PRIVACY POLICY

Cuberatech India Private Limited, a private limited company incorporated under the Companies Act, 2013, having its registered office at No. 1741, 9th Cross, JP Nagar 2nd Phase, Bangalore-560078 (hereinafter referred to as “Company”, “We”, “Us”, “Our” and terms of similar meaning) is committed to protecting Your privacy. This Privacy Policy shall apply to the User of the Platform (as defined in the Terms of Use). For the purposes of this Privacy Policy, the User, shall hereinafter be referred to as “You”, “Your” or “Yourself”.

This Privacy Policy shall be read in conjunction and together with the Terms of Use and forms an integral part of the agreement between You and the Company (“Terms of Use”). In the event of any conflict between the Terms of Use and this Privacy Policy the provisions of the Terms of Use shall supersede the Privacy Policy. While any conflict dealing with the data on the Platform, the provisions of this Privacy Policy shall supersede the Terms of Use. All capitalized terms not defined under this Privacy Policy shall have the meaning ascribed to it under the applicable Terms of Use.

The Website www.cubera.co and any corresponding mobile application (collectively, “Platforms”), are managed and operated by the Company. Any natural or legal person who accesses and/or uses the Platforms in any manner or uses any current or future service or functionality or offer made available on the Platforms (“Service”) will be subject to the terms and conditions for use of the Platforms as updated from time to time.

The Company has adopted this Privacy Policy to set out the manner in which personal data and other information is collected, received, stored, processed, disclosed, transferred, dealt with and handled by the Company in relation to Your use of Platforms i.e. The Platforms may contain links to other Platforms and applications. This Privacy Policy does not apply to information that You provide to, or that is collected by, any third-party through the Platforms, and any third-party Platforms or application that You access through the Platforms which leads to a third-party Platform or application not controlled/operated by Us. The Company shall not be liable for and has no control over the services provided, practices, and content of any such third-party Platform not controlled/operated by us.

By clicking on the “I accept” button on the landing page, You accept this Privacy Policy and agree to be legally bound by the same. If You do not agree to the Privacy Policy, please do not use or access the Platform.

Please read this Privacy Policy in conjunction with Our Terms of Use and other policies available at Our Platforms. When You access or use the Platform pursuant to clicking on the “I accept” button, You agree to Our Privacy Policy, and You consent to Our collection, storage, use, and disclosure of Your Personal Data including cache information for the purpose of making the Platform and/or Our service available to You, in accordance with the Privacy Policy. We collect, store, use and disclose Personal Information in accordance with all applicable laws in India, relating to the protection of Personal Information. While You may be able to browse the Platform from countries outside of India, however, please note We collect, store, use and disclose Personal Information in accordance with all applicable laws in India, that is Information Technology Act of 2000 (hereinafter referred to as “IT Act”), Digital Personal Data Protection Act of 2023 (hereinafter referred to as “DPDP Act”), which makes us compliant with the major mandates of international laws and standards.

The Privacy Policy constitutes an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

If You do not accept and agree with Our Privacy Policy, then You must cease to access or use of Our Platform. We commit to protecting Your privacy and hence Our Personal Data (defined herein below) handling practices are continually reviewed to ensure compliance with the applicable Privacy laws and regulations.

1. Interpretation

The words of which the initial letter is capitalized have meanings defined under the following Clause 2. The following definitions shall have the same meaning, regardless of whether they appear in singular or in plural form.

2. Definitions

For the purposes of this Privacy Policy:

