We, [Insert name of entity] operating under the brand name – D.R.I.F.T. HOUSE OF SVAASA (hereinafter referred to as “D.R.I.F.T.” or “We“) are committed to protecting and respecting your privacy.

This Privacy Policy (the “Policy“) is a binding agreement between you and D.R.I.F.T. and its affiliates and subsidiaries. The Services, Platform and Applications (all, as defined hereinafter) are owned, operated and provided by us. By using, accessing and registering for the Services on our Platform and/or Applications, whether through a mobile device, mobile application, computer or any other device, the User (as defined hereinafter) agrees to be bound by the terms of service more particularly provided on the Platform and/or Application (the “Terms of Service“) and this Policy. The User further consents to D.R.I.F.T.’s collection, retention, processing, use, disclosure, and protection of Personal Data (as defined hereinafter) and/or Sensitive Personal Data (as defined hereinafter), whether or not the User creates an account / login credentials to avail of the Services.

This Policy (together with the Terms of Service and any other document(s) referred to in the Terms of Service) sets out the basis on which any Personal Data we collect from you, or that you provide to us, will be processed by us. Please read this Privacy Policy carefully to understand our views, policies and practices regarding your Personal Data and/or Sensitive Personal Data and how we will treat it. By accessing, browsing or using the Services and / or registering for a D.R.I.F.T. Account, you agree to this Privacy Policy and you are consenting to D.R.I.F.T.’s collection, processing, use, disclosure, retention, and protection of your Personal Data and/or Sensitive Personal Data as described here. If you do not provide the Personal Data and/or Sensitive Personal Data that D.R.I.F.T. requires, D.R.I.F.T. may not be able to provide all of its Services to you.

IF YOU DO NOT AGREE TO THE POLICY PLEASE DO NOT ACCESS, USE OR DOWNLOAD THE PLATFORM, SERVICES AND/OR THE APPLICATION.

By accepting the Privacy Policy and the Term of Service, which prescribes terms and conditions for use of the Platform, Application or availing Services, you expressly consent to our collection, use and disclosure of your Personal Data and/or Sensitive Personal Data in accordance with this Privacy Policy. This Privacy Policy is effective upon your accessing, using or downloading the Platform, Application and/or use of our Services.

The headings of each section in the Policy are only for the purpose of organizing the various provisions under the Policy in an orderly manner and shall not be used by either Party (as defined hereinafter) to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties (as defined hereinafter) that the headings shall have no legal or contractual value.

Definitions

“Applicable Laws” shall mean any and all: (a) laws, statutes, constitutions, treaties, rules, regulations, ordinances, codes, guidance, and common law; and (b) all judicial, executive, legislative, administrative or military orders, directives, decrees, injunctions, judgments, permits, agreements, and other legal requirements, in each case, of, with, or adopted or imposed by any Governmental Authority (as defined hereinafter), now or hereafter in effect and, in each case, as amended from time to time.

“Application“, singular or plural, refers to any of our html-based / internet-based computer programs, smart phone, tablet or personal computer applications and all other software programs made available to Users by us.

“Content” means all information that is created, uploaded, posted and stored on the Platform such as text, photos, audio, video, or other materials and information, including the Listings and includes any other information made available by D.R.I.F.T. on or through the Platform including proprietary D.R.I.F.T content and any content licensed or authorized for use by or through D.R.I.F.T from a Third Party (as defined hereinafter).  

“Data Protection Law” means any data protection, data security or privacy law, including, without limitation, the EU General Data Protection Regulation 2016/679 (the “GDPR“) and any laws governing Personal Data, Sensitive Personal Data or information from outbound telephone calls, transmission of electronic mail, transmission of facsimile messages and any other communication-related data protection, data security or privacy laws.

“Dispute” shall have the meaning given to it in Clause 15.3.

“D.R.I.F.T. Account” means the account created and registered on the Platform by the User and which comprises of all details including Personal Data. 

“Experience Provider” means any service provider who creates a Listing for Experiences on the Platform.

