PRIVACY NOTICE/POLICY

Last updated April 16, 2024

This privacy notice for Perpetuum Innovations Pvt Ltd (doing business as Spilll) ('we', 'us', or 'our'), describes how and why we might collect, store, use, and/or share ('process') your information when you use our services ('Services'), such as when you:-

Visit our website at https://spilll.app, and/or https://perpetuum.co/ or any other website of ours in force that links to this privacy notice/policy. This also applies in case you Download and use our mobile application (Spilll), or any other application of our Company available at iOS store, Play store or any other platform that links to this privacy notice or you engage with us in other related ways, including any sales, marketing, or events.

Questions or concerns? Reading this privacy notice, we will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns after reading this policy,  please email us at contact@perpetuum.co.

Definition of “Services”- Spilll ('Licensed Application') is an audio/voice social networking application/website which aims to connect people nearby and/or around you and/or closer to your current location by way of common interests on a particular topic. All the profiles on Spilll are anonymous and verified. Further, people may also organize a common topic of discussion on the Licensed Application and all the End Users interested and having similar interest can join that discussion and give their inputs.  Spilll, is an audio/voice based social networking application. The features and usage offered to You, available in the Licenced Application (App Store, Play Store and website) are referred to as 'Services'.

Definition of use and terms of use as defined under the End User Agreement and Terms of use., 

Summary of key points

This summary provides key points from our privacy notice, but you can find out more details about any of these topics by using our table of contents below or wherever link is available to find the section you are looking for.

How do we obtain your personal information?

When you download our Licensed Application or access our Services through our website, you are prompted to enter your phone number. By entering your phone number you agree to accept and give consent to our End User License Agreement and our Privacy Policy.  Hence, we become the holder of the information given by You, as defined under the Digital Personal Data Protection Act, 2023.

What personal information do we process? 

When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use. 

Learn more about personal information you disclose to us.

Do we process any sensitive personal information? 

We may process sensitive personal information when necessary with your consent or as otherwise permitted by applicable law. 

Learn more about sensitive information we process.

How do we process your information? 

We process your information to provide, improve, and administer our Services, communicate with you for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your information only when we have a valid legal reason to do so. 

Learn more about how we process your information.

In what situations and with which parties do we share personal information?

We may share information in specific situations and with specific third parties. Learn more about when and with whom we share your personal information.

How do we keep your information safe? 

We have organisational and technical processes and procedures in place to protect your personal information. However, no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hacker cybercriminals, or other unauthorised third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. 

Learn more about how we keep your information safe.

What are your rights? 

As we are geographically, located only in India, this may mean you have certain rights regarding your personal information as per laws prevalent in India. In case you think, your digital data is being used in an illegal and illicit manner, you may raise your grievances to us on the email id given in this policy, subsequent thereto, we will do our best to resolve your grievances.

Learn more about your privacy rights.

How do you exercise your rights? 

The easiest way to exercise your rights is by submitting a data subject access request, or by contacting us. We will consider and act upon any request in accordance with applicable data protection laws. Want to learn more about what we do with any information we collect? Review the privacy notice in full.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE PROCESS YOUR INFORMATION?

3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

5. HOW LONG DO WE KEEP YOUR INFORMATION?

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

7. WHAT ARE YOUR PRIVACY RIGHTS?

8. CONTROLS FOR DO-NOT-TRACK FEATURES

9. DO WE MAKE UPDATES TO THIS NOTICE?

10. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

11. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

12. YOUR CONSENT IN TERMS OF SECTION 6 OF THE DIGITAL PERSONAL PROTECTION ACT, 2023.

13. SPECIAL INDIAN ACTS GOVERNING THIS PRIVACY POLICY

14.APPLICABLE LAW AND DISPUTE RESOLUTION

15.APPLICABILITY OF RELATED AGREEMENT AND TERMS OF USE

16. CHANGES AND UPDATES 

17.THIRD-PARTY LINKS

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us. We collect personal information that you voluntarily provide to us when you register on the Services, when you express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services, or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:-

• Names;

• Phone numbers;

• Email addresses;

• Contact or authentication data;

• LinkedIn url;

• Instagram url;

• Sensitive Information. When necessary, with your consent or as otherwise permitted by applicable law, we process the following categories of sensitive information:-

1. student data;

2. information revealing political opinions;

3. information revealing race or ethnic origin;

4. data about a person's sex life or sexual orientation application data. 

