Privacy Policy – Bahumukhi Kalakaar Sangam

BKS

Privacy Policy

The terms and conditions contained in this policy constitutes the privacy policy (“Privacy Policy”) governing the use of the Web Site (as defined in the Terms of Use) and shall be construed as a part of the Terms of Use. This Privacy Policy is designed to answer your questions regarding our privacy policies and principles.

BAHUMUKHI KALAKAAR SANGAM (“BKS” for short) and its affiliates respect your privacy. This privacy policy describes the treatment of information, provided or collected on the sites where this privacy policy is posted. It also explains the treatment of information provided or collected on applications we make available on third-party sites or platforms if disclosed to you in connection with use of the application.

We follow this privacy policy in accordance with local laws prevailing in the places where we operate. This Policy does not apply to the procedures and practices followed by entities that are not managed, owned or controlled by the Company and the site https://bhartiyakalakaar.com/ or to the people that are not engaged, employed or managed by the Company the site https://bhartiyakalakaar.com/ .

GENERAL
INFORMATION COLLECTED BY US
HOW WE USE AND SHARE THE INFORMATION
CHOICES YOU HAVE ABOUT THE COLLECTION, USE, AND SHARING OF YOUR PERSONALLY IDENTIFIABLE INFORMATION
CORRECTION OF INFORMATION
CHANGES TO PRIVACY POLICY
REFUND & CANCELLATION POLICY

A. GENERAL

Thank you for visiting https://bhartiyakalakaar.com/ (Site / Web Site).By continued access to this site you give your implied consent to the terms and conditions mentioned hereunder, in case of refusal, we request you to leave the site. This Privacy Policy applies only to personally identifiable information collected on the Web sites where this Privacy Policy is posted and does not apply to any other information collected by https://bhartiyakalakaar.com/ through any other means. This Privacy Policy applies to use and sharing of personally identifiable information collected before, on, and after the date that this Privacy Policy is posted. We will also apply this Privacy Policy to personally identifiable information collected in the course of Non-Registered Transactions (as defined below) that occurred prior to the date that this Privacy Policy is posted, but only if the members accepts the terms and conditions of this Privacy Policy.

https://bhartiyakalakaar.com/ (the “Web Site”) is controlled and run by BKS. As used in this Privacy Policy, BKS includes all of its subsidiaries and affiliated entities, portals, websites, as well as companies that generally offer their products and services under the “BKS” brand name, and are referred to in this Privacy Policy as “we,” “us,” “our,” and “ourselves.”

In keeping with the traditions of BKS, we refer to users of https://bhartiyakalakaar.com/ as “members.” When this Privacy Policy uses the term “personally identifiable information,” we mean information that identifies a particular individual, such as the individual’s name, postal address, e-mail address, telephone number, credit card details, bank account details, gender, and age. When other information, such as consumer product preferences or a number of children, is directly associated with personally identifiable information, this other information also becomes personally identifiable information for purposes of this Privacy Policy. Personally identifiable information is sometimes referred to in this Privacy Policy as “personal information.” Finally, the terms of this Privacy Policy are subject to all applicable laws.

B. INFORMATION COLLECTED BY US
~ Information You Provide to Us ~

Much of the personally identifiable information we receive comes directly from members who are interested in obtaining s membership and services from us. Typically, this information includes the members’ name, address, e-mail address, telephone number, fax number, and information about your interests in and use of various services, In the course of these various offerings. We may also collect other types of information such as gender, age, number of children, and personal interests, which we may associate with personally identifiable information. If you obtain online membership or use services from us, we will note, for example, credit card information, the type of services used, and the date of the usage. We collect personal information when you register on, log on, or visit our Website, including when you participate in activities on our Website,

At some stage in this site, you may also submit information about other people. For example, you might submit a person’s name and e-mail address to share an article / story OR you might submit the recipient’s name and address, if you are sending a product /gift directly to that person.

At certain parts of some of our sites, only persons who provide us with the requested personally identifiable information will be able to avail of special offers, to order products, programs, and services or otherwise participate in the site’s activities and offerings. The Information so provided shall be completely voluntary.

We make chat rooms, forums, instant messenger and message boards and other services available to you. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when disclosing your personal information to anyone.

If you use a bulletin board or chat room on this site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.

We are the sole owners of your information collected by us at several different points on our Website.

~ Information Collected Through Technology ~

We collect information through technology to make our sites more interesting and useful to you. For instance, when you come to one of our sites we collect your IP address. An IP address is often associated with the portal through which you enter the Internet, like your ISP (Internet service provider). Standing alone your IP address is not personally identifiable. We also may use IP addresses to collect information regarding the frequency with which our members visit various parts of our sites. We may combine this information with personally identifiable information.

Our Web sites also use cookies. Cookies are pieces of information that a Web site sends to your computer while you are viewing the Web site. We and other companies use cookies for a variety of purposes. For instance, when you return to one of our sites after logging in, cookies provide information to the site so that the site will remember who you are. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have access to many features that make your Web experience smoother (like the features mentioned above) and some of our services will not function properly.