“Governmental Authority” means any government authority, statutory authority, regulatory authority, government department, agency, commission, board, tribunal or court or other law, rule or regulation making entity/ authority having or purporting to have jurisdiction on behalf of the Republic of India or any state or other subdivision thereof or any municipality, district or other subdivision thereof.

“Guest” means any User who books a stay at the Host’s Accommodation as Listed on the Platform or who books an Experience with the Experience Provider/Host as Listed on the Platform.

“Host” means a primary host shown on a reservation or any person who creates a Listing (as defined hereinafter) on the Platform and includes a co-host.

“Intellectual Property” or “IP” includes ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets; trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, synthesis protocol, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, user guides, in either printed or machine-readable form, whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments.

“Intellectual Property Rights” or “IPR” include: (a) all rights, title, and interest under any statute or under applicable law including patent rights; copyrights including moral rights; and any similar rights in respect of the Intellectual Property, anywhere in the world, whether negotiable or not; (b) any licenses, permissions and grants in connection therewith; (c) applications for any of the foregoing and the right to apply for them in any part of the world; (d) right to obtain and hold appropriate registrations in Intellectual Property anywhere in the world; (e) all extensions and renewals thereof; and (f) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same.

“Listed” or “Listing” means and includes an Accommodation or Experience that is listed by the Host and/or the Experience Provider on the Platform.

“Opt-Out” means (as the case may be) a tick on our login page indicating your refusal to our use of your Personal Data and the mechanism explained in Clause 10 of this Policy.

“Party” refers individually to each of you and D.R.I.F.T.

“Parties” refer to both you and D.R.I.F.T jointly.

“Personal Data” means any personally identifiable information relating to an identified or identifiable individual, including data that identifies an individual or that could be used to identify, locate, track, or contact an individual. Personal Information includes both directly identifiable information, such as a name, identification number or unique job title, and indirectly identifiable information such as date of birth, unique mobile or wearable device identifier, information that could be used to identify a household, telephone number, key-coded data or online identifiers, such as IP addresses, and includes any data that constitutes “personal data” under the GDPR or similar terms under other Data Protection Law.

“Personal Identification Information” means your name, address, identification number, phone number, and includes any other information by which you may be personally identified.

“Platform” means [Ÿ] or such website or any other mobile Application powered by D.R.I.F.T to provide Services, but does not include any website or mobile application owned or operated by a Third Party that may be accessed from any page on [Ÿ] or mobile application powered by D.R.I.F.T.

“Sensitive Personal Data or Information” with respect to a person means such personal information which consists of information relating to: 

• password;
• financial information such as bank account or credit card or debit card or other payment instrument details;
• physical, physiological and mental health condition;
• sexual orientation;
• medical records and history;
• biometric information;
• any detail relating to the above clauses as provided to body corporate for providing service; and
• any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.

“Services” means accommodation for lodging primarily for homestays, tourism experiences, experiences, curated travel and stay, products, features, technologies and other services made available by D.R.I.F.T to the User. It is clarified that the fees applicable to the Users, if any, shall be in accordance with the terms and conditions set forth in the Terms of Service.

“Third Party” shall mean a party which is not a signatory to the Terms of Service and this Policy.

“User” capitalized or otherwise, means the person who accesses and/or uses, the Services, and, if authorized and applicable, the entity on whose behalf any person accesses or uses the Services. It is clarified that the term User shall include all Guests.         

“We” refers to D.R.I.F.T and related phrases “us” and “our” should be understood accordingly. “You” capitalized or otherwise means the User or Guest. “Your“, capitalized or otherwise, has a corresponding meaning.

All terms capitalized but not defined herein shall carry the same meaning as ascribed to them under the Terms of Service.

1.Information We Collect

• In order to provide the Services to you, we may collect, use, or disclose the following (set out below) data about Please note that the term Platform used in this Privacy Policy shall also include any Applications offered by D.R.I.F.T. to provide the Services.

