The website, ‘www.bytheseabonds.com’ (the “Website”), and the mobile application, ‘By the Sea Bonds’ (the “Application”) are managed and published by Amaya Learning (“Amaya Learning”, “we”, “us”, and “our”). The Website and the Application may hereinafter be collectively referred to as the “Platforms” and individually as a “Platform”. The person(s) accessing or using the Platforms may be referred to as the “Learner(s)”, “you”, and “your”.

This Privacy Policy (the “Policy”) governs the manner in which the Platforms collect, use, store, and disclose information of its Learners. This Policy constitutes a contract between you and Amaya Learning. Please read the Policy carefully before using the Platforms.

To access and use the Platforms, you must be legally competent to enter into a contract as per the Indian Contract Act, 1872, which means: (1) you have reached the age of majority, (2) you are of sound mind, and (3) you are not disqualified from contracting under any applicable law.

By accessing or using the Platforms, registering on the Platforms, providing your personal information, or by otherwise indicating your consent when prompted, you expressly consent to the collection, use, storage, and disclosure of information and otherwise processing of your personal information in accordance with this Policy. If you are a parent or caregiver of a child, who accepts this Policy and shares the child’s personal information on the Platforms, you consent to the processing of your child’s personal information. You represent and warrant that you are the parent or caregiver of the child and agree to indemnify, defend, and hold harmless Amaya Learning, its partners, affiliates, officers, employees, or agents, from and against all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorney’s fees) that arise from or relate to breach of this representation. If you do not agree with any provisions of the Policy, please do not use the Platforms.

Capitalized terms used in this Policy and not otherwise defined will have the meaning ascribed to them under the Platform’s Terms of Use.

1. PERSONAL INFORMATION:

The term “personal information” refers to information concerning an individual which personally identifies such individual.

2. INFORMATION WE COLLECT:

2.1. We may collect: (1) personal information such as the name, email address, and phone number, (2) any information you voluntarily submit to us, and (3) non-personal information such as browser details, language preference, referring site, date and time of requests, operating system and details of the internet service providers, and other technical details gathered through cookies and similar tracking technologies, when you access our Platforms, register with the Platforms, purchase or subscribe to the Course, or other Platform Offerings, submit Learner Contributions on the Platform, interact with us, and otherwise use our Platforms. You may elect against providing personal information; however, the choice against providing personal information may prevent you from accessing the Platform and the Platform Offerings or from accessing certain features on the Platforms.

2.2. We do not collect personal information unless it is necessary to make the Platforms and the Platform Offerings available to you.

2.3. We do not store personal information on our servers unless required for the ongoing operation of our Platforms.

2.4. Any personal information voluntarily shared by you on the Public Forum may be viewed by other Learners on the Platforms. Please exercise caution while sharing any information including any information relating to your child on the Public Forum.

2.5. To enhance your experience, our Platform may use 'cookies'. A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns for record-keeping purposes. You may choose to set your web browser to refuse cookies or to notify you when cookies are being sent. However, this is likely to result in the restricted use of the Platforms and its features.

3. HOW WE USE AND SHARE THE INFORMATION COLLECTED:

3.1. We may use the information collected from you for the following purposes:

i. To provide access to our Platforms and/or the Platform Offerings: We use your information as collected by us to: (1) allow you to access the Platforms and the Platform Offerings, (2) provide customer service, (3) fulfil purchases through the Platforms, (4) facilitate your interactions on the Public Forums, (5) improve your experience on the Platforms, and (6) to resolve any issues with our Platforms or your access to the Platforms.

ii. To improve our Platforms and maintain safety: We use your information to analyze, improve, and customize the functionality of the Platforms and the Platform Offerings. Further, we also use your information for legitimate and permitted uses under the applicable law, and to ensure the safety of the Platforms and its Learners.

iii. To communicate with you or market our services/products: We may use your personal information to communicate with you about your access and use of our Platforms, our offers, the Platform Offerings, or to respond to your queries, requests, grievances, and feedback on the Platforms. If at any time you would like to unsubscribe from receiving any communications from us, please write to us at support@bytheseabonds.com.

iv. To comply with legal obligations: We may use your information to comply with legal obligations and enforce our rights arising from any contracts entered into between you and Amaya Learning.

3.2. We do not use your personal information for making any automated decisions affecting or creating profiles other than what is described in this Policy. We do not sell, trade, or otherwise exploit personally identifiable information to others. We may collect, use, and share generic aggregated information that cannot be linked to any individual with our business partners and trusted affiliates, for lawful purposes.

3.3. We may share your personal information with service providers who perform services on our behalf, such as hosting, email delivery, advertisers, and analytics. These service providers are bound by contractual agreements to use your personal information solely to provide services to us and are required to maintain the confidentiality and security of your information.