Our Web sites use a variety of technical methods for tracking purposes, including Web beacons. Web beacons are small pieces of data that are embedded in images on the pages of Web sites. We also use these technical methods to analyze the traffic patterns on our Web sites, such as the frequency with which our users visit various parts of our Web sites. These technical methods may involve the transmission of information either directly to us or to another party authorized by us to collect information on our behalf. We also use these technical methods in HTML e-mails that we send our members to determine whether our members have opened those e-mails and/or clicked on links in those e-mails. The information from use of these technical methods may be collected in a form that is personally identifiable.
Many advertisements are managed and placed on our Web sites by third parties. These companies are called “network advertisers.” Network advertisers who place advertisements on our Web sites may also use cookies and Web beacons to collect non-personally identifiable information when you click on or move your cursor over one of their banner advertisements. You may not realize this information is being collected. In some cases, we may have access to information from Web beacons and cookies used by network advertisers on our sites and this information may permit us to identify other sites that you have visited that are also associated with the network advertiser. Finally, once you’ve clicked on an advertisement and have left our Web sites, our Privacy Policy no longer applies and you must read the privacy policy of the advertiser to see how your personal information will be handled on their site.

We, our service providers, advertisers and affiliates may collect various types of non-personally identifiable information when you visit any of our sites. A list representing the types of non-personally identifiable information we may collect include: current Internet protocol address and type of browser you are using , the type of operating system you are using, the domain name of your Internet service provider , the web pages you have visited, sites visited before and after you visit our site, the type of handheld or mobile device used to view the site, location information, the content you have accessed and the advertisements you have been shown and/or clicked on.

When you provide information through social media account, it can help enable us to do things like

(1) give you exclusive content,

(2) personalize your online experience with us within and outside our applications or websites, and

(3) contact you through the social networking sites or directly by sending you the latest news, special offerings, and rewards.

By doing so, you consent to the use of this information in accordance with our privacy policy. When you provide personal information to us through an application, on our sites, or on social networking sites, it may be publicly viewed by other members of these sites and we cannot prevent further use of the information by third parties.

Through some social networking sites’ privacy settings, you can control what data you share. For more information about how social networking sites handle your personal information, please refer to their privacy policies and terms of use.

~ Information That We Collect from Others ~

We may supplement personally identifiable information that we have collected directly from our members with other information that we obtain from third parties and other members / affiliates of BKS.

In addition, we may obtain information about individuals who are not yet users of our Web sites or members of BKS. In addition, when we associate information that we obtain from third parties or other members / affiliates of BKS with personally identifiable information that we have collected under this Privacy Policy, we will treat the acquired information like the information that we collected ourselves and, except as permitted by this Privacy Policy, the information will not be shared with third parties.

C. HOW WE USE AND SHARE THE INFORMATION

BKS may use your personally identifiable information in many ways, including sending you promotional materials, and sharing your information with third parties so that these third parties can send you promotional materials. (By “promotional materials,” we mean communications that directly promote the use of our Web sites, or the purchase of products or services.)

BKS and Co-Branding Participants

Personally identifiable information collected under this Privacy Policy is shared among and used by BKS for many purposes. For example, BKS may use your personal information to send you promotional materials about services (including special offers and promotions) either offered by BKS or offered by third parties. These promotional materials may be sent to you by postal mail, e-mail or other means. Please keep in mind, however, that when you purchase or request products or services from BKS, promotional materials may accompany delivery of that product or service.

BKS may also use your personal information for many purposes other than sending you information/ notifications and / or circulars. (We refer to all of these types of uses of your personal information that do not involve the sending of promotional materials as “Operational Uses.”)For example, we may use your information to complete transactions requested by you (such as online membership or usage of services offered on our Web sites), or to send you administrative communications either about your account with us or about features of our Web sites, including any future changes to this Privacy Policy.

In addition to using your personal information within BKS, BKS, may share your personal information with associations that are affiliated and / or related to BKS or offer services under brand name of BKS These companies are called “licensees.” For example, a company that publishes and sells books under the “BKS” brand would be such a licensee.

BKS may also share your information with companies that offer products and/or services that are co-branded using brand names of BKS.

When BKS shares personal information with third parties acting as licensees and co-branding participants, these licensees and co-branding participants are restricted by contract from using the personal information for any marketing or promotional purpose that is not related to a licensed or co-branded product or service.

Finally, BKS. may take your personally identifiable information and make it non-personally identifiable, either by combining it with information about other individuals (aggregating your information with information about other individuals), or by removing characteristics (such as your name) that make the information personally identifiable to you (de-personalizing your information). Given the nature of this information, there are no restrictions under this Privacy Policy upon the right of BKS. to aggregate or de-personalize your personal information, and BKS. may use and/or share with third parties the resulting non-personally identifiable information in any way.

Third Parties Offering Promotions, Products, or Services

BKS may share your personal information with selected third parties so that they can send you promotional materials about goods and services (including special offers and promotions) offered by them. When sharing your information for promotional purposes, BKS attempts to select only reputable companies that offer high quality products and services.
Moreover, BKS will not share your e-mail address with third parties for promotional purposes, except when you consent to such sharing in the course of your participation in a Sponsored Activity.

