with your consent to do so; or
4.2. To meet legal obligation: Hoichoi may transfer and disclose your Information (i) to comply with a legal obligation; (ii) by an order under the law in force; or (iii) at the request of government authorities conducting an investigation; or
4.3. With Group Companies: We may share Your Information among associated and/or group companies as needed for data processing and storage, to provide You with access to Our Service(s), to offer you customer support, to collect your review and feedback and for other purposes described in the Use of Information section of this Privacy Policy. Please refer Your Choices and Control section of this Privacy Policy to learn how to opt-out; or
4.4. With Authorised Partners: We work in close association with retailers, telecom service providers, internet service providers, e-commerce platforms, streaming services, broadcast channels, advertising networks and platforms that may market/ distribute Service(s); . Please refer Your Choices and Control section of this Privacy Policy to learn how to opt-out.
4.5. With Third-Party Business Partners: In order to carry out Your requests, to make various features, Service(s) and Content(s) available to You, and to respond to Your queries, or for data processing and storage We may share Your Information with Third-Party Business Partners, such as companies that host or operate Hoichoi Platform(s); Payment Gateway(s); analyse data; provide customer service; sponsors or other third parties that participate in or administer Our promotions. Your Information may also be used by Us or shared with Third-Party Business Partners in connection with marketing, promotional, and other offers, as well as product information, and for such third party’s analytics and market research. The use of Your Information by Third-Party Business Partners is not guided by this Privacy Policy, and is subject to their terms of use and privacy policy. Please refer Your Choices and Control section of this Privacy Policy to learn how to opt-out; or
4.6. In the event of change of control: As We continue to develop Our business, We may sell or purchase assets. If another entity acquires all or substantially all of Our assets, or assets related to Hoichoi Platform(s), Your Information may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as transferred assets. Also, if any bankruptcy or reorganization proceeding is brought by or against Us, all such Information may be considered an asset of Ours and as such may be sold or transferred to third parties. Please refer Your Choices and Control section of this Privacy Policy to learn how to opt-out.

5. Your Choices and Control:

5.1. If at any time You wish to not share Your Information for any or all purposes under Clause 4 of this Privacy Policy, except for Clauses 4.1 and 4.2, you may opt-out from sharing Your Information; or have Your Information deleted; or correct/ update out of date or inaccurate Information that We hold; or restrict or object to processing of Your information. You can send Your request to Data Protection Officer Moloy Karmakar through e-mail at support@hoichoi.tv with the subject line “Request for opt-out/ Information deletion/ update Information” (whichever applicable). Such requests should bear Your signature- either digital or written.
5.2. You may not be able to enjoy one or more of the features or functionalities of Hoichoi Platform(s), or access the Service(s), if You choose to delete Information that We hold about You; or opt-out from sharing Your Information or restrict or object to processing of Your Information.
5.3. To access a copy of Your Information that We hold write to Us by sending an e-mail to Moloy Karmakar at support@hoichoi.tv with the subject line “Request for Information”.
5.4. If You wish to opt-out of receiving communications from Hoichoi, Authorised Partners, and/ or Third-Party Business Partners, You can follow the “unsubscribe” instructions provided in any marketing e-mails, or if You wish to opt-out from receiving push notifications on Your Device, You can manage Your preferences from your Device or App settings, depending upon the type of Device. Please note that You cannot opt-out from receiving all communications from Hoichoi, including promotional; operational messages, that We may send You through e-mails, push notifications, SMSs, and/ or WhatsApp messages.
5.5. Ad-Choices:
5.5.1. We may on our own, or in association with Authorised Partners and/ or Third-Party Business Partners present in-application advertisements and engage in data collection, reporting, ad delivery and response measurement, and/ or site analytics. To opt out of from Our collection, use, and transfer of data as described above for interest-based advertising, refer to Clause 5.1 above.
5.5.2. You may have more options depending on Your mobile device and operating system(s). For example, most device operating systems (e.g., iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices) provide their own instructions on how to limit or prevent the delivery of tailored in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems to learn more about these features and how they apply to tailored in-app advertisements.
5.6. Location Information: We may have access to certain Information about Your location, such as your country or address, which you provide either directly or via device geo-location functionalities of Your Device. If You access Hoichoi Platform(s) on your mobile device, we may collect Your device’s precise location. To disable the collection of precise location information from Your Device, You may access Your Device settings and chose to limit that collection.
5.7. We may reject opt-out requests that are unreasonable, or not required by law, including those that would be extremely impractical, could require disproportionate technical efforts, or could expose Us or Our Affiliates, Authorised Partners and/ or Third-Party Business Partners to operational risks.

6. Storge and Processing:

Your information(s) collected by Hoichoi may be stored and processed in India, Bangaldesh and/ or United States or any other country in which Hoichoi or its subsidiaries, affiliates or service providers maintain facilities.