• “Advertisement”: Refers to details (Ours or of Third Party) that may be displayed on the Platform stating the details of this model. The term shall also be interpreted in context enumerated differently on specific clauses in this Privacy Policy.
• “Application/App”: Means the applications developed by Cubera, to Users for accessing and watching Content, including all features and functionalities and user interfaces.
• “Cache”: Means a high-speed data storage layer which stores a subset of data, typically transient in nature.
• “Company”: Refers to CuberaTech India Private Limited (Cubera).
• "Consent”: Means freely given, specific, informed, and unambiguous agreement by the user to the processing of their personal information.
• “Cookies”: Are small files that are placed on Your computer, mobile device or any other device by Our Platform, containing the details of Your browsing history on Our Platform.
• “Device”: Means any IT device that can access the Platform such as a computer, a cell phone, handheld device and/ or a digital tablet.
• “Non-Personal Data”: Shall mean data that is not Personal Data.
• “Personally Identifiable Information”: Shall mean information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.
• “Personal Information/Data”: Means any information that relates to a natural person, which, either directly or indirectly or in combination with other information available with Us, can identify an individual. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
• “Sensitive Personal Data or Information”: Means sensitive information of any individual relating to password; physical, physiological and mental health condition; sexual orientation; medical records; biometric information; any detail relating to the above as provided to or received by Us for processing or storage. However, any data/ information relating to an individual that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other applicable law shall not qualify as Sensitive Personal Data.
• “Services”: Means the different services offered by Cubera, to Users for accessing and watching Content, including all features and functionalities, the application, and user interfaces and software and websites/ web pages associated with the Service, whether accessed via computer, mobile device or other technology, manner or means. For the avoidance of doubt, the term ‘Service’, shall also include all the Content available for viewing therein, all Our other services provided on or through the Service, and any software that We make available on or through the Service, unless otherwise specified.

• “Site(s)”: Means collectively all online platforms, applications, and other digital services owned, operated, or controlled by Us that link to/or display this Privacy Policy. This includes, but is not limited to, the primary Platform at www.cubera.co, subdomains, and other online services provided by Us.
• “User”: Means the individual accessing or using the Platform, or the Company, or other legal entity on behalf of which such individual is accessing or using the Platform, as applicable.

3. THIS PRIVACY POLICY HAS BEEN DESIGNED AND DEVELOPED TO HELP YOU UNDERSTAND THE FOLLOWING:

• The type of Personal Information that the Company, through its Platform, collects from its User(s).
• The purpose of the collection of means and modes of usage of such Personal Information by the Company.
• How and to whom the Company will disclose such information.
• How the Company will protect the Personal Information that is collected from the User(s); and
• How Users may access and/or modify their Personal Information.

4. COLLECTING AND USING YOUR PERSONAL DATA

WHAT WE COLLECT

• User Profile Data: This information is primarily needed to maintain the security and operation of Our sites, and for Our internal analytics and reporting purposes. While using Our Platform, You may be asked to provide the following Personal Data:
  • Username
  • Email Address
  • Password
  • Profile Photo
  • Bio
  • Location
• Personal Information and Personally Identifiable Information (PII): Personal Information means and includes all the information related to an identified or identifiable natural person. PII is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Examples include full name, address, date of birth, and contact information.
• Device Information: When using Our Platform through Your device, We may collect information such as a unique identifier number (UIN), device model, unique device identifiers, operating systems, app versions, advertisement identifiers, and mobile network information.
• Mobility Data: Details such as mobility data, geolocation, movement patterns, distance traveled, and network carrier may be collected when You use Our Platform on mobile and other devices.
• Usage Data: This includes:
  • Correspondence: Any correspondence We have with Users or should the Contact Us form be used.
  • Your preferences & Installed Apps Data: Such as time zone and language settings.
  • Your searches and other activities: The search terms You have looked up and results You selected.
  • Your browsing information: How long You used Our Platform and the features used; the ads You clicked on.
  • Your Calendar Data: For integrating features like event reminders and notifications.
  • Details of Your visits: Location and traffic data, weblogs, and resources You accessed.
  • Your Content: Information provided through Our Platform, such as email address, phone number, and product search details.
  • Your Public Posts: Information such as ratings, reviews, tips, photos, comments, etc.
  • Location Data: Information from GPS for location-based features.
  • Device Data: Type of mobile device, browser version, unique device identifiers, and crash logs.
  • Analytics Data: Includes IP address, crash logs, and performance metrics.
  • Invite Data: Information to facilitate user growth, such as email addresses for invites.
  • Admin Data: Actions taken by moderators and admins, including approvals, deletions, and bans.