• information that you provide by filling in D.R.I.F.T. Account details or forms on the Platform which includes your Personal Identification Information and other information provided at the time of browsing the Platform, registering to use the Platform and our Services, posting material or requesting further Services from us. In order to authenticate the information provided by you to us, we may also collect copies of government issued identification documents such as passport or driving license as permitted by Applicable Laws;

• if you contact us, we may keep a record of that correspondence;

• we may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;

• details of transactions you carry out through the Platform;

• details of your visits to the Platform and the resources that you access;

• documents and information uploaded on to the Platform for creating a D.R.I.F.T. Account;

• details of bank accounts or credit card information which you link to our Platform and to your D.R.I.F.T. Account in order to process payments;

• geo-location information, IP address, sensor data from your device, information about things near your device, such as wi-fi access points, cell towers, and bluetooth-enabled devices subject to your settings and device permissions;

 

• information about the apps, browsers, and devices you use to access our Platform, which helps us provide features like automatic updates. The information we collect includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number;

• other additional information provided by you when you fill a form, update or add information to your D.R.I.F.T. Account, respond to surveys, communicate with our customer care team or use other features of our Platform;

• other information as may be required or necessary, for example in connection with a promotion or when you report a problem with the Platform; and

• information directly related or incidental to any of the

2. Our Purpose and Use

• By using our Services, creating a D.R.I.F.T. Account or accessing the Platform, you grant us the permission to collect, use, copy, transmit, store and back-up your Personal Data and/or Sensitive Personal Data for purposes of the Services and/or for any other purpose(s) as contemplated by the Policy and the Terms of Service. This is subject to the restrictions in Clause 10 of this Policy.

• We shall not be responsible for the authenticity of the Personal Identification Information, Personal Data, Sensitive Personal Data or any other information supplied by you to us or any other person acting on our behalf.

• The purposes for which Personal Data and/or Sensitive Personal Data may be used by us include:

• to enable you to access and use our Platform and Services and interact with other users of the Platform;

• ensuring that the Content(s) of the Platform are presented in the most effective manner for you and for your computers and other devices;

• providing you with alerts, newsletters, materials or information that you have requested or signed up to;

• carrying out our obligations arising from any contracts entered into between you and us;

• allowing you to participate in interactive features of our Services, when you choose to do so;

• complying with the Applicable Laws and regulations;

• for legal proceedings, including collecting overdue amounts and seeking professional advice;

• improving and furthering our Services subject to your exercise of the Opt-Out;

• informing you about our latest deals, products, services, updates and special offers and for promotion and marketing purposes;

• resolving disputes; troubleshooting problems; measuring your interest in the Services provided by us;

• customizing your experience; detecting and protecting us against error, fraud and other criminal activity;

• enforcing the Terms of Use;

• providing customer service;

• sending service or support messages, security alerts, D.R.I.F.T. Account notifications, updates etc.;

• optimizing the Platform and User experience and customizing your experience;

• improving our marketing and promotional efforts, to analyze site usage, push relevant advertisements, improve our services content and service offerings, and customize the Platform’s Content, layout, and Services; and

• purposes directly related or incidental to any of the

2.4          When you access the Platform, use our Services or enter Personal Data on the Platform, such Personal Data is used by the Platform in accordance with the terms of this Privacy Policy. You acknowledge and agree that the Platform may also aggregate (gather up data across all D.R.I.F.T. Accounts) information and disclose such information in a non-personally identifiable manner to advertisers and other Third Parties for other marketing and promotional purposes.

2.5          You agree that we may use your Personal Data to contact you, send mailers and deliver information to you that, in some cases, are targeted to your interests, such as targeted administrative notices, services offerings, and communications relevant to your use of the Platform. We use information we collect, like your email address, to interact with you directly. We may let you know about upcoming changes or improvements to our Services and products. By accepting the Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to Opt-Out of the receipt of certain communications in your D.R.I.F.T. Account. You may make changes to your D.R.I.F.T. Account at any time.