7. Data Security and Retention:

7.1. Data Security:

7.1.1. Hoichoi uses industry practices and procedures to keep Your information safe. All information(s) provided by You or information(s) collected automatically are encrypted through a secured service layer (SSL) before it is sent to Hoichoi. To prevent unauthorized access, maintain data accuracy, and ensure correct use of information, We employ commercially reasonable and practicable security practices and procedures and security methods and technologies
7.1.2. Information is collected and transferred to and from India and US. Information is stored and processed both in India and US. Your submission of such information represents Your agreement to transfer and storage.
7.1.3. Unfortunately, the transmission of information over the internet is not completely secure. Although We strive to protect Your personal data, We cannot guarantee the security of Your data while it is being transmitted to Hoichoi; any transmission is at Your own risk. Once We have received Your information, We have commercially reasonable procedures and security practices in place to reasonably endeavour to prevent unauthorized access.
7.1.4. Support Our IT security efforts by not disclosing any of Your personal information or sensitive personal data or information on Hoichoi Platform(s). Furthermore, You can help Us protecting Your personal data by signing off when You finish using login-protected features of Service(s).
7.1.5. Hoichoi shall not be liable for any data breach if You fail to maintain the security of Your Device.

7.2. Data Retention:

We retain Your information(s) (including personal information or sensitive personal data only for as long as We believe it to be reasonably necessary for purposes set out herein for which the information was collected, subject to any legal requirements for the data to be retained for longer periods of time. We take reasonable measures to destroy or de-identify personal information in a secure manner when it is no longer required.

8. Cookies and Other Technical Information:

8.1. We, Our Authorised Partners, and/or Our Third-Party Business Partners may store cookies to Your browser/ Device or use similar technologies for the following purposes: (i) to understand and enhance Your experience on Hoichoi Platform(s); (ii) to provide, develop, maintain, personalize, protect, and improve Our Service(s); (iii) to perform analytics, including to analyze and report on usage and performance of Hoichoi Platform(s) and marketing materials; (iv) to protect against, identify, and prevent fraud and other unlawful activity; (v) to create aggregate data about groups or categories of Our Users; (vi) to synchronize Users across Devices; (vii) to remember You when You return; (viii) to check whether You received and opened Our email, clicked through a link, or otherwise interacted with our Content(s); etc. Cookies and other technologies also facilitate, manage, and measure the performance of advertisements displayed on or delivered by or through Us and/or third parties to Hoichoi Platform(s). By visiting the Hoichoi Platform(s), whether as a User or Subscriber, You acknowledge, and agree that You are giving us your consent to track Your activities and Your use of the Service(s) through the technologies described above, as well as similar technologies developed in the future, and that we may use such tracking technologies in the emails we send to You.

8.2. Managing cookies and other technologies: Cookies can either be persistent (i.e., they remain on Your Device until you delete them) or temporary (i.e., they last only until you close your browser). Check Your browser settings to learn how to delete cookies. You may adjust your browser to reject cookies from Us or from any other website. Controlling cookies via browser controls may not limit Our use of other technologies. Please review Your browser’s settings for more information. However, blocking cookies or similar technology might prevent You from accessing some of Our content(s) or Service(s).

9. Additional Information Regarding Children’s Privacy:

You must be above the age of majority as per laws of Your jurisdiction to Subscribe to the Service(s). While individuals under the age of majority may access and otherwise enjoy the Service(s), they may do so only with the involvement, supervision, and approval of a parent or legal guardian. We may require You to provide a document for the purpose of age verification.

10. Privacy Policy Changes and Updates:

Hoichoi reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Privacy Policy. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, will be posted on the Hoichoi Platform(s), and will be notified to You by e-mail, push notification, SMS, or WhatsApp messages, or any other means consistent under applicable law. You may review any material updates, revisions, supplements, modifications, and additional rules, policies, terms and reach out to Our Data Protection Officer for further information, or to opt-out from Service(s). Your continued use of the Service after any such updates take effect will constitute acknowledgement and (as applicable) acceptance of those changes.

11. Contact Us:

If You have any questions, complains, or claims about this Privacy Policy, them such correspondence should be posted to: Attn: Legal Cell
Hoichoi Technologies Private Limited,
18th Floor, Acropolis,
1858/1 Rajdanga Main Road, Kolkata 700107

Or, e-mail to legal@hoichoi.tv
Please do not share any private information (e.g. passwords, bank account details, or credit card, or debit card, or net banking, or other payment instrument details; OTP; biometric information; etc.) .

12. Public Forums:

We may offer You to publish, submit, or otherwise post reviews, comments, or communicate through chat with other Users of Our Website and/ or android and iOS App(s). Information (including personal information) that You choose to post publicly are not guided by this Privacy Policy. This information is deemed to be treated as public information and may be seen or collected by anyone, including third parties, not covered by the Terms of Use or this Privacy Policy. Hoichoi disclaims all liability arising from the distribution of any information You choose to publicly post or share through Our Website and/ or android and iOS App(s).

13. Applicable Law and Jurisdiction:

13.1. The relationship between You and Hoichoi and this Privacy Policy shall be governed and construed in accordance with the laws of India. Any proceeding shall be exclusively before the courts at Kolkata, India.
13.2. Where permitted under applicable law, You and Hoichoi agree that each other may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under applicable laws, unless both You and Hoichoi agree otherwise, the court may not consolidate more than one person’s claims with Your claims, and may not provide over any form of a representative or class proceeding.

Last Updated: 21st May 2021
Hoichoi Technologies Pvt. Ltd.

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