We value safety and privacy of your personal data. We have formulated this Privacy Policy to make the users understand our process of collecting information and parameters for non-disclosure. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2022 that require publishing the Rules and Regulations, Privacy Policy and Terms of Use for access or usage.
For the purpose of this Privacy Policy, as amended from time to time (“Policy”), wherever the