• XV. Location Data: We collect Your location data. If You permit the Platform to access Your location through the permission system used by Your mobile operating system, We may also collect the precise location of Your device when the Platform is running in the foreground or background. We may also derive Your approximate location from Your IP address.
• XVI. Cookies and Similar Technologies: Like many businesses, We also collect information through cookies and similar technologies.
• XVII. Information from Other Sources: We may obtain information about You from public databases, joint marketing/advertising partners, and other third parties. Examples include social media profile information, marketing leads, and search results and links, including paid listings (e.g., sponsored links). This Privacy Policy does not apply to information collected by third-party Platforms that You access through their Platform. The Company is not liable for the services, practices, or content of such third-party Platforms.

5. HOW WE COLLECT:

• a. Personal Data: We collect data directly from You when You provide it voluntarily on the Platform, or as You navigate through the Platform (e.g., usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies).
• b. Non-Personal Data: We gather statistical and analytical information on an aggregate basis from all Users. This includes anonymized data such as clipped IP addresses, browser types, and demographic information.
• c. Usage Data: This includes data such as date, time, browser type, navigation history, and User behavior on the Platform. This data helps analyze trends, conduct audits, and understand user preferences.
• d. Purpose Limitation: We collect Personal Data only for specified, explicit, and legitimate purposes. We do not use Personal Data for incompatible purposes unless the Visitor is informed and consents where necessary.

6. WHY WE COLLECT AND HOW WE USE DATA COLLECTED:

The Company may use Personal Data for the following purposes:

• To enter a contract with You with Your Consent for legitimate business interests.
• To facilitate account creation and login, including integration with third-party accounts (e.g., Google or Facebook).
• To send marketing, advertising, and promotional communications. Explicit consent is required to opt-in by checking the box below:
  I agree to receive marketing communications.
• To post testimonials: Testimonials may include personal information, for which Your Consent will be obtained before posting. To update or delete a testimonial, please contact Us atinfo@cubera.co.
• To monetize content: Leverage user-generated data (e.g., media uploads, posts, notifications) for contextual advertising.
• To protect Our Sites and ensure safety and security (e.g., fraud monitoring).
• To enforce Our terms of use and policies.
• To provide and maintain the Platform and monitor its usage.
• To manage user accessibility and provide ease of access to product details listed on the Platform.
• To contact Users via email, phone, SMS, or other electronic communication for requested product details.
• To provide Users with news, special offers, and general information about products or services, unless opted out.
• To provide customer support.
• To use metadata from messaging patterns for targeted advertising and user engagement analysis.
• To utilize device advertiser IDs and IP addresses for personalized ads through Demand Side Platforms (DSPs) and campaign managers.
• To comply with laws, court orders, and law enforcement requests.
• For data analysis, identifying usage trends, and improving Our Platform, products, and services. Aggregated data does not personally identify Users.

• XVII. Managing and Collating Feedback/Reviews: We may collect information to collate Your feedback, provide offers, conduct surveys, and perform research on Our user base to improve the Platform.
• XVIII. Business Purposes: We may use Your information for purposes such as data analysis, identifying usage trends, determining the effectiveness of promotional campaigns, and improving Our site, products, services, marketing, and Your experience.

7. USE OF DATA COLLECTED:

We carefully collect information while taking on the role of a Data Fiduciary according to the DPDP Act and assume the roles of both Data Controller and Data Processor. We may share Your personal information in the following situations:

• a. Storage of Data: We may engage a third-party data processor to assist with storing Your data. These third parties must comply with data protection obligations equal to Our own. Any updates to the list of third-party processors will be reflected in this Privacy Policy.
• b. With Your Consent: We may disclose Your Personal Data for other purposes with Your consent. Aggregated and anonymized data may also be shared with third parties for statistical, analytic, and improvement purposes.
• c. Third-Party Service Providers: We may share data with vendors, contractors, and agents who provide services such as advertising, payment processing, data analysis, and hosting. Examples include:
  • Go Daddy
  • AWS
  This list will be updated periodically.

