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Privacy Policy

Atypical Advantage recognizes the importance of maintaining your privacy. We value your privacy and appreciate your trust in us. This Privacy Policy describes how we treat user information we collect on http://www.atypicaladvantage.in (“the Website”) and any other offline sources. Please read this Privacy Policy carefully.


The Privacy Policy governs the terms and conditions related to privacy of data and ancillary matters between Atypical Advantage ("Atypical"), and you i.e. any natural or legal person (including heirs, administrators, successors and assigns) and/or any entity incorporated under the relevant laws for the time being in force (including their successors and assigns) who has visited, used and/or registered themselves on the Website (“You”). 


The Website acts as a talent platform for connecting Service Professionals (i.e. persons who provide services) and Service Users (i.e. persons who avail of services), for the purpose of providing and availing of services including but not limited to singing and dancing performances, motivational speaking, massages, sign language interpretation, cooking and baking, painting and art, graphic designing, voiceover, physiotherapy, etc. (“Services”). The Website also acts as an online store for artwork by persons with disabilities (“Products”).  


By using the Website, you acknowledge that you have read, understood and agreed to our Privacy Policy, whether or not you have registered with Atypical Advantage.

  1. Privacy Policy

This Privacy Policy (“this Policy”) is published in compliance with the statutory requirement under the Information Technology Act, 2000, and the Rules made thereunder, as amended from time to time.


  1. This Policy is an electronic record as defined under the Information Technology Act, 2000 and rules made thereunder, as amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.


  1. For the purpose of this Policy, wherever the context so requires, the terms “we”, “us”, “our” shall mean Atypical, who owns and operates the Website, and “you” or “User” shall mean the user of the Website, including any person who has visited, used and/or registered themselves on the Website. This Policy does not require any physical or digital endorsement by signature.


  1. How Information Is Collected

    1.  Information voluntarily provided by you

You are not required to provide Atypical directly with any personal information in order to view the Website. However, in order to access and/or use certain content and/or features and/or functions of and/or on the Website, you may be required to provide certain information, including but not limited to:

  1. Contact information, such as name, postal address, email address, phone number, mobile number and contact preferences.

  2. Username and password.

  3. Financial information for effecting payment, such as credit card information. At no point will any financial information be stored on the website;

  4. Search queries conducted on the Website; and

  5. Other content generated by you or connected to your account, including but not limited to information, photographs, videos, listings, ratings, reviews, feedback, experiences, etc. 

  6. products / services you buy or add to cart, events / promotions participate in, surveys you fill or any other information provided by you voluntarily during your use of the Website.

  7. information provided by any means of communication including but not limited to feedback forms, letters, email, fax, notices, and telephonic communication.

  8. additional Personal Information requested by Atypical from time to time to meet new regulatory requirements or to provide you with other benefits of the Products and Services.

 

  1. Non-personal information automatically collected when you interact with the Website

While you may visit the Website without revealing any personal information, certain information may be collected by the Website automatically, including but not limited to-

  1. Internet protocol address;

  2. Browser type and operating system;

  3. Webpages and advertisements viewed and/or clicked upon within the Website;

  4. Bandwidth speed and software programs installed on your computer;

  5. Standard server log information; 

  6. Third Party Sources. For instance, if you use an integrated social media feature on our websites. The third-party social media site will give us certain information about you. This could include your name and email address, and

  7. Information collected through data collection technologies in the nature of cookies and web beacons. Cookies are small files that are installed in your browser. The Website will be able to access only cookies installed by it and not those of any other website. Web beacons are codes that deliver graphic images onto the Website and that can recognize certain information on the User’s computer such as cookies, the time and date a page is viewed, etc.


All the information collected in the manner set out above shall be referred to as “your Information” or “the Information”.


  1. How the Information is Used

Your Information may be used by Atypical in the following circumstances-

  1. Use of Personal Information

The Information collected in accordance with Clause 2.1. above shall be used for the following purposes-

  1. to inform you about latest Products and Services as well as other promotional and informational content including brochures and newsletters. We will provide you the option to opt-out of such services.

  2. to service your order, provide updates to you about the Products and Services you have purchased or availed of.

  3. the Information may be shared with partners, vendors, event organisers, performing any activity or providing any services relating to the Website or the Products and Services.

  4. in the case of acquisitions by or mergers the Information may be shared with other business entities, including any successor or partner in business.

  5. wherever it is required to be disclosed under law for the time being in force or rule, regulation or order by a statutory authority or to comply with an order/direction by a Court of Law. 

  6. for the establishment, exercise, or defence of legal claims or enforcement of rights, whether in court proceedings or in an administrative or out-of-court procedure, or for compliance with a legal obligation to which we are subject.

  7. to troubleshoot problems, detect and protect against error, fraud and other criminal or illegal activity, enforce the various terms and conditions of this Website and this Policy; prevent abuse of our services; prevent violation of the rights of third parties, other users or the general public.

  8. all matter incidental to the provision of the Products and Services to you.


  1. Use of Non-Personal Information

The Information collected in accordance with Clause 2.2. above shall be used for the following purposes-

  1. for the purposes of managing and operating our Website, and providing the Products and Services to you. 

  2. for maintaining track records of the activity of visitors, Service Users, Service Professionals, purchasers, contributors, etc. and for analysis, demographic profiling, case studies and surveys.

  3. to understand how our users are interacting with the Website including overall Website performance in terms of number of users, user engagement, time spent by users on the site etc. and to make modifications. 

  4. to understand user preferences, behaviour and offer a curated and more relevant experience to you while using our Services and Products, including targeted business and marketing activities, such as providing suggestions based on browser history, recently viewed items, wish lists, items in cart, etc.

  5. wherever it is required to be disclosed under law for the time being in force or rule, regulation or order by a statutory authority or to comply with an order/direction by a Court of Law. 

  6. for the establishment, exercise, or defence of legal claims or enforcement of rights, whether in court proceedings or in an administrative or out-of-court procedure, or for compliance with a legal obligation to which we are subject.

  7. to troubleshoot problems, detect and protect against error, fraud and other criminal or illegal activity, enforce the various terms and conditions of this Website and this Policy; prevent abuse of our services; prevent violation of the rights of third parties, other users or the general public.

  8. all matter incidental to the running of the Website and provision of the Products and Services. 


  1. Third Party Links 

    1. You agree and understand that the Website may contain links to other websites (“Linked Sites”) on the Website which are operated by third parties and are not controlled by, or affiliated to, or associated with us unless expressly specified on the Website. We are therefore not responsible for any form of transmission, transfer whatsoever, received by you from any Linked Site. 


  1. Accordingly, we do not make any representations concerning the privacy practices or policies of such Linked Sites or terms of use of such websites, nor do we control or guarantee the accuracy, integrity, or quality of the content available on such websites.


  1. Security Procedures


  1. The security of individual accounts is entirely your responsibility and it is recommended that you maintain the confidentiality of the account login credentials, including the password and do not share the same with any third party.


  1. Atypical and/or its employees and/or affiliates will never ask for your password through any means of communication; the same is required to be entered into by you on the Website interface alone. Should there be any concern of misuse and/or unauthorized access to your account, you may inform Atypical immediately at info@atypicaladvantage.in.


  1. It is your responsibility to ensure that irrespective of the nature of the device used by you to access the Website, the same is secure and all necessary steps are taken to ensure that auto-fillers within your browsers do not cause leakages of critical information.


  1. The information provided to Atypical is stored internally on its systems and the same is protected against unauthorised physical and/or electronic access including by way of encrypted data storage, password protected data access, firewall against spam attack and data back-up.


  1. As stated in this Policy, the information provided to Atypical is shared on a strictly need-to-know basis. Atypical does not retain any information for any longer than is reasonably required by it for the purpose of its services or beyond such period as may be required by applicable laws in India.


  1. The third party payment aggregator may collect your Personal Information for processing payments, and therefore, we advise that you read their privacy policies made available on their website. Financial information such as that of credit and/or debit cards and/or net banking and/or UPI will be dependent on third party payment gateways for security and storing information. The sharing of any and all credit and/or debit card and/or net banking and/or UPI information by you is at your sole risk.


  1. Atypical takes the security of the Website and User information seriously and will continue to enhance the same from time to time. However, given that by the very nature of transmission of information online, while Atypical will take all reasonable measures to protect User information, Atypical cannot guarantee the absolute security of the information provided to it, particularly in relation to compromise of data as a result of specified hacking. You hereby absolve Atypical of any liability for any leakage of data and/or information provided by him/her/it and confirm that Atypical will not be held responsible for the same.