2.6          Disclosure of your Personal Data

Personal Data and Sensitive Personal Data will also be used to facilitate communication, and processing of internal administrative and record keeping. We will keep the Personal Data and Sensitive Personal Data we hold confidential and take steps to prevent unauthorized disclosures of the same to the best of our ability. However, you agree we may disclose such information to:

• The Hosts/Experience Providers, our personnel, employees, agents, advisers, auditors, contractors, financial institutions, and service providers to the extent reasonably necessary for the provision and maintenance of the Services or in connection with any of our operations;

• our overseas offices, affiliates, business partners and counterparts (if any);

• the requisite persons in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violation of the Terms of Service or the Policy;

• persons under a duty of confidentiality to us;

• persons to whom we are required to make disclosure under Applicable Laws and regulations;

• transfer Personal Data about you if we are acquired by or merged with another company. In this event, we will notify you and take your prior consent before Personal Data about you is transferred and becomes subject to a different privacy policy;

• from time to time, to reveal general statistical information about our Application and visitors, such as number of visitors, number and type of products and services purchased, etc; or

• actual or proposed transferees or participants of our Services.

2.7          Provided that we may share your Sensitive Personal Data without obtaining your prior consent with (a) Government Authorities mandated under the Applicable Law to obtain information including Sensitive Personal Data or information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences and (b) any Third Party by an order under the Applicable Law for the time being in force.

2.8          Sensitive Personal Data such as information relating to your health as provided by you shall be shared and used to meet your particular needs during your stay and/or which is necessary to arrange for travel plans and other activities, including information about your allergies, disabilities, medical conditions, mobility restrictions, specific meal preferences/dietary restrictions and other relevant health information.

3. Cookies and Similar Technology

 

• We may automatically track certain information about you based upon your behavior on our Platform or while accessing our Services. You agree that we may use such information to do internal research on our Users’ demographics, interests, and behavior to better understand, protect and serve our Users. This information is compiled and analyzed on an aggregated basis.

• The Platform uses cookies to distinguish you from other Users of the Platform. This helps us to provide you with a good experience when you browse the Platform and also allows us to improve the Platform. By continuing to browse the Platform, you are agreeing to our use of cookies. Usage of a cookie is in no way linked to any personally identifiable information on our Platform.

• A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer and of your other device if you agree. Cookies contain information that is transferred to your computer’s hard

• We use the following cookies:

• Strictly necessary cookies. These are cookies that are required for the operation of the Platform. They include, for example, cookies that enable you to log into secure areas of the Platform or make use of e-billing

• Analytical/performance cookies. They allow us to recognize and count the number of visitors and to see how visitors move around the Platform when they are using it. This helps us to improve the way the Platform works, for example, by ensuring that Users are finding what they are looking for

• Functionality cookies. These are used to recognize you when you return to the Platform. This enables us to personalize our Content for you, greet you by name and remember your preferences (for example, your choice of language or region).

• Commercial cookies. These are used to display personalized advertisements on our websites as well as other Third Party websites. This is based on browsing activities and enables us to understand what destinations you are searching for or the accommodations you have viewed.

• Please note that Third Parties (including, for example, advertising networks and providers of external services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting

• We may use certain Third-Party web analytics services on the Platform such as Google Analytics. The service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the Platform. The information collected through these means (including IP address) is disclosed to these service providers, who use the information to evaluate use of the Platform. These analytic services may use the data collected to contextualize and personalize the marketing materials of their own advertising

• Google Analytics

• Google Analytics is a web analysis service provided by Google Inc. (“Google“). Google’s ability to use and share information collected by Google Analytics is in accordance with its policies: http://www.google.com/policies/privacy/partners/

• You can prevent Google’s collection and processing of data by using the Google Ads Settings page or by downloading and installing its browser plug-in (https://tools.google.com/dlpage/gaoptout).

• You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of the You further agree that if you send us personal correspondence, such as emails or letters, or if other Users or third parties send us correspondence about your activities or postings on the Platform, we may collect and/or store such information.

