Privacy Policy

Last Updated:  1-Nov-2023

Effective From: 1-Nov-2023 

Introduction

Gamitar Inc. is a Software as a Service (SaaS) (“Company”, “We”, “Us”, or “Our”) that provides game-based learning to its customers (“You”, “Your”, “Customer”). At Company protecting the privacy of Customers, and visitors is a core business principle. We understand that the information provided by the Customer, Learner and visitor belongs to the Customer, Learner, and visitors, not to the Company.

This Privacy Policy applies only to information collected by the Company on websites at the URL https://www.gamitar.com/, https://evivve.com/, https://app.evivve.com/ and any other service, product, app, or website provided by the Company that explicitly specifies the applicability of this Privacy Policy (collectively, “Site”). The Privacy Policy is subject to the Company’s Terms of Service, available at toc link, as updated from time to time. If any capitalized word or phrase has been defined within the Terms of Service but has not been defined within this Privacy Policy, that word or phrase shall have the same meaning that has been assigned to it under the Terms of Service.

1. WHAT INFORMATION DOES THE COMPANY COLLECT?

Company collects personal information about (1) Customers; (2) Learners; and (3) any visitor of Our Site, whether or not they are a customer (“Visitors”). Collectively, the personal information about the Customer (“Customer Information”), Learner (“Learner Information”), and Visitors (“Visitor Information”) is referred to as “Information”. If an individual purchases Services or uses the Site directly on its own behalf, then such individual is both a Customer and a Learner.

1. Customer: When a Customer registers for the Services, Customer is required to provide Information that is necessary for Us to provide You with the Services. We ask for information that includes but is not limited to, name, email address, contact number, job title, company name, and billing or payment related information such as payment method, masked credit card number or account number, transaction ID, amount paid or payable, GST number or another tax identifier (if relevant). When the Customer subscribes to the Services, time zone will also be collected. In order to log in to Your account, a password or another form of account verification is performed. You may choose to create an account by choosing a password, or by using a single-sign-on (SSO) service such as by linking Your account on the Site with Your Google account or Apple ID.  

2. Learner: When a Learner registers for the Services, the Learner is required to provide Information that is necessary for Us to provide the Services. We ask for information that includes but is not limited to, name, email address, contact number, job title, and company name. 

3. Visitor: When a Visitor visits the Site, the Company collects information as per the Cookie Policy, as explained in the Section 7 below. We may also collect other Information that is provided by the Visitor at the Visitor’s discretion, such as the Visitor’s name and contact information if the Visitor chooses to Contact Us. 

4. How does the Company Process Information? 

The Information collected is only used in accordance with this Privacy Policy for the purposes described below.

1. Performance of contract: To provide Our services in the normal course of Our business, to provide features in the Services availed, including providing a gamified digital platform, enabling gamified/digital learning experience, enabling coaching and skill evaluations, developing and gaining insights in interpersonal skills, contacting You regarding technical support, discussing billing issues, or bringing to Your attention any aspect of our mutual business such as changes to Our agreements or this Privacy Policy.

2. Legitimate interest: To protect Our legal rights, to improve the performance, features and security of the Site and Services by analyzing user behavior, or for detection or prevention of fraud or misuse of Our Services or properties.

3. Compliance with a legal obligation: To comply with Our legal obligations and for law enforcement purposes, for compliance with a legal requirement or court order.

4. With consent: To provide Our newsletter(s), if You subscribe for a newsletter. 

5. WITH WHOM DOES THE COMPANY SHARE INFORMATION?

The Company does not use or disclose Information for purposes that are materially different from those described in this Privacy Policy. We do not sell Information to any third party. We will share the Information with third parties only in the ways that are described in this Privacy Policy. 

1. Learner Information with Customer: We provide game-based products to the Customers who may provide training to the Learners. Accordingly, the Company may provide access to the Customer with the Learner Information and content created by the Learner while using the Services. 

2. Service Providers: Our service providers and Affiliates provide features of the Services, process payments, help Us in fulfilling Our obligations to Customers or Learners, and/or help Us comply with applicable laws. Our service provider and Affiliates will be required to use Information solely for the purpose of Services. For example, Our payment gateway providers process Information as necessary to process Your payments to Us.

3. For Legal Reasons: We may disclose Information as required by law such as to respond to subpoenas, court orders, or legal process, or to establish or exercise legal rights or defend against legal claims and when We believe, in good faith, that disclosure is necessary to protect Our right, or to protect Your safety or the safety of others. In certain situations, We may be required to disclose Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also share Your information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Our Terms of Service, or as otherwise required by federal or state laws of the United States of America. 

4. Merger and Acquisition: If the Company is involved in merger, acquisition, or sale of all or a portion of its assets, Customer will be notified via email and/or a prominent notice on the Site or Service of any changes in ownership, processing of Information, and choices available to Customer regarding any Information in Our possession. 

5. WHAT RIGHTS DO YOU HAVE UNDER THIS PRIVACY POLICY?

You may exercise Your rights by contacting Us at legal@gamitar.com. We may, at Our own discretion, require You to furnish proof of Your identity and/or proof of authorization to undertake the requested action prior to granting any request under this section. Where permitted by law, We may charge a fee for performance of the obligations under this section. 

Customers may exercise the following rights for Customer’s data:

1. Data Ownership: You own all personally identifiable information that they bring to Our platform. We may Process the Information in accordance with this Privacy Policy.

2. Right to Data Portability: Data may be exported from Our system by Customers for external use in a format chosen by the Customer from a list of formats provided by Us.

3. Right to Erasure: Company deletes Information subject to Section 5 below. In certain situations, We may retain some or all of Your Information in accordance with Section 5 below. We may refuse to grant this request if We consider the retention of Information to be necessary for Us to protect Our legal rights, for law enforcement purposes, for compliance with a legal obligation or court order, or for detection or prevention of fraud or misuse of Our Service or properties.

4. Right to Access and Correction: Upon request by a User, We will inform the User whether We hold any Information. Certain categories of Customer Information and Leaner Information may not be modifiable through the account. The changed Information may remain in back-ups and records subject to Section 5 below.

5. Right to Opt-Out from Direct Marketing Communications: All direct marketing communications, such as emails, sent by Us contain instructions for unsubscribing from such communication or by contacting Us as provided above.

6. DATA STORAGE AND RETENTION. 

   1. Data Storage: By accessing the Sites or using the Services, You agree and provide Your consent to transfer and store Information, including personally identifiable information and sensitive personal data, to Our servers located in Mumbai, India. We undertake all reasonable measures to ensure the security of the Information.

   2. Data Retention: Subject to the rights of the Users and this section, if a User's account remains inactive for a period of one (01) year, the Company will automatically delete the information. We will use the following criteria to determine the duration for which Your Information will be retained:

      1. Legitimate Purpose:  Information necessary for Our legitimate purposes, such as record keeping, billing and/or accounting, resolution of disputes, enforcement of Our agreements, protection of Our rights, prevention and detection of fraud, or misuse of Our Services or properties, may be retained as long as necessary to fulfil such legitimate interests. We will not retain data for such legitimate purposes if We believe that Your interests or fundamental rights and freedoms override Our legitimate interests.

      2. Legal Obligation: Information necessary to fulfill Our legal obligations, such as taxation, data retention, reporting obligations, and other obligations under applicable law, court order, or law enforcement request, may be retained as long as required to comply with such legal obligations.

      3. Anonymized Data for Product Improvement: We may retain anonymized data for improving products and Services, and for creating new products and Services.

7. HOW DOES THE COMPANY PROTECT THE INFORMATION? 

To prevent unwanted and unauthorized access to the Information, Company uses the following methods, techniques, and technologies:

1. We use security logs, train Our personnel, and limit access to only essential personnel.

2. During transmission, the Information is protected with encryption.

3. The Service is hosted in a secure server environment that uses reasonable technologies to prevent access from outside intruders. 

4. All consultants have strict confidentiality obligations under a written agreement.

5. COOKIE, WEB BEACONS, AND OTHER TRACKING TECHNOLOGY. As is true of most websites and services, We gather certain information automatically and store it in log files in order to improve the features and security of Our Services. This information may include Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, date/time stamp, and/or clickstream data, etc. We do not link this automatically collected data to other information We collect about You.

We, and third parties on the Site, also use cookies and other tracking technologies. For information about the use of cookies and other tracking technologies on the Site and Service(s), please see Our Cookie Policy, available at cookie policy link, as updated from time to time, and incorporated herein by reference.

You can control the use of cookies as described in the Cookie Policy, but disabling cookies may limit Your use of certain features or functions on the Site or Service(s). 

8. THIRD PARTY WEBSITE(S), APP(S), SOFTWARE(S), OR SERVICE(S). The Service may, from time to time, contain links to the websites of Our partner networks, advertisers, affiliates, or any other third-party websites, apps, or services. This Privacy Policy does not apply to data collected on third party websites, apps, or services, or the use of Company’s Services by third parties for the collection of information, even if such third parties are Company’s partners and display Company branding on their websites, apps, or services. Data collected by third parties is subject to their own privacy policies and privacy practices. Please check the privacy policies and terms of service or terms and conditions of any third-party website, app, software, or service that You choose to visit or use. We do not accept any liability for any collection, storage, use, misuse, sharing, disclosure or transfer of data, viruses or other malware, or any other damage, loss or harm caused to You or anyone else as a result of Your visit to any third-party website, app, or service, or use of any third-party software.
9. CHILDREN’S PRIVACY. We do not knowingly collect personal information from children under the age of 13 years or the legal age or majority defined in Your jurisdiction. If You are under the legal age, please do not submit any personal information to Us. If We become aware that We have collected personal information from a child under the legal age, We will take steps to promptly delete such information from Our records.
10. DO NOT TRACK. Our website currently does not respond to Do Not Track requests from web browsers or other software.
11. Usage of Session Content for Marketing and Training
    Gamitar Learning is committed to protecting and respecting your privacy, and we’ll only use your personal information to administer your account and to provide the products and services you requested from us. From time to time, we would like to contact you about our products and services, as well as other content that may be of interest to you. By checking the given box on the Play Game box, users permit Gamitar Learning to take pictures/record the gameplay session and use it for learning, training, and marketing purposes While this is optional, if you subscribe to this the recording will be made available to you and it holds the potential to help you draw learning about your sub/unconscious behaviors. 
    If you would like content that involves you to not be published for marketing/training purposes, please write to support@evivve.com and let us know. Our operating principle: We publish nothing that belongs to you without your consent.
12. Marketing and Communication Consent 
    Users may unsubscribe from these communications at any time. For more information on how to unsubscribe, our privacy practices, and how we are committed to protecting and respecting your privacy, please review our Privacy Policy.
    By clicking the submit button, the user consents to allow Gamitar Learning to store and process the personal information submitted above to provide them with the content requested.
     
13. MODIFICATION IN THIS PRIVACY POLICY. As We are constantly improving the Services and expanding the business, We retain the right to modify the Privacy Policy at any time. In the event We make any material modification, We will notify Our Customer about the modification by sending an email to the email address provided by the Customer, by means of a notice on the Site or a Service provided by the Company, and/or through any other reasonable means prior to the modification to the Service. The modification will become effective after fourteen (14) days after the new policy has been notified or posted on the Site or on the Service. We encourage You to periodically review this page for the latest information on our privacy practices.
14. ADDITIONAL INFORMATION FOR THE EUROPEAN ECONOMIC AREA

This information is applicable for Users and Visitor if such User or Visitor is located in the European Economic Area. The Company is a “data controller” as defined in the General Data Protection Regulation. The Company is registered and located in the United States of America, and stores and processes data in India. US and Indian law may require access to data or information to be provided to the government or law enforcement authorities.

If You are located in the European Economic Area, You have the following rights available to You in addition to the rights listed above. We may, at our own discretion, require You to furnish proof of Your identity and/or proof of authorization to undertake the requested action prior to granting any request under this Section. Where permitted by law and necessary to prevent abuse, the Company may charge a fee for the performance of its obligations under this Section.

1. Right to Restrict Processing: You may request for processing of Information to be restricted under Article 18 of GDPR.

2. Right to Object: You may object to the processing of Your Information under Article 21 of GDPR.

3. Supervisory Authority: If You are unsatisfied with Our response to Your request, You have the right to complain to Your supervisory authority. However, for speedy fulfillment of Your rights, We request that You reach out to Us first, so that We can help You resolve any issue You may have faced in the fulfillment of Your request.

The Company uses Sub-Processors for the following purposes: payment processing, contact relationship management, analytics, hosting data and information, to provide features of the service, and marketing. 

13. CONTACT US. If You have questions about this Privacy Policy, You can contact us at legal@gamitar.com.