  1. Retention of Information

    1. We retain your Personal Data only for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. 


  1. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. 


  1. Upon request, we will provide you with a copy of your personal information which we keep with us, after providing us with proof of your identity, and answering security questions, as may be necessary.


  1. Violation by You

Unlawful obtainment and / or use of any information by you, whether personal or sensitive personal information, resulting in a breach of cyber security shall be reported to such Governmental agency as may be prescribed by law, and additional appropriate legal action shall be taken in this regard.


  1. Your Rights with respect to Personal Data

For the purpose of this clause “Personal Data” shall mean information regarding your name, address, telephone number, date of birth, gender, e-mail address, provided through the Website. 


  1. Right to Access

You have the right to view, amend, access, or delete the Personal Data that we hold about you. To request access, please e-mail at info@atypicaladvantage.in


  1. Right to Rectification

If any of the Personal Data we hold on you is inaccurate or incomplete, you make ask us to correct or complete it at any time, via e-mail at info@atypicaladvantage.in.  


  1. Right to Opt-Out:

To stop receiving our promotional emails, please email info@atypicaladvantage.in. It may take up to 15 days to process your request. Even if you opt out of getting marketing messages, we will still be sending you transactional messages through email and SMS about the Products/Services bought or availed by you.


  1. Right to Erasure

    1. You may request the deletion of any Personal Data we hold on you at any time. To request deletion of your Personal Data, contact info@atypicaladvantage.in using the e-mail address we hold for you or otherwise proving your identity. Atypical shall deal with such request as per its discretion.


  1. Be aware that requesting deletion, unlike unsubscribing / opting out from specific e-mails, is total and irreversible. This means that We will also lose record of you having ever been on our systems, including any previous instructions you have given us opting out of specific emails types.


  1. Right to Restrict Processing

    1. In some circumstances you have the right to restrict the processing of your Personal Data. Those circumstances are: you contest the accuracy of the Personal Data; processing is unlawful but you oppose erasure; we no longer need the Personal Data for the purposes of our processing, but you require Personal Data for the establishment, exercise or defense of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your Personal Data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.


  1. Right to object Processing

    1. You have the right to object to our processing of your Personal Data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the Personal Data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.


  1. You have the right to object to our processing of your Personal Data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your Personal Data for this purpose.


  1. You have the right to object to our processing of your Personal Data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.


  1. Right to Withdraw Consent

    1. To the extent that the legal basis for our processing of your Personal Data is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.


  1. You may exercise any of your rights in relation to your Personal Data by e-mailing us at info@atypicaladvantage.in 


  1. Modification

Atypical reserves the right to update or modify this Policy at any time and from time to time, without any notice. If you disagree with our revisions to the Policy, you may deactivate your account or discontinue the use of the Website. Please review this Policy periodically, and especially before you provide us with any information through the Website. Your continued use of the Website after any changes or revisions to this Policy shall indicate your agreement with the terms of such revised Policy.


  1. Your consent

You acknowledge that by using this Website, you consent to the collection and use of the Information in accordance with this Policy.


  1. Notices

Any notice or other communication required to be sent under this Policy shall be sent or delivered to the receiving Party by email, registered post or by hand delivery.


  1. Governing Law and Jurisdiction

This Policy and the rights and obligations hereunder shall be construed in accordance with and be governed by the laws of India. Subject to the Dispute Resolution clause below, the courts in Jamshedpur, Jharkhand shall have exclusive jurisdiction. 


  1. Dispute Resolution

    1. In the event that a dispute arises out of or in connection with the validity, interpretation or implementation of this Policy, the parties shall attempt in the first instance to resolve such dispute through mutual discussion and negotiation, in good faith.

    2. If the dispute is not resolved in the aforesaid manner, the dispute shall be referred to arbitration under with the provisions of the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Jamshedpur, Jharkhand, India.

    3. The language to be used in the arbitration shall be English and all the pleadings and proceedings and the award in the arbitration shall be in English.


  1. Severability

If any provision of this Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Policy, which shall remain in full force and effect.


  1. Grievance Officer

In accordance with the above-mentioned Act and Rules, the name and contact of the Grievance Officer are below:


Name: Mr. Vineet Saraiwala

Address: 40 CH Area, Road No. 15, North West, Sonari, Jamshedpur, Jharkhand – 831011 

E-mail address: vineet@atypicaladvantage.in

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