BKS may disclose personally identifiable information to third parties whose practices are not covered by this privacy statement (e.g., other marketers, magazine publishers, retailers, participatory databases, and non-profit organizations) that want to market products or services to you.

When BKS shares your personal information with a third party under any circumstance described in this “Third Parties Offering Promotions, Products, or Services” section, your personal information will become permanently subject to the information use and sharing practices of the third party, and the third party will not be restricted by this Privacy Policy with respect to its use and further sharing of your personal information.

BKS may also share your personal information when you respond to promotional materials from BKS. and authorize a third party to use your personal information for purposes such as, for example, sending you additional promotional materials, providing you a product or service, or entering you in a contest, sweepstakes or game. (We refer to all of these activities and requests as “Sponsored Activities.”) When you participate in Sponsored Activities, you will either be required or requested to agree that the sponsor or business associate may use your personal information (including, in some cases, your e-mail address) in accordance with the sponsor or business associate’s privacy practices.

Companies That Facilitate Communications and Transactions with You

Sometimes CINTA also works with other companies who help either gather your information or communicate with you. Except as separately permitted by other provisions of this Privacy Policy, these companies are allowed to gather, receive, and use your information only for the purposes described in this paragraph or as required by law.

Disclosures Required By Law and Disclosures to Help Protect the Security and Safety of Our Web Sites, BKS. and Others

BKS will disclose personal information when it believes in good faith that such disclosures

(a) are required by law, including, for example, to comply with a court order or subpoena, or

(b) will help to: enforce our Terms of Use; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of our Web sites, BKS, and/or third parties, including the safety and security of property that belongs to BKS. or third parties.

We may disclose personally identifiable in response to a law enforcement agency’s request, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, to verify or enforce compliance with the policies governing our sites and applicable laws or as otherwise required or permitted by law or consistent with legal requirements.

We may use the information you provide about yourself to fulfill your requests for our, programs, and services, to respond to your inquiries about our offerings, to offer you other, programs or services that we believe may be of interest to you, to enforce the legal terms that govern your use of our sites, and/or for the purposes for which you provided the information.
We may sometimes use this information to communicate with you, such as to notify you about our meetings, elections, update on issues facing the industry or when we make changes to our subscriber agreements, to fulfill a request by you for an online newsletter, or to contact you about your account with us.

The information we collect in connection with our online forums and communities is used to provide an interactive experience. We may use this information to facilitate participation in these online forums and communities and, from time to time, to offer you products, programs, or services.

If you choose to submit content for publication (e.g., a letter to our editors, comments sent to our artists, a posting to a blog or a discussion board, a video), we may publish your screen name and other information you have provided to us.

We may on occasion combine information we collect through our sites with information that we collect from other sources .We use the non-personally identifiable information that we collect to improve the design and content of our sites, to deliver more relevant marketing messages and advertisements and to enable us to personalize your Internet experience. We also may use this information to analyze usage of our sites, as well as to offer you products, programs, or services.

Others

Some of our sites contain links to or integrations with other sites such as Facebook, Twitter, LinkedIn, etc., whose information practices may be different than ours. Visitors should consult the other sites’ privacy notices as we have no control over information that is submitted to, or collected by, these third parties.

We also use the services of reputable third parties to provide us with data collection, reporting, ad response measurement, and site analytics, as well as to assist with delivery of relevant marketing messages and advertisements. These third parties may view, edit or set their own cookies. We, our third party service providers, advertisers and/or partners may also place web beacons for these third parties. The use of these technologies by these third parties is subject to their own privacy policies and is not covered by this privacy statement.

Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this privacy statement.

D. CHOICES YOU HAVE ABOUT THE COLLECTION, USE, AND SHARING OF YOUR PERSONALLY IDENTIFIABLE INFORMATION

BKS provides members with the opportunity of deciding whether to receive unsolicited communications from BKS and share personal information. This applies to information sent to Third Parties for promotions, products, and/or services unrelated to a specific transaction and information shared with BKS, licensees, co-branding participants, and others from time to time. You may make this decision when you first register on the Web Site and you may change your decision at any time by visiting the website and following the required instructions for change

E. CORRECTION OF INFORMATION

Access to personally identifiable information that is collected from our sites and that we maintain may be available to you. For example, if you created a password-protected account within our site, you can access that account to review the information you provided.

BKS provides you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information.

In accordance with local law, your controls and choices may include:

You may correct, update and delete your registration account
You may change your choices for subscriptions, newsletters and alerts
You may choose whether to receive from us offers and promotions for our products and services, or products and services that we think may be of interest to you
You may choose whether we share your personal information with other companies so they can send you offers and promotions about their products and services
You may choose whether to receive targeted advertising from many ad networks, data exchanges, marketing analytics and other service providers here
You may request access to the personal information we hold about you and that we amend or delete it and we request third parties with whom we have shared the information do the same.

F. CHANGES TO PRIVACY POLICY

BKS may amend this Privacy Policy at any time. If we make any material changes in the way we collect, use, and/or share your personal information, we will notify you by sending you an e-mail at the last e-mail address that you provided us, and/or by prominently posting notice of the changes on the Web sites covered by this Privacy Policy.