4. Security

• What we do

• We are committed to the safety and security of your Personal Data and Sensitive Personal Data. We use a cloud infrastructure provider for storing all information and for hosting the Platform. We place your Personal Data in an encrypted database. Some of the safeguards we use to protect your information are firewalls, data encryption and information access controls.

• We subject ourselves to regular checks by Third Party security evaluation specialists and restrict access to your Personal Data by our personnel on a need-to-know basis only. Once we have received your Personal Data, we will use strict procedures and security features to try to prevent, as far as is reasonably possible, unauthorized access to your Personal Data.  

• You shall accordingly agree that we shall not be held liable for any accidental dissemination of Personal Data that has occurred in spite of our best efforts and procedures to maintain

• What you should and should not do

You should keep your user ID/username and password strictly confidential at all times and should not share these details with anyone. In public areas, you should exercise caution and not leave your computer/device unattended especially whilst logged into your account. The use of established malware and virus protection software and apps for your device is recommended. You should also avoid using public computer terminals to access your D.R.I.F.T. Account, unless you can adequately verify that the terminal is free from spyware and that you can erase all of your information upon exiting the terminal. We will not be liable for any loss or damage arising from unauthorized access to your account due to any failure to comply with these precautions.

4.3          Please remember that if you post any of your Personal Data in public areas of the Platform, such information may be collected and used by others over whom we have no control.

5. Changes to this Policy

By using the Platform and our Services, you agree to the terms of this Policy. We may revise the terms of this Policy from time to time and will always present the most up-to-date version on our Platform. It is your responsibility to periodically review and keep yourself apprised of the latest terms but, if any revision meaningfully affects your rights, we will take reasonable steps to notify you of such changes.

6. Third Party Links

Our Services and Platform may contain links to Third Party applications/websites. Please note that when you click on one of these links, you are entering another application/website over which we have no control and will bear no responsibility. We do not own or control these Third Party applications and when you interact with them you may be providing information directly to them or us or both. Such information provided by you is only processed for the purposes of the legitimate interests pursued by the Third Party. Often these Third Party applications/websites require you to enter your Personal Identification Information and further, use and collect your Personal Data. The Third Party in accordance with its privacy policy and the terms of the offer utilizes this information. Since we do not control the privacy practices of these Third Parties, we encourage you to read the privacy statements/policies on all such applications/websites before deciding to use their services as their policies may differ from our Policy and Terms of Service. You agree that we shall not be liable for any breach of your privacy of Personal Data or loss incurred by your use of these applications/websites. This Privacy Policy DOES NOT apply to information that you provide to, or that is collected by, any Third-Party, such as social networks that you use which are not in connection with our Services. D.R.I.F.T. encourages you to consult directly with such Third Parties about their privacy practices.

8. Service Providers

8.1          We may use a variety of Third Party service providers to help us provide the Services relating to our Platform. Service providers may be used for the following purposes:

• To provide accommodation, stays, curated travel, or experiences;

• to authenticate your identification information and documents;

• to check information against public databases;

• for fraud prevention and risk assessment;

• to allow the provision of Services through Third Party platforms and software tools;

• to provide customer service and for marketing, and

• to process and handle claims.

The Third Party service providers shall have limited access to your Personal Data for performance of the above tasks and in accordance with our strict directions and policies. 

9.Data Retention

9.1          We may retain Personal Data for as long as it is necessary. It may be archived as long as we believe that the purpose for which it was used still exists or as necessary for our legitimate business interests or for complying with legal obligations. We will retain your Personal Data until the purpose for which that Personal Data was collected is no longer being served by the retention of the Personal Data, and the Personal Data does not need to be retained any longer for any legal or business purpose.

9.2          If you decide to stop using our Services, we will delete all such data within a reasonable time after the termination of the Services and your D.R.I.F.T Account or after cessation of the subject matter to which such Personal Data relates, subject to retention for purposes of complying with Applicable Laws, resolving disputes, enforcing the terms of our agreement with you and protecting our Intellectual Property Rights.