8. WHY WE COLLECT COOKIES:

Cookies and similar technologies are used to improve the functionality and efficiency of Our Platform. These may include first-party and third-party cookies, pixel tags, web beacons, mobile device IDs, and flash cookies. Here's how we use cookies:

• a. First-party Cookies: These are cookies placed by Us to enhance Your experience on Our Platform.
• b. Third-party Cookies: These are cookies placed by external parties to collect data on Your interaction with Our Platform.
• c. Persistent Cookies: These cookies remain on Your device to improve Your experience by recording preferences (e.g., accepting the Cookie Policy).
• d. Session Cookies: These are temporary cookies deleted when You close Your browser, used to track internet usage during a session.
• e. Cookies or Browser Cookies: Small files placed on Your device. You can configure Your browser to refuse cookies, but this may limit Platform functionality.
• f. Web Beacons: Small electronic files embedded in Our Platform or emails to track Visitor engagement with specific sections or emails.
• g. Analytical and Customization Cookies: Tools like Google Analytics and Facebook Pixels help improve Platform navigation, Visitor experience, and marketing campaigns.
• h. Advertising/Target Cookies: These cookies manage ad display and tracking across different platforms, ensuring ads align with Your interests.

Cookies may be categorized as "Persistent" or "Session" cookies. Persistent Cookies remain on Your device even when offline, while Session Cookies are deleted after closing Your browser.

9. RETENTION/STORING OF YOUR DATA

We will only keep Your personal information for as long as it is necessary for the purposes set out in this Privacy Policy unless a longer retention period is required or permitted by law (e.g., tax, accounting). When We no longer have a legitimate business need to process Your Personal Information, We will delete or anonymize it, or securely store it until deletion is possible.

10. TRANSFER OF YOUR PERSONAL DATA

Your Personal Data may be processed at locations outside Your jurisdiction where data protection laws may differ. By submitting Your information, You consent to this transfer. The Company ensures that Your data is treated securely and in compliance with this Privacy Policy.

11. DISCLOSURE OF YOUR PERSONAL DATA

• a. Corporate Partners: We may share data with affiliates and corporate partners to offer products, services, or promotions. Consent for this can be indicated by checking the box below:
  I agree to share my data with corporate partners.
• b. Business Transactions: In the event of a merger, acquisition, or restructuring, Your data may be shared with the new entity, which will be required to follow the same Privacy Policy.
• c. Law Enforcement: We may disclose Your data to comply with legal obligations, protect Our rights, prevent wrongdoing, or ensure the safety of Users and the public.

12. YOUR RIGHTS UNDER THIS PRIVACY POLICY

You have the following rights:

• The right to access
• The right to rectification
• The right to correction and erasure
• The right to restrict processing
• The right to object to processing
• The right to data portability
• The right to withdraw consent
• The right to nominate another person to exercise rights in the event of death or incapacity

13. SECURITY OF YOUR PERSONAL DATA

We comply with applicable laws, including the IT Act and DPDPA. While We strive to use industry-standard measures to protect Your data, complete security cannot be guaranteed. Please use Our services within a secure environment.

14. CHILDREN’S PRIVACY

Users under the Age of Majority require parental or legal guardian consent to use the Platform. Parents/legal guardians are responsible for ensuring the Service is appropriate for their wards. Only individuals of the Age of Majority can register an account.

15. LINKS TO OTHER/THIRD PARTY PLATFORMS

Our Platform may link to external sites. We are not responsible for the privacy policies or practices of these third-party Platforms. Please review their policies when accessing their services.

16. CONTROLS FOR DO-NOT-TRACK FEATURES

We do not currently respond to browser DNT signals. If a standard for online tracking is adopted, We will update this Privacy Policy accordingly.

17. YOUR CONSENT

By using the Platform, You consent to this Privacy Policy. To withdraw consent or request data deletion, contact Us atinfo@cubera.co.

18. AMENDMENTS TO THIS POLICY

Changes to this Privacy Policy will be updated here. We encourage You to review the policy regularly for the most current information.

19. COMPLAINTS AND GRIEVANCE REDRESSAL

For complaints or concerns, contact the designated grievance officer at:

20. HOW YOU CAN CONTACT US

For questions regarding this Privacy Policy, contact Us at: