Privacy Policy

Effective date: 01st October, 2024

Last updated on: 01^st October, 2024

1. General

This privacy policy (“Privacy Policy”) has been drafted and published in accordance with the Information Technology Act 2000, the Information Technology (Amendment) Act 2008, the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011 and the Digital Personal Data Protection Act, 2023. This Privacy Policy constitutes a legal agreement between you, as a user, and Marigold Aviation India Private Limited (“Marigold”), also referred to below as “we”, “our” and “us”).

You must be a natural person atleast 18 years of age.

By continuing to read this, and/or use our services, you explicitly consent without limitation or qualification to the collection, use and transfer of your data.

This Privacy Policy will explain how we use the Information we collect from you when you use our Platforms and/or services. This Privacy Policy applies to our website, online portal, mobile applications, feedback forms, and any other means through which we may collect your Information (collectively referred to here as our “Platforms”).

We own all the intellectual property rights associated with the Platform and its contents. No right, title or interest in any downloaded material is transferred to you because of any such downloading or copying. The Platform is protected by copyright as a collective work and/ or compilation (meaning the collection, arrangement, and assembly) of all the content on this Platform, pursuant to applicable law.

Our logos, product and service marks and/ or names, trademarks, copyrights and other intellectual property, whether registered or not (“Marigold IP”) are exclusively owned by us. Without our prior written permission, you agree to not display and/ or use Marigold IP in any manner. Nothing contained in this Platform or the content, should be construed as granting, in any way to you, any license or right or interest whatsoever, in and/ or to Marigold IP, without our express written permission.

Please read the following carefully to understand our views and practices regarding your personal data.

1. Downloading, accessing, or otherwise using the Platform indicates that you have read this Privacy Policy and consent to its terms. If you do not consent to the terms of this Privacy Policy, do not proceed to download, access, or otherwise use the Platforms. 

1. Our Privacy Policy is subject to change at any time without notice. To make sure you are aware of any changes, please review this Privacy Policy periodically. The last updated date can found at the beginning of this Privacy Policy.

1. All partner firms and any third-party working with or for us, and who have access to your Information including Sensitive Personal Information, will be expected to read and comply with this Privacy Policy.

• How we collect the Information

We employ various approaches to gather data from and about you, including:

• Direct interactions: We collect Information through the Platform when you visit. The data we collect depends on the context of your interactions with our Platform. You may furnish your identity and contact information by completing any forms or communicating with us via post, phone, email, or other means.

• Automated technologies or interactions: When you engage with our Platforms, we automatically gather technical data regarding your devices, browsing activities, and patterns, utilizing cookies and similar technologies.

2.3.    From other sources: We may receive Information from other sources, such as public databases: joint marketing partners; social media platforms; or other third parties.

• Information we collect

• We collect the following Information from you when you use or signup on our Platform: name, email ID, dob, mobile number, academic records, street, city, state, pin code, country, information about your usage of the Platform, including crash logs and usage statistics, information about the location of your device, including geo location information, etc..

• For the purposes of this Privacy Policy, the term “Personal Information” means information that you provide to us that personally identifies you to be contacted or identified, such as your name, phone number, email address, and any other data that is tied to such information.

The term “Sensitive Personal Information” shall mean personal information, which consists of information relating to any of the following of an individual:

• physical, physiological and mental health condition;
  • sexual orientation;
  • insurance data;
  • important dates and events;
  • personal interests;
  • medical records and history;
  • banking and finance related documents (excluding passwords, pins etc.);
  • legal documents, agreements;
  • vehicle registration documents;
  • health data;
  • biometric information; and/or
  • any financial information including inter alia credit card, debit card details, bank account and know your customer (“KYC”) documents as per RBI regulations and any other information as may be applicable.

Personal Information and Sensitive Personal Information shall be collectively referred to as “Information”.

• We might collect your payment and billing information including billing name, billing address and payment method when you make payments for our services.

• When you visit our Platform, some information is automatically collected. This may include information such as the type of mobile device, operating system (OS) running on your device, internet protocol (IP) address, internet domain of your service provider, unique user ID, type of browser, pages/URLs you have visited, access dates and times, device type, language, duration of time spent on our Platform, pages accessed, and, if you have reached this Platform from another website, the address of that referring website, or what site you visit when you leave us. We also collect information about how you use our products or services.

• We gather Information from third party and such Information may most likely include the name and email address.

• We may collect Information from you passively, and such Information may most likely come through social media or comments.

• We may use tracking tools like google analytics, google webmaster and web beacons for collecting Information about your usage of our Platform.

• We collect marketing and communications data including your preferences in receiving marketing information from us and your communication preferences.

• Managing cookies

• To improve the user experience, we set and use cookies on our Platforms and third-party providers, which enables storage and management of user preferences, deliver targeted advertising, gather usage data and analytics.

• You can manage cookies in your browser settings, and you always have the choice to change these settings by accepting, rejecting, or deleting cookies. If you choose to change your settings, you may find that certain functions and features will not work as intended to avail of our services. All browser settings are slightly different, so to manage cookies, you should refer to the relevant settings within your browser.

• Where you give consent to the use of cookies, that consent can be withdrawn at any time by adjusting your cookie settings.

• How long will we use your personal data for?

• We will only retain your personal data for as long as reasonably necessary to fulfil the purposes collected for, including for the purposes of satisfying any legal, regulatory or reporting requirements. We may retain your Information for a longer period in the event of a complaint or if we reasonably believe that there is a prospect of litigation in respect to our relationship with you.

• To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of your Information, 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, regulatory, tax, accounting or other requirements.

• Purposes for which we will use your personal data

• We use the Information we collect to primarily provide, maintain, protect and improve our current products and services and general usage.

• We use the Information collected through this Platform as described in this Privacy Policy, and we may use your Information to inter alia:
  • register you as a new applicant;
  • improve our services, Platforms and how we operate our businesses;
  • understand and enhance your experience using our Platforms, products and services;
  • personalize our products or services and make recommendations;
  • provide and deliver products and services you request;
  • process, manage, complete, and account for transactions;
  • provide customer support and respond to your requests, comments, and inquiries;
  • create and manage your online accounts on our Platforms;
  • send you related information, including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages;
  • communicate with you about promotions, upcoming events and news about products and services;
  • manage our relationship with you which will include notifying you about changes to our terms or Privacy Policy;
  • Protect, investigate and deter against fraudulent, unauthorized or illegal activity.

• We may process your Personal Information without your knowledge or consent where required by applicable law or regulation for the purposes of verification of identity or for prevention, detection or investigation, including of cyber incidents, prosecution and punishment of offences.

• We will exclusively utilize your personal data for the purposes for which it was initially collected, except where we reasonably determine that an alternative use is necessary and compatible with the original purpose. Should you seek clarification on how the processing for the new purpose aligns with the original one, please don’t hesitate to contact us.

• Additional Sharingof Personal Information

We may also disclose your personal data to the following for the purposes outlined in the table above:

• to service providers offering IT and system administration services;
  • to professional advisors such as lawyers, bankers, auditors, and insurers providing consultancy, banking, legal, insurance, and accounting services;
  • to regulatory bodies and other authorities necessitating reporting of processing activities under specific circumstances;
  • with third parties who work on our behalf provided such third parties adhere to the data protection principles set out in the IT Act, 2000 (21 of 2000) and other applicable legislation, or enter into a written agreement with us requiring that the third party provide at least the same level of privacy protection as is required by such principles;
  • to protect our rights and property, our agents, customers, and others including to enforce our agreements, policies and terms of use; and
  • for the purpose of a business deal (or negotiation of a business deal) involving the sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture or bankruptcy transaction or proceeding).

• Personal Information of Minors

• Our Platforms are not intended for minors. Moreover, our Platforms cannot distinguish the age of persons who access and use our Platforms. We will only collect and process Personal Information of minors in India (under the age of 18) only where specific consent has been obtained from a parent or legal guardian. If a minor has provided Personal Information without parental or guardian consent, please contact us to remove the Personal Information and unsubscribe the minor. Alternatively, if we become aware of, that Personal Information has been collected from a minor without parental or guardian consent, we will delete the Personal Information and terminate the minor’s account without any notice.

• Data Transfer

• We may need to transfer your Personal Information to countries other than your own, such as where some of our service providers are based. A transfer of data to countries outside India will only take place as it is necessary or required by law, you have given your consent or as part of data processing by a processor.  Whenever we conduct such transfers, it ensures that an equivalent level of protection is applied to safeguard your data. Should you require additional details regarding the specific mechanism utilized by us for transferring your personal data outside, please reach out to us.