Any material changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on the Web sites covered by this Privacy Policy.

Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of personal information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us.

G. REFUND & CANCELLATION POLICY

Refund and Cancellation Policy for BKS membership and other services

BKS reserves the right to refuse/cancel work permit application without reasons assigned. In such cases members are not eligible to get refund of membership fees or any form of charges prescribed by us from time to time.
Cancellation/Refund Policy is not applicable to individuals who have applied for Membership of BKS or are existing Regular members/Life members.

BKS Event Refund/Cancellation Policy

BAHUMUKHI KALAKAAR SANGAM(BKS) reserves the right to cancel an event due to low enrollment or any other unavoidable circumstances which would make the event non-viable.
If BKS cancels an event, members will be offered a refund.
In case of rescheduling of an event, members will have the option to either receive a full refund or transfer registration to the same event at the new, future date.
No refunds will be made to members who chose not to attend an event.
Services offered by BKS Associates are subject to the return policy of the Associates.

NORMS TO OBTAIN WORKPERMIT

Artiste having worked in their respective art form and can provide documents and proof to substantiate the same.
Fresher may submit letter of recommendation from the BKS senior artists members
Artists having Diploma / Degree from institutes recognized by Government may not submit Agreement / Letter of Engagement for obtaining membership but only a letter of recommendation.
In case if you do not meet any of the above criteria, you can video-record a small monologue as per BKS’s instructions.
Membership and Application charges are non-refundable
Annual membership Fees and other charges are non-refundable

Note:- The members will be charged convenience fees as applicable while making online payments depending on the modes used for payment.

Further Explained as below

I. General Conditions of Use

Preamble
Bahumukhi Kalakaar Sangam, popularly known as BKS, is an autonomous body formed to ensure the welfare of Indian-origin artists and technicians in the fields of TV, cinema, and various art forms, including digital and fine arts. BAHUMUKHI KALAKAAR SANGAM, is a socio-cultural organisation providing Artists platforms for various ideas to conceptualise, strategize and venture out.

To access, browse, or use our Services, the User must agree to be unconditionally bound by these Terms. The User can accept the Terms by clicking to accept or by agreeing to the Terms where this option is made available in any agreement, electronic form, or the user interface for any Service BAHUMUKHI KALAKAAR SANGAM offers, or by actually using the Services. By subscribing to or using the Site, the Platform or the Services, the User will be deemed to have read and accepted without reservation the current version of these General Terms of Use and the User represents and warrants that its representative is at least 18 years of age and that this representative possess the legal right and ability to enter into these Terms of Use. As the Users are accessing the Services on behalf of a legal entity, the User represents and warrant that its representative is authorized to act on behalf of the legal entity and to bind such legal entity to these Terms of Use.

Any special conditions potentially negotiated between BAHUMUKHI KALAKAAR SANGAM and the User shall prevail over these General Conditions of Use.

The terms used in this document are defined as follows:

The “User” means any natural or legal person using the BAHUMUKHI KALAKAAR SANGAM Services.

The “Services” provided by BAHUMUKHI KALAKAAR SANGAM are the features made available to Users via the Site such as sending SMSs and emails, providing reports or optimising the deliverability of messages sent.

The “data processor” is the company that performs data processing at the request of a data controller. Thus, BAHUMUKHI KALAKAAR SANGAM acts as a data processor to make its Services available to Users, who define the purpose and the means of the processing. BAHUMUKHI KALAKAAR SANGAM may also use secondary processors (“sub-processors”) to carry out data processing on its behalf.

The “User’s data” is understood as data processed by BAHUMUKHI KALAKAAR SANGAM on behalf of the Users within the framework of the performance of the Services subscribed.

“Personal data” means information relating to an identified or identifiable natural person.

The “Parties” shall mean BAHUMUKHI KALAKAAR SANGAM and the User

1) Purpose of BAHUMUKHI KALAKAAR SANGAM Services

BAHUMUKHI KALAKAAR SANGAM is a socio-cultural organisation providing platforms for various ideas to conceptualise, strategize and venture out.

2) User account management

The use of BAHUMUKHI KALAKAAR SANGAM Services may or may not requires the creation of an online account.

The Users are responsible for the accuracy of the information they provide and undertake to update the information concerning them or to notify BAHUMUKHI KALAKAAR SANGAM without delay of any change affecting their situation.

The Users shall take all useful measures to maintain the confidentiality of access to their account.

In the event of fraudulent use of their account, the Users undertake to immediately notify BAHUMUKHI KALAKAAR SANGAM and change their access password without delay.

Any costs resulting from such unauthorised use shall be borne by the Users until BAHUMUKHI KALAKAAR SANGAM has been notified by them of such use.

BAHUMUKHI KALAKAAR SANGAM shall in no event be liable for material or immaterial damages resulting from the use of the account by a third party, with or without the Users’ permission.

BAHUMUKHI KALAKAAR SANGAM shall store messages sent through its platform on behalf of the Users. Distribution lists shall be maintained as long as the Users correctly set up and update their account. BAHUMUKHI KALAKAAR SANGAM shall protect the integrity, confidentiality and administrative, material and technical security of the Users’ personal information.

3) Financial conditions

By subscribing to BAHUMUKHI KALAKAAR SANGAM Services, the Users agree to pay the price corresponding to the Services selected and to their country of residence.

Unless specifically otherwise stipulated, the prices of the Services subscribed shall be paid at the time of subscription and in the currency in which they were invoiced.

4) Use of the Services

4.1 Compliance with applicable regulations

Each Party declares that it shall respect the regulations applicable to its activity.
In general terms, the Users shall guarantee that the information sent via the BAHUMUKHI KALAKAAR SANGAM Services does not contravene any legal or regulatory provision or a provision resulting from an international agreement applicable to them and in particular the provisions in force in France, in the State in which the User carries out their activity and in the State in which the persons appearing on the distribution lists reside, nor the rights of third parties.

The sending of email and SMSs to customers and prospects is subject to the applicable data protection and digital marketing laws and regulations, in particular, without this list being exhaustive:

United States: Telemarketing Sales Rule, Federal Telephone Consumer Protection Act, Can-Spam-Act.
In France: Articles L.34-5 of the French Post and Electronic Communications Code (Code des postes et des communications électroniques) and section L.122-8, L122-9 and L122-10 of the French Consumer code.
In Italy: Italian Code on Data Protection (Codice in materia di protezione dei dati personali).
In Spain: Law 34/2002, of 11 July 2002, on company information services and electronic commerce (Ley 34/2002, de 11 de julio, de servicios de la sociedad de la información y de comercio electrónico) and Ley Orgánica 3/2018, de 5 de diciembre, de Protección de Datos Personales y garantía de los derechos digitales.
In the United Kingdom: The Privacy and Electronic Communications (EC Directive) Regulations 2003.

User’s intellectual property rights
The Users authorise BAHUMUKHI KALAKAAR SANGAM to use their name, brand and visual identity solely for the purpose of executing the Services and promoting the objectives of BKS.

The Users guarantee to BAHUMUKHI KALAKAAR SANGAM:

that they have full power and authority to exploit and grant intellectual and industrial property rights and that these rights are in no way assigned, hypothecated, encumbered or in any way vested in a third party;
that they have not and will not, by assignment to a third party or by any other means, do anything likely to compromise the use of intellectual and industrial property rights;
that they have not nor will not introduce into their campaigns any sequence, reproduction or reminiscence likely to infringe on the rights of third parties;
that no litigation or proceedings are pending or about to be brought in relation to the intellectual property rights.

In addition, the Users shall undertake to guarantee BAHUMUKHI KALAKAAR SANGAM against any claim by third parties as well as any penalty that BAHUMUKHI KALAKAAR SANGAM may find itself imposed against it resulting from any non-compliance with this article.

4.2 Protection of the personal data of third parties

For the purposes of providing the Services, BAHUMUKHI KALAKAAR SANGAM has access to information contained in email distribution lists created by the Users via their personal account, as well as to the subject and content of emails sent to their distribution lists through the Services. This information contains personal data concerning third parties.

4.2.1 Responsibility of the Users in relation to personal data

As creators of the distribution lists, the Users are responsible for the processing of the personal data appearing in those lists within the meaning of the applicable regulations. As such, if the Users are domiciled in the European Union, or if their distribution lists contain personal data of citizens of the European Union, the User guarantees to BAHUMUKHI KALAKAAR SANGAM that they shall comply with the provisions of Regulation No. 2016/679 of 27 April 2016 (the “GDPR”) as well as those of Law No. 78-17 of 6 January 1978 Information Technology, Data Files and Civil Liberties, and in particular:

that the personal data contained in the files transmitted have been collected and processed in compliance with the applicable regulations;
that the Users have informed the data subjects in accordance with the applicable rules;
where appropriate, that the collection and processing have been consented to by the data subjects;
that the data subjects shall be allowed to exercise their rights in accordance with the applicable rules;
that the Users undertake that the information will be rectified, completed, clarified, updated or deleted if it is inaccurate, incomplete, ambiguous or out of date, or if the data subject wishes to prohibit its collection, use, communication or storage.

It is specified that the Users are solely responsible for managing the retention periods of personal data that they upload onto the BAHUMUKHI KALAKAAR SANGAM platform, and that it is incumbent on them to delete the data as and when its retention period expires. BAHUMUKHI KALAKAAR SANGAM is responsible only for deleting this data at the end of its contractual relationship with the Users.

In addition, the Users shall undertake not to include in the distribution lists uploaded onto the BAHUMUKHI KALAKAAR SANGAM platform any personal data known as “sensitive” within the meaning of Article 9 of the GDPR, and in particular no health data, but also no data relating to criminal convictions and offences, any social security number, or any bank card number. BAHUMUKHI KALAKAAR SANGAM can in no way be held responsible for the presence of such personal data on its platform, and the consequences that could result therefrom. In the event of a violation of this clause, the User shall be solely responsible for any consequences, and undertakes to guarantee, and if necessary indemnify, BAHUMUKHI KALAKAAR SANGAM.