• If you use our application(s), we also may collect the following information if you choose to provide us with access or permission: -

1. Geolocation Information. We may request access or permission to track location-based information from your mobile device, either continuously or while you are using our mobile application(s), to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device's settings.

• Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device's bluetooth, calendar, microphone, SMS messages, social media accounts, storage, sensors, and other features. If you wish to change our access or permissions, you may do so in your device's settings.
  
  

• Mobile Device Data. We automatically collect device information (such as your mobile device ID, model, and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using our application(s), we may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, and information about the features of our application(s) you accessed.
  
  

• Push Notifications. We may request to send you push notifications regarding your account or certain features of the application(s). If you wish to opt out from receiving these types of communications, you may turn them off in your device's settings.
  
  

• Information to verify your identify which may be required to provide you with the response that you may seek through our ‘contact us’ link.

• Email communications which may be sent to UWI will be routed through our systems and stored in our systems; 

• Tracking technologies may automatically record information such as domain and host names, other information about your geographic location, IP addresses, browser software and operating system types, your manner of connecting to the Internet (e.g., connection speed through narrowband or broadband access), and dates and times that our Website is accessed, hardware model, device hardware information, IMEI number and other unique device identifiers, phone number, serial number, current software version, mobile country code, mobile network, MAC address, cookies, pixels and settings of the devices you use to access our Website; 

• Information which you may provide including your profile photo, profile name etc; m) your facial scanning though facial recognition software;

This information is primarily needed to maintain the security and operation of our application(s), for troubleshooting, and for our internal analytics and reporting purposes.

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services. We automatically collect certain information when you visit, use, or navigate the

Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we may also collect information through cookies and similar technologies. The information we collect includes:

• Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information;

• our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps'), and hardware settings);

  
  
  

• Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information;

• Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services.

  
  
  

2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent. We process your personal information for a variety of reasons, depending on how you interact with our Services, including:

• To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order;

• To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service;

• To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service;

• To send administrative information to you. We may process your information to send you details about our products and services, changes to our terms and policies, and other similar information;

• To fulfil and manage your orders. We may process your information to fulfil and manage your orders, payments, returns, and exchanges made through the Services;

• To enable user-to-user communications. We may process your information if you choose to use any of our offerings that allow for communication with another user;

• To request feedback. We may process your information when necessary to request feedback and to contact you about your use of our Services;

• To send you marketing and promotional communications. We may process the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time. For more information, see 'WHAT ARE YOUR PRIVACY RIGHTS?' below;
  
  

• To deliver targeted advertising to you. We may process your information to develop and display personalised content and advertising tailored to your interests, location, and more;
  
  

• To post testimonials. We post testimonials on our Services that may contain personal information;

  
  

• To protect our Services. We may process your information as part of our efforts to keep our Services safe and secure, including fraud monitoring and prevention;

  
  

• To administer prize draws and competitions. We may process your information to administer prize draws and competitions;

  
  

• To evaluate and improve our Services, products, marketing, and your experience. We may process your information when we believe it is necessary to identify usage trends, determine the effectiveness of our promotional campaigns, and to evaluate and improve our Services, products, marketing, and your experience;

• To identify usage trends. We may process information about how you use our Services to better understand how they are being used so we can improve them;

• To determine the effectiveness of our marketing and promotional campaigns. We may process your information to better understand how to provide marketing and promotional campaigns that are most relevant to you;

• To comply with our legal obligations. We may process your information to comply with our legal obligations, respond to legal requests, and exercise, establish, or defend our legal rights.

3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

In Short: We may share information in specific situations described in this section and/or with the following third parties. We may need to share your personal information in the following situations:

• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company;

• When we use Google Analytics. We may share your information with Google Analytics to track and analyse the use of the Services. To opt out of being tracked by Google Analytics across the Services, visit https://tools.google.com/dlpage/gaoptout. For more information on the privacy practices of Google, please visit the Google Privacy & Terms page;

• When we use Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g. Google Maps API, Places API);

• We use certain Google Maps Platform APIs to retrieve certain information when you make location-specific requests. This includes: Geo location; and other similar information. A full list of what we use information for can be found in this section and in the previous section titled 'HOW DO WE PROCESS YOUR INFORMATION?' We may in future obtain and store on your device ('cache') your location. You may revoke your consent anytime by contacting us at the contact details provided at the end of this document. The Google Maps Platform APIs that we use store and access cookies and other information on your devices. We may share your information with our affiliates, in which case we will require those affiliates to honour this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.

• Advertisement or monetization solution application and/or service- Our application(s) may display a third-party hosted- advertisement or monetization solution application and/or service. Such an application/service allows third-party advertisers to offer virtual currency, gifts, or other items to users in return for the acceptance and completion of an advertisement offer. Such an offer wall may appear in our application(s) and be displayed to you based on certain data, such as your geographic area or demographic information. 

• When you click on the above ddvertisement or monetization solution application and/or service, you will be brought to an external website belonging to other persons and will leave our application(s). A unique identifier, such as your user ID, will be shared with the offer wall provider in order to prevent fraud and properly credit your account with the relevant reward.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information. We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such.

5. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfil the purposes outlined in this privacy notice unless otherwise required by law. We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than five (5) months past the termination of the user's account.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

6. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organisational and technical security measures. We have implemented appropriate and reasonable technical and organisational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorised third parties will not be able to defeat our

security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

7. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided in the section - 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?'

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent. Opting out of marketing and promotional communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided in the section 'HOW CAN YOU CONTACT US ABOUT THIS NOTICE?' below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

• Contact us using the contact information provided.

  
  

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements. Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. If you have questions or comments about your privacy rights, you may email us at contact@perpetuum.co.

In terms of Section 11 of  the Digital Personal Data Protection Act, 2023, you have the right to access information about your personal data. Further, in terms of Section 27 of the Digital Personal Data Protection Act, 2023 you may make a complaint to the board (as defined under the Act) for breach of your personal data.

You may access all or any other rights available to you as per the Digital Personal Data Protection Act, 2023 or Information Technology Act 2000.

8. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognising and implementing DNT signals has been finalised. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

9. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws. We may update this privacy notice from time to time. The updated version will be indicated by an updated 'Revised' date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

10. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at contact@perpetuum.co or contact us by post at: Perpetuum Innovations Pvt Ltd Second Floor, Plot No.4, Minarch Tower, Sector 44 Gurugram, Haryana 122003, India.

11. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on Indian laws, you may have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please fill out and submit a data subject access request.

12. YOUR CONSENT IN TERMS OF SECTION 6 OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023.

The consent given by the Data Principal shall be free, specific, informed, unconditional and unambiguous with a clear affirmative action, and shall signify an agreement to the processing of your personal data for the specified purpose and be limited to such personal data as is necessary for such specified purpose.

13. SPECIAL INDIAN ACTS GOVERNING THIS PRIVACY POLICY

The Digital Personal Data Protection Act, 2023,  Information Technology Act 2000 and Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules 2011 (“SPDI Rules”)

14 APPLICABLE LAW AND DISPUTE RESOLUTION

This Policy shall be governed by Indian law, without regard to conflict of law provisions.  Disputes if any shall be decided by compulsory binding Arbitration to be conducted by a sole Arbitrator who shall conduct the proceedings for a fixed fee, venue of Arbitration shall be New Delhi. In the event that an action, proceeding, or arbitration is brought to enforce the provisions of this Agreement, the prevailing party in such action, proceeding, or Arbitration shall be entitled to reasonable attorney’s fees and expenses incurred in connection therewith.  Courts at New Delhi shall have exclusive jurisdiction to try and entertain any proceedings arising out of this Agreement.

15.APPLICABILITY OF RELATED AGREEMENT AND TERMS OF USE

15.1 The clauses of the End User License Agreement between you and the Licensor shall form part of this privacy policy/ notice and you shall be bound by all the terms stipulated therein. 

 15.2 The clauses of the Terms of Use signed between you  and the Licensor form part of this privacy policy/ notice and you shall be bound by all the terms stipulated therein. 

15.3 The clauses of Applicable Use Policy signed between you and the Licensor shall form part of this policy. 

16. CHANGES AND UPDATES 

We may update this policy periodically. The "Last Updated" date 16th April 2024 indicates the most recent revision. Significant changes will be communicated to you. 

17.THIRD-PARTY LINKS

Our app may contain links to other apps and services. We are not responsible for their privacy practices. Please review their policies directly.

Note:- The end user agrees that at the time of registering for the Licensed Application through phone, the End User accepted the the licence agreement out of his own free will and voluntarily.