10. Personal Data Policy

10.1        You have provided Personal Data and/or Sensitive Personal Data in connection with the login for this Platform and to process any application for Services from D.R.I.F.T, where failure to supply such Personal Data may result in an application for Services rejected.

10.2        We intend to use your Personal Data in advertising and marketing of our Services. We may also provide your Personal Data to social media platforms / other persons for their use in direct marketing, whether or not such persons belong to D.R.I.F.T. Please note that the social media platforms and other similar platforms are not controlled or supervised by D.R.I.F.T and any queries regarding how such Third Party platform will process your Personal Data should be directed to such provider.

10.3        As further explanation, please note that:

(a)          Personal Data includes your name, contact details (including address, contact number, email address), products and services information, transaction pattern and behaviour, background and demographic data held by us from time to time;

(b)          the following classes of services and subjects may be marketed in direct marketing:

• our Services related to the Platform and/or our affiliates; and

• invitations to events such as

(c)          we may conduct direct marketing via fax, email, direct mail, telephone and other means of communication or send e-newsletters to you.

10.4        HOWEVER, we cannot do so without your consent and request that you provide the same by NOT ticking the OPT-OUT box on our Platform login page. If you decide to tick the ‘Opt-out’ box, you are indicating that you DO NOT wish D.R.I.F.T. to use your Personal Data in direct marketing and DO NOT wish to receive direct marketing materials by phone, SMS, mail, email, fax or any other communication channels and DO NOT wish D.R.I.F.T. to provide your Personal Data to any other persons for their use in advertising and marketing, whether or not such persons are members of D.R.I.F.T. except where you have applied for or will apply for any service that is provided by D.R.I.F.T. jointly with a co-branding partner, such Opt-out will not apply to such co- branding partner to whom you have consented or shall consent to the provision of your Personal Data separately.

10.5        Sharing between Users

              To help facilitate bookings or other interactions between Users, we may need to share certain information, including personal information, with other Users as it is necessary. When you as a User submit a booking request on the Platform, certain information about you from your D.R.I.F.T. Account will be shared with the Host/Experience Provider. Any other additional information will be shared with the Host/Experience Provider with your consent. When your booking is confirmed on our Platform, we will disclose other necessary additional information about you to the Host/Experience Provider for the purpose of assisting with coordinating the trip.

10.6        Public Information

 

              Our Platform lets you publish information including Personal Data that is visible to the general public. Certain information available on your D.R.I.F.T. Account such as your first name, D.R.I.F.T. Account display picture, your description and your city are publicly visible to others. After completing a booking, Guests and Hosts/Experience Providers may review and rate each other. These rating and reviews may form part of your D.R.I.F.T. Account and shall also be made available elsewhere on our Platform. If you submit content on any blog or social media or use a similar feature available on our Platform, the content is publicly visible.

11. Your Consent and Rights

11.1        You have the following rights:

(a)          to check whether we hold Personal Data about you and to access such data;

(b)          to ask for a copy of the Personal Data we hold about you;

(c)          to require us to correct when communicated to us by you in writing, as soon as reasonably practicable any data relating to you that is inaccurate or deficient;

(d)          to ascertain our policies and practices in relation to Personal Data and the kind of Personal Data held by us;

(e)          to object to the use of your Personal Data for marketing purposes or any other purpose that you specifically inform us about. We shall not use your Personal Data for marketing purposes or other specific purpose after you communicate your objection to us; and

(f)           to ask us to erase and forget your Personal Data.

11.2        Please send requests for such objections, access to data, correction of data, information regarding policies and practices and kinds of data held, questions or complaints to [Ÿ]. We reserve the right to charge a reasonable fee for processing any data access request(s).

12.  Indemnity and Limitation of Liability

              For any breach of the provisions of this Policy, D.R.I.F.T. shall indemnify you in accordance with the indemnification and limitation of liability provisions set forth in the Terms of Service.

