Section 43 A of the Information Technology Act, 2000;
Regulation 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”); and
Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.
We assure that the information provided by the User will be used sensibly and carefully, and only in accordance with this privacy statement. We maintain compliance with the highest standards of website privacy, so our Users/End-Users/Service Providers can securely place reliance on our Website/App.
By using the Services or by otherwise giving YellowSkye your information:
We ensure that all your personal information with us is secure. We are committed to protect our Users’ personal information from unauthorised access, improper use or disclosure or unauthorised modification. To prevent unauthorised access, we have adopted the latest industry-standard security technology and procedures to safeguard the information we collect from our Users online via the Website/App. We assure that your personal information is encrypted and protected with latest software, which encrypts all information provided by the User.
Though we store your personally identifiable information on our SAAS platform provider’s servers placed in a secure environment we cannot fully eliminate security risks associated with Personal Information.
“Personal Information” is defined under the SPI Rules to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person. Such information may be collected from the User through emails, telephone calls and other modes to identify you personally. By agreeing to the terms and conditions you hereby consent to the collection of such information which may include contact data, demographic data, insurance data and previous health data and records of consultation and prescriptions or such other information as you may voluntarily choose to disclose for the better quality of services.
The SPI Rules further define “Sensitive Personal Data or Information” of a person to mean personal information which may include passwords, financial information such as bank accounts, card details etc. or other payment instrument details, medical records, biometrics, physical, physiological and mental health conditions.
All the information provided to YellowSkye by a User/Service Provider, including Personal Information or any Sensitive Personal Data or Information, is voluntary and the User / Service Provider understands that YellowSkye Company may use such information for various purposes including enhancement of the Services but not detrimental to the interests of its clients/ users.
YellowSkye does not control or endorse the content, messages or information found in any Services and, therefore, YellowSkye specifically disclaims any liability with regard to the Services and any actions resulting from the User’s / Service Provider’s participation in any Services, and the User agrees to waive any claims against YellowSkye relating to same, and to the extent such waiver may be ineffective, the User / Service Provider agrees to release any claims against YellowSkye relating to the same.
If the User / Service Provider provides any information that is untrue, inaccurate, out of date or incomplete or becomes so, or YellowSkye has reasonable grounds to suspect that the information provided is untrue, inaccurate, out of date or incomplete, YellowSkye may, at its sole discretion, discontinue the provision of the Services to the User / Service Provider.
If you wish to cancel your account, we will retain your information for so long as your account with the Services is still active and not deactivated or cancelled and for such purposes as may be lawfully used or as may be required under any other law for the time being in force.
YellowSkye may require the User / Service Provider to pay with a credit card, debit card or other mediums for Services for which subscription amount(s) is/are payable. YellowSkye will collect such User’s credit card number and/or other financial institution information such as bank account numbers and will use that information for the billing and payment processes, including but not limited to the use and disclosure of such credit card number and information to third parties as necessary to complete such billing operation. Verification of credit information, however, is accomplished solely by the User through the authentication process. User’s / Service Provider credit-card/debit card details are transacted upon secure sites of approved payment gateways which are digitally under encryption, thereby providing the highest possible degree of care as per current technology. However, YellowSkye provides you an option not to save your payment details. User is advised, however, that internet technology is not full proof safe and User / Service Provider should exercise discretion on using the same.
YellowSkye may automatically receive the URL of the site from which anyone visits, the IP address of User’s / Service Provider’s computer, User’s computer operating system, type of web browser, name of User’s// Service Provider’s ISP etc. and may use the same to help YellowSkye improve its Services. The linkage between the above information will not be shared with or disclosed to third parties, who are not a party to the linkage, except with our SaaS Platform provider. However, some of the general data in non-personally identifiable form may be shared with advertisers, sponsors, investors, partners, and others in order to help grow its business and in accordance with the applicable law.
The Website/App uses temporary cookies by YellowSkye as well as those placed by the third parties to store certain data or information that may be used by YellowSkye and its Service Providers for the technical administration of the Website/App, research and development, and for User administration. The cookies however, do not store any Personal Information of the User. / Service Provider. The User may adjust their internet browser to disable cookies. If cookies are disabled you may still use the Website/App, but the Website/App may be limited in the use of some of the features.
A User may have limited access to the Website/App without creating an account on the Website/App. In order to have access to all the features and benefits on the Website/App, a User must first create an account on our Website/App for which information may be sought by the Company. Incase a user signs up on yellowskye using facebook login credentials, they may request deletion of data using the following link : https://app.yellowskye.com/facebook_user_deletion?id=6369
The Website/App may enable Users / Service Provider to communicate with other Users / Service Provider or to post information to be accessed by others, whereupon other Users may collect such data. Such Users, including any moderators or administrators, are not authorized YellowSkye representatives or agents, and their opinions or statements do not necessarily reflect those of YellowSkye, and they are not authorized to bind YellowSkye to any contract. YellowSkye hereby expressly disclaims any liability for any reliance or misuse of such information that is made available by Users in such a manner.
YellowSkye maintains a strict “No-Spam” policy, which means that YellowSkye does not intend to sell, rent or otherwise give your e-mail address to a third party without your consent.
Though the Company has adopted the best security policies and technical measures to protect the User’s personal data, however, YellowSkye shall not be held liable for any loss whatsoever incurred by the User/ Service Provider, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Services.
No sensitive personal data or information is automatically collected by YellowSkye from any casual visitors of the Website/App, who are merely perusing the Website/App.
If a casual visitor has inadvertently browsed the Website/App prior to reading the privacy statements and does not agree with the manner in which such information is obtained, collected, processed, stored, used, disclosed or retained, merely quitting the browser application should ordinarily clear all temporary cookies installed by YellowSkye. However, visitors are encouraged to “clear cookies” from their browsers to ensure such clearing / deletion, as YellowSkye cannot guarantee, predict or provide for the behaviour of the equipment of all the visitors of the Website/App.
Your Personal Information is maintained by YellowSkye in electronic form on its equipment, and on the equipment of its employees. Such information may also be converted to physical form from time to time. YellowSkye takes all necessary precautions to protect your personal information both online and off-line, and implements reasonable security practices and measures including certain managerial, technical, operational and physical security control measures.
No administrator at YellowSkye will have knowledge of your password. It is important for you to protect against unauthorized access to your password, your computer and your mobile phone. Be sure to log off from the Website/App when finished. YellowSkye does not undertake any liability for any unauthorised use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify YellowSkye by sending an email to info@YellowSkye.com The User / Service Provider shall be liable to indemnify YellowSkye any loss suffered by it due to such unauthorized use of your account and password.
YellowSkye makes all User information accessible to its employees, agents or partners and third parties only on a need-to-know basis, and binds only its employees to strict confidentiality obligations.
Notwithstanding the above, YellowSkye is not responsible for the confidentiality, security or distribution of the User’s / Service Provider’s Personal Information by our partners and third parties outside the scope of our agreement with such partners and third parties. Further, YellowSkye shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of YellowSkye including but not limited to, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, poor quality of Internet service or telephone service of the User etc.
If a User / Service Provider uses the Services or accesses the Website/App after a notice of changes has been sent to such User or published on the Website/App, such User hereby provides his/her/its consent to the changed terms.
YellowSkye strongly encourages parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although YellowSkye’s Website and Services are not intended for use by minors, YellowSkye respects the privacy of minors who may inadvertently use the Website on the internet or the mobile application.
Subject to the above Clause, the courts at Delhi/ Delhi NCR shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website/App or the Services or the information to which it gives access.