4.2.2 Protection of the User’s personal data

BAHUMUKHI KALAKAAR SANGAM has taken all the necessary precautions to preserve the security of personal data and, in particular, to prevent it from being distorted or damaged or from unauthorised third parties having access to it.

These measures include the following:
·         Multi-level firewall
·         Proven anti-virus and detection of intrusion attempts
·         Encrypted data transmission using SSL/https/VPN technology
·         Tier 3 and PCI DSS certified data centres

In addition, access to processing by BAHUMUKHI KALAKAAR SANGAM Services requires authentication of the persons accessing the data, by means of an individual access code and password, sufficiently robust and regularly renewed.
Data transmitted over unsecured communication channels shall be subject to technical measures designed to make such data incomprehensible to any unauthorised person.

4.2.3 Conditions of the processing relationship
BAHUMUKHI KALAKAAR SANGAM acts as a data processor on behalf of the Users, and undertakes to respect the obligations described in the Annex “Agreement on the processing of personal data“.

In this context, it is specified that:

The Users can retrieve their distribution lists at any time by clicking on the “export button” from their personal BAHUMUKHI KALAKAAR SANGAM account.
Personal data contained in the distribution lists may only be disclosed to third parties in the following cases:
with the authorization of the Users certifying that the data subject have themselves authorized this disclosure;
at the request of the competent legal authorities, on judicial requisition, or in the context of a legal dispute.

4.2.4 Use of the data by BAHUMUKHI KALAKAAR SANGAM

To enable BAHUMUKHI KALAKAAR SANGAM to anticipate and avoid the risks of spam, phishing or fraud on its platfrom, the Users are informed that BAHUMUKHI KALAKAAR SANGAM reserves the right to transmit information related to the User’s representative to third party providers domiciled outside the European Union, for the purpose of establishing a reliability score. Any transmission of this data will be carried out by BAHUMUKHI KALAKAAR SANGAM in compliance with applicable laws and EU guidelines.
Finally, the Users expressly accept that the behaviour of the recipients of these emails may be processed by BAHUMUKHI KALAKAAR SANGAM(tracking opening rates, click rates and bounce rates at the individual level) to improve the efficiency of the emailing campaigns.

4.3 : Limitation of Use of the Service

The User expressly understands and agrees that the Services are provided on an as-is-and-as-available basis with all faults and defects. BAHUMUKHI KALAKAAR SANGAM makes no warranties regarding the Service whatsoever, for itself and on behalf of its affiliates, licensors and service providers, other than the above and expressly disclaims any and all implied warranties, including any warranties of merchantability, fitness for a particular purpose, and non-infringement. BAHUMUKHI KALAKAAR SANGAM makes no representation of any kind that the services will meet the User’s requirements, achieve any intended results, be compatible, or work with any other software, applications, systems, devices or services, operate without interruption, meet any performance or reliability standards, or be error free, or that any errors or defects can or will be corrected. BAHUMUKHI KALAKAAR SANGAM makes no warranty that the Services will be uninterrupted, timely, secure, error free or virus free.

The User acknowledges and accepts that its use of the Services shall comply with the guidelines of BAHUMUKHI KALAKAAR SANGAM (hereinafter the “Documentation”). The Documentation shall be updated from time to time and it is advised that the User consults the Documentation on a regular basis. The User acknowledges and accepts that any use of the Service disregarding, non-complying and/or breaching the guidelines provided in the Documentation might affect the performance of the Service and/or modify its pricing.

4.4 Prohibited uses

The use of the BAHUMUKHI KALAKAAR SANGAM Services resulting from the subscription to the said Services is strictly personal and may not be rented or transferred free of charge or for a fee to a third party. In the absence of prior authorisation, the use of BAHUMUKHI KALAKAAR SANGAM is limited to only one account per User.

Any use of the Services that may damage, disable, or overload BAHUMUKHI KALAKAAR SANGAM’s infrastructure or networks connected to BAHUMUKHI KALAKAAR SANGAM’s servers, or interfere with the enjoyment of the Services by other Users, is prohibited.

Any attempt to access, without authorisation, the Services, any other accounts, computer systems or other networks connected to a BAHUMUKHI KALAKAAR SANGAM server or any of the Services via hacking or any other method is prohibited.
The use of the Services for the purpose of selling products or services related to illegal or fraudulent activities or encouraging such activities and, in particular, without this list being exhaustive, activities related to illegal drugs, hacking programs, instructions for assembling or creating bombs, grenades or other weapons, materials containing violence against children or which encourages violence is prohibited.

Any use of the Services contrary to the applicable rules relating to telemarketing, email marketing, anti-spam, anti-phishing or personal data protection and/or contrary to the anti-spam policy and/or the privacy policy is prohibited.

Any use of the Services in violation of the rights of third parties is prohibited.

In the event of non-compliance with this article, BAHUMUKHI KALAKAAR SANGAM reserves the right to immediately block the Users’ access to their Services and to remove all information from their account without notice and without refund or any other form of compensation.