4. YOUR CHOICES:

4.1. You will have the option to receive communications, including promotional or commercial messages, from the Platforms, and third parties with whom you interact through the Platforms. You may withdraw your consent to receive any communications from us by notifying us at support@bytheseabonds.com. Please note that even if you opt-out, we may still send you non-promotional communications, such as those related to your account or our ongoing business relationships.

4.2. You have the right to update, correct, complete, or erase the information provided to us while using the Platforms. You must furnish only such information as is verifiably authentic while exercising the right to correction or erasure. You may update, correct, complete, or erase your information either by using the options made available under your profile and/or the Public Forum section or by notifying us at support@bytheseabonds.com. We will erase the personal information and cause our service providers who perform services on our behalf to erase such personal information upon: (1) your withdrawal of consent for its processing, or (2) the cessation of the purpose for which the information was collected, unless the retention of such information is required to comply with applicable laws, or (3) upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the Appropriate Government or its agency. However, please note that we have limited access to the communications, photos, files, or other documents publicly made available by you on the Public Forum and may not be able to delete them. If you wish to delete any information publicly made available by you on the Public Forum, please delete it by using the options made available under the Public Forum section.

5. PROTECTION OF YOUR INFORMATION:

We take all reasonable measures to protect the personal information against any unauthorized access, use, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure. While we strive to safeguard your information, absolute security cannot be guaranteed.

6. NO CROSS-BORDER DATA TRANSFER:

Your information including any personal information and non-personal information is stored, processed, and transferred in and to the Amazon Web Service (AWS) servers and databases located in India. The Platforms are intended for the Learners based exclusively in India and not for any cross-border purposes. Please do not attempt to access and use the Platforms from a territory outside India and if you access the Platforms using any circumvention methods or techniques and during such access share any personal information, it would be at your sole risk and liability.

7. MODIFICATION TO PRIVACY POLICY:

We reserve the right to update or modify our Policy from time to time. You will be notified of any such modifications. By continuing to use the Platforms after any changes have been made, you agree to be bound by the updated Policy.

8. LIMITATION OF LIABILITY:

In no event will Amaya Learning, its affiliates, or their respective partners, officers, employees, or agents be liable to you for any direct, indirect, incidental, special, consequential, or punitive damages arising from or in connection with your use of, or inability to use, the Platforms, the Platform Offerings, or the Platform Content, any unauthorized use of the Platforms, or your account. This limitation applies regardless of the legal theory under which such damages are sought, including but not limited to, warranty, contract, tort (including negligence), or otherwise, even if Amaya Learning has been advised of the possibility of such damages.

9. GOVERNING LAW & DISPUTE RESOLUTION:

9.1. The Policy will be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Any legal proceedings arising out of or related to the Policy or the Platforms, including applications for interim reliefs, must be brought exclusively in the courts located in Mumbai and you consent to the exclusive jurisdiction of such courts.

9.2. Any disputes, claims, or controversies arising from or relating to the Policy, including issues of its existence, validity, enforceability, performance, interpretation, breach, or termination, will be conclusively resolved in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Disputes may be referred to arbitration by issuing a notice to support@bytheseabonds.com. The seat and venue of arbitration will be in Mumbai. The arbitration will be conducted in English. The arbitral tribunal will consist of a sole arbitrator, appointed as per the Arbitration and Conciliation Act, 1996. Each party will bear its own legal costs. The costs of the arbitral tribunal and other administrative expenses to be borne as specified by the Arbitration and Conciliation Act, 1996. Both parties agree to maintain confidentiality of the arbitration proceedings, except as may be required for the enforcement of the award.

10. WAIVER:

Our failure or delay in enforcing any provision of the Policy does not constitute a waiver of that provision or its rights. A waiver of any breach does not imply a waiver of any subsequent breach. The waiver of a specific right or remedy in one instance does not prevent us from enforcing that right or seeking that remedy in other instances. Similarly, a waiver of a particular obligation of the Learner in one instance does not prevent us from requiring the performance of that obligation in any other instance.

11. SEVERABILITY:

If any provision of the Policy is held invalid or unenforceable by any law, regulation, or court of competent jurisdiction, then that provision will be modified to the extent necessary to render it valid and enforceable, if not possible, severed from the Policy, with the remaining provisions continuing in full force and effect.

12. GRIEVANCES:
If you have any concerns, grievances, or questions about this Policy or the Platforms, or wish to exercise your rights, please write to the Grievance Officer, Abhishek Parikh a thorough description via email to support@bytheseabonds.com. On receipt of grievances, we will initiate action in accordance with applicable law.

13. Effective Date

The Policy will be effective for each Learner from the date that the Learner accepts the Policy. The amendment(s), if any, will be effective from the date they are published.

This Policy was last published on 17th October 2024.