13. Data Protection

13.1       We will (a) comply with all applicable Data Protection Laws and privacy laws; (b) comply with all standards that relate to Data Protection Law and privacy laws and the privacy and security of your Personal Data; (c) refrain from any action or inaction that could cause breach of any data protection and privacy laws; (d) do and execute, or arrange to be done and execute, each act, document and thing we deem necessary in our business judgment to keep us compliant with the Data Protection Laws and privacy laws; (e) immediately report theft or loss of Personal Data.

13.2       Any Personal Data collected or accessed by us shall be limited to that which is strictly necessary to perform our obligations in relation to the Services or to fulfil any legal requirements. We shall use such Personal Data only as necessary in this regard and not for any other purpose. We shall maintain such Personal Data in strict confidence in accordance with the provisions of this Clause. We shall not share any Personal Data that is collected or possessed by us with any Third Party for any reason except as expressly stated in the Terms of Service and this Policy.

13.3       You agree that other than as stated in this Policy, we shall have the right to collect and/or use or analyse the Personal Data on an anonymised basis and in no way shall the Personal Data be used in a way that can lead to or reveals your identity.

13.4       We shall take reasonable steps to protect your Personal Data in the Hosts/Experience Providers possession from unauthorized use, access, disclosure, alteration or destruction. Security measures shall include access controls, encryption or other means, where appropriate.

14. Grievance Officer

              In the event you have any grievances or questions about the Policy or if you wish to make a complaint regarding any violation of the provisions of the Policy and the way your Personal Data is processed, you may contact us at the details as set out below, pursuant to which your grievance shall be redressed within 1 (one) month from the date of receipt of grievance/complaint.

              Name: [Ÿ]

              Email ID: [Ÿ]

              For Users who are residents of the European Union:

              Name of Controller: [Ÿ]

              Email: [Ÿ]

              Name of EU Representative: [Ÿ]

              Email: [Ÿ]

15.Dispute Resolution, Governing Law and Jurisdiction

15.1       Any complaint or dispute can be raised in writing to our compliance team at [Ÿ].

15.2       This Policy shall be governed by and construed in accordance with the laws, rules and regulations of India, and the courts of New Delhi shall have exclusive jurisdiction over any disputes arising between the Parties.

15.3       If any disputes or claims arising under or out of or in connection with the execution, interpretation, performance, or non-performance of this Policy or in respect of the scope, validity or application of this Policy, or the subject matter hereof (“Dispute“), representatives of the Parties shall cooperate, in good faith, to attempt to amicably resolve the Dispute.

 

15.4        Any disputes between the parties regarding this Agreement shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of 3 (three) arbitrators with 1 (one) arbitrator to be appointed by each Party and the 3^rd (third) arbitrator to be appointed by the 2 (two) appointed arbitrators. The place of the arbitration shall be New Delhi and the language of the arbitration shall be English. The decision of the arbitrators shall be final and binding. The Parties waive any right of appeal to any court, insofar as such waiver can validly be made.

15.5        Each Party to the arbitration shall cooperate with each other Party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other Party in connection with such arbitration proceedings, subject only to any confidentiality obligations binding on such Party or any legal privilege applicable to any such information and/or documents.

16. Assignment

              We may assign any of our responsibilities/obligations to any other person without notice to the User, at our sole discretion. However, you shall not assign, sub-license or otherwise transfer any of your rights or obligations under this Policy to any other party, unless a written consent is taken from us.

17. Severability

If any term or provision of this Policy is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms and provisions of this Policy shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

18. Notices

 Any notice given by either Party to the other must be in writing, by email, or by electronic communication via the Platform and will be deemed to have been given on transmission, unless the recipient can satisfactorily establish that the email or electronic communication was not received by the recipient’s email or web server. Notices to D.R.I.F.T must be sent by email to [Please insert email id] or to any other email address notified by email to the User by D.R.I.F.T, or by electronic communication via the Platform from time to time for such purpose.

19. Third Parties

  No Third Party shall have any right, benefit or entitlement to enforce any terms of this Policy.

Last updated on [Ÿ] 2020.