BAHUMUKHI KALAKAAR SANGAM reserves the right to refuse or limit service to accounts not complying with its General Conditions of Use or with laws regulating communications companies, or accounts distributing unwanted communications.

The following topics are prohibited on the BAHUMUKHI KALAKAAR SANGAM platform:

Exchange of currencies (illegally and in an unauthorised way), fraudulent shares and stock market transactions
Offers making “get rich fast” promises, financial packages and pyramid schemes
Sexually explicit pornography or e-commerce
Remedies for erectile problems
Hiring solicitation
Lists of a political character (consular, government lists, etc.) containing addresses of individuals who have not given their explicit consent to receive communications from an identified advertiser. The fact that an email address was given to a Consulate or Embassy shall not be considered as proof of an undertaking to opt-in.
Initial Coin Offering (ICO)

Accounts with the following activities will only be validated under certain conditions:

Gambling and other money games
Dating services
Communications to contacts acquired from social networks like LinkedIn and Viadeo

5) Responsibilities and guarantees

5.1 Responsibilities and guarantees of BAHUMUKHI KALAKAAR SANGAM

Except in cases of force majeure, BAHUMUKHI KALAKAAR SANGAM guarantees to the Users the proper performance of its service rendered in compliance with these General Conditions of Use.

Any potential compensation due from BAHUMUKHI KALAKAAR SANGAM, to the User or to a third party, due to the liability of BAHUMUKHI KALAKAAR SANGAM, its subsidiaries or its partners, in respect of the performance of these conditions, shall not exceed the price paid by the User in return for the Service(s) giving rise to the said liability.

In no case shall BAHUMUKHI KALAKAAR SANGAM guarantee to the User the economic, image or information returns that the latter may expect from sending emails or SMSs in the context of these conditions.

BAHUMUKHI KALAKAAR SANGAM does not systematically control the content of messages sent by the Users to their distribution lists, which remains the responsibility of the Users.

In no case can BAHUMUKHI KALAKAAR SANGAM be held responsible in any capacity whatsoever in relation to third parties for any damage resulting from the sending of emails or SMSs on behalf of the Users.

5.2 Responsibilities and guarantees of the Users

The Users shall solely be responsible for the content of emails or SMSs sent to their distribution lists in the context of the performance of these conditions.

The Users may be held liable for non-compliance with these General Conditions of Use, with BAHUMUKHI KALAKAAR SANGAM’s privacy and anti-spam policies or with any legal or regulatory provision or with a provision resulting from an applicable international agreement.

The Users guarantee BAHUMUKHI KALAKAAR SANGAM against any damage, any claim and any recourse of third parties resulting from a violation, by the Users, of the present General Conditions of Use, of the privacy and anti-spam policies of BAHUMUKHI KALAKAAR SANGAM or of any legal or regulatory provision, or a provision resulting from an applicable international agreement.

6) Changes to the use conditions, to BAHUMUKHI KALAKAAR SANGAM policies and to the offer

BAHUMUKHI KALAKAAR SANGAM may modify these Terms of Use, its anti-spam and privacy policies and its offer.
In any event, the User’s continued use of the Services shall constitute acceptance of the changes

The General Terms of Use, anti-spam and confidentiality policies and their changes, as well as BAHUMUKHI KALAKAAR SANGAM’s offer updated with the latest changes, can be consulted at any time on the Site.

In the event of a substantial change to these terms, BAHUMUKHI KALAKAAR SANGAM may decide to inform the User by email or directly on his BAHUMUKHI KALAKAAR SANGAM.com account.

Only the English language version of these Terms of Use is binding between BAHUMUKHI KALAKAAR SANGAM and the User.

7) Protection of personal data concerning the User

The information, including personal data, collected by BAHUMUKHI KALAKAAR SANGAM in the context of its business relationship with the Users is subject to computer processing detailed in BAHUMUKHI KALAKAAR SANGAM’s “Privacy Policy – Protection of Personal Data“.

8) Partial invalidity of the GCU

The annulment of either of the clauses of the General Conditions of Use may not entail the annulment of the same in their entirety, provided however that the balance and the general economy of the agreement can be safeguarded.

9) Applicable Law – Attribution of jurisdiction

The General Conditions of Use are governed solely by French law.
Any dispute between the Parties arising from questions as to the validity, interpretation and/or performance, termination or breach of the General Conditions of Use shall be submitted by the first-acting Party to the Commercial Court of Paris, including in the event of summary proceedings, guarantee claims and/or multiple defendants.

1. BAHUMUKHI KALAKAAR SANGAM’s Obligations

a) User’s instructions

BAHUMUKHI KALAKAAR SANGAM undertakes to process personal data only for the purposes of performing the Services in accordance with the User’s instructions. Thus, BAHUMUKHI KALAKAAR SANGAM agrees not to concede, rent, transfer or otherwise communicate to another person, all or part of the personal data, even free of charge, and not to use the personal data for purposes other than those provided in the General Conditions of Use.

In the event that BAHUMUKHI KALAKAAR SANGAM considers that an instruction given by the User constitutes a violation of an applicable law, BAHUMUKHI KALAKAAR SANGAM must immediately inform the User.

b) Confidentiality and security

BAHUMUKHI KALAKAAR SANGAM guarantees the confidentiality of personal data processed in connection with the Services.

As such, it ensures

that personal data is communicated only to persons who need to know it,
that these persons are aware of the User’s instructions and undertake to process the personal data entrusted to them only in strict compliance with the instructions and for no other purpose,
that they are subject to an appropriate contractual or legal obligation of confidentiality, and (iv) that they receive the necessary training in the field of data protection.

BAHUMUKHI KALAKAAR SANGAM undertakes to implement the appropriate technical and organizational measures in order to preserve the confidentiality and security of personal data and, in particular, to prevent it from being distorted, damaged or communicated to unauthorised third parties, and more generally, to protect personal data against accidental or unlawful destruction, accidental loss, alteration, unauthorised dissemination or access, as well as against any form of unlawful processing, it being specified that these measures must ensure, taking into account best practice and the costs associated with their implementation, a level of security appropriate to the risks presented by the processing and the nature of the data to be protected and, more generally, in order to guarantee a level of security of personal data appropriate to the risk.

c) Notification of violations of personal data

In the event of an accidental or unlawful breach of security resulting in the destruction, loss, alteration, unauthorised disclosure of, or unauthorised access to, personal data processed by BAHUMUKHI KALAKAAR SANGAM, BAHUMUKHI KALAKAAR SANGAM undertakes to immediately notify the User within 72 hours of the detection of the incident.

In such circumstances, and in consultation with the User, BAHUMUKHI KALAKAAR SANGAM undertakes to put in place the necessary data protection measures and to limit any negative effects on the data subjects.
BAHUMUKHI KALAKAAR SANGAM undertakes to provide the User with all reasonable information and assistance to enable the latter to comply with its obligations to notify the data protection authorities and, where applicable, the data subjects.

d) User support

BAHUMUKHI KALAKAAR SANGAM undertakes, as far as possible, to assist the User in fulfilling its own obligations.

Thus, BAHUMUKHI KALAKAAR SANGAM shall:

take charge of the requests to unsubscribe from distribution lists on behalf of the User;
respond promptly to any request from the User concerning the personal data processed, in order to enable the User to take into account, within the time limits set, any potential requests from data subjects (right of access, right of rectification, right of destruction, etc.), and more generally to take into account the nature of the processing and help the User through appropriate technical and organisational measures to comply with their obligation to respond to requests submitted by the data subjects with a view to exercising their rights;
forward to the User, on receipt, requests from the data subjects to exercise their rights;
assist and collaborate with the User in order to guarantee compliance with its obligations, in accordance with the applicable regulations on the matter, and in particular help the User to ensure the security of personal data, to comply with its obligations in the event of a security breach and to assist the User in carrying out any measures necessary prior to processing, such as the implementation of an impact analysis.

e) Data access / deletion

At any time during the implementation of the General Conditions of Use, the User may access the personal data processed by BAHUMUKHI KALAKAAR SANGAM or delete it directly from the Site using the export and integrated deletion features.

At the end of the contractual relationship, BAHUMUKHI KALAKAAR SANGAM undertakes, at the User’s request, to destroy all personal data, or to return it to the User or another data processor designated by them if technically feasible and within a maximum period of 3 months. The return must be accompanied by the destruction of existing copies in BAHUMUKHI KALAKAAR SANGAM’s information systems, unless any applicable law requires their retention. BAHUMUKHI KALAKAAR SANGAM undertakes to provide the User, on request, with proof of such destruction.

2. Audit

BAHUMUKHI KALAKAAR SANGAM undertakes to provide the User with all the information and documents necessary to demonstrate compliance with the obligations set out herein.

BAHUMUKHI KALAKAAR SANGAM authorises the User or any other external auditor not competing with BAHUMUKHI KALAKAAR SANGAM and mandated by the User to inspect and audit its personal data processing activities, and undertakes to accede to all reasonable requests made by the User to verify that BAHUMUKHI KALAKAAR SANGAM complies with the contractual obligations imposed by this Annex.

It is agreed that, subject to any requests from the regulators to this effect, such audits may take place no more than once (1) per contract year. In all cases, the User must give BAHUMUKHI KALAKAAR SANGAM a minimum notice of fifteen (15) days, and the audit must in no case disrupt the ongoing activities of BAHUMUKHI KALAKAAR SANGAM. The audit will be limited to the personal data processing activities performed by BAHUMUKHI KALAKAAR SANGAM on behalf of the User, and the User will not be able to access data concerning other BAHUMUKHI KALAKAAR SANGAM customers.

BAHUMUKHI KALAKAAR SANGAM undertakes to communicate all supporting documentation proving the compliance of the processing with the User’s instructions, and that the appropriate security measures have indeed been put in place.

3. Transfers of personal data outside the EU for legal purposes

If BAHUMUKHI KALAKAAR SANGAM is required to make such transfers under the applicable law, it undertakes to immediately inform the User of this legal obligation before the processing, unless the applicable law prohibits such information for reasons of public interest.