• Data Security

• We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where it is legally required to do so.

• Our security measures are regularly reviewed and updated to reflect technological developments. We take all steps reasonably necessary to ensure that your Information is kept secure, however, please understand that no transmission of data over the internet or any other public network can be guaranteed to be 100% (one hundred percent) secure.

• Information you provide to us is shared on our secure servers. We have implemented appropriate physical, technical and organizational measures designed to secure your Information against accidental loss and unauthorized access, use, alteration or disclosure. In addition, we limit access to personal data to those employees, agents, contractors, and other third parties that have a legitimate business need for such access.

• We will contact you regarding any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Information to you via email or any other feasible manner in the most expedient time possible and without unreasonable delay, insofar as consistent with the legitimate needs of law enforcement and will undertake all measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

• Links to Third Party Site/Apps

• This site may contain links that take you to other websites over which we do not have any direct or indirect control. We therefore cannot and do not make any representations or warranties on their behalf. This Privacy Policy does not extend to the data collection practices of third parties and we do not assume any responsibility or liability for the privacy practices, policies or actions of third parties. You should read the individual privacy policies and/or legal notices of such sites and make an informed decision as to whether you wish to use these sites based on their privacy practices.

1. Legal Rights

Under certain circumstances, you have certain rights under data protection laws in relation to your personal data. These are as follows:

1. you may request to receive a copy of the personal data that we hold about you;
   1. you may request that any incomplete or inaccurate data be corrected;
   1. you may request the erasure of your data where there is no good reason for us to continue to process it;
   1. you may object to processing of your data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms;
   1. you may request us to suspend the processing of your personal data in the following scenarios:
      1. if you want us to establish the data’s accuracy;
      1. where our use of the data is unlawful but you do not want us to erase it;
      1. where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims;
      1. you have objected to us for use of your data but we need to verify whether it has overriding legitimate grounds to use it;
   1. you may request the transfer of your personal data to you or to a third party; or
   1. you may withdraw consent where we are relying on your consent to process your personal data.

You may opt to not provide us with certain information, however that will restrict you from registering with us or availing of some of our features and services.

1. Changes to this Privacy Policy

1. We may change this Privacy Policy from time to time. If we make any changes to this Privacy Policy, we will change the “Last Updated” date above. However, no notification shall be passed on to the Platform users for any possible changes. You agree that your continued use of our services after such changes have been published to our services will constitute your acceptance of such revised policy. Please always note that you are responsible for updating your Information, including providing us with your most current email address.

1. If you do not wish to permit changes in our use of your Information, you must notify us promptly that you wish to deactivate your account with us. Continued use of the Platform after any change/ amendment to this Privacy Policy shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

1. Any complaints or concerns in relation to your Information or content of this Platform or any dispute or breach of confidentiality or any proprietary rights of user during use of the Platform or any intellectual property of any user should be immediately informed to the ‘Grievance cum Nodal Officer’ at the co-ordinates mentioned below in writing or by way of raising a grievance ticket through the email using the following details:

Email: info@mgavia.com

1. Governing Law

1. Your use of the Platform will be governed by and construed in accordance with the laws of India.
   1. Subject to as provided hereinbelow, you agree that any legal action or proceedings arising out of your use may be brought exclusively in the competent courts/ tribunals having jurisdiction in Chennai in India and irrevocably submit to the jurisdiction of such courts/ tribunals.

1. Unless where the data protection board of India pursuant to the Digital Personal Data Protection Act, 2023, is of the opinion that a complaint is to be resolved by mediation, all other complaints, issues, differences or disputes arising out of and/ or in relation to this Privacy Policy shall be resolved amicably at the first instance. In the event such issue, dispute and/or reference is not resolved amicably within 30 days from the date of written notice of dispute by a party hereto, then it shall be resolved by arbitration in accordance with (Indian) Arbitration and Conciliation Act, 1996 and rules made thereunder as amended from time to time. 

1. We shall appoint a single arbitrator. Such arbitration shall be conducted in English and with the seat and venue of arbitration in Chennai, India.

1. The award rendered by the arbitrator shall be final, conclusive and binding, and shall be subject to forced execution in any court of competent jurisdiction. The award rendered by the arbitrator shall, in addition to dealing with the merits of the case, fix the costs of the arbitration and the Party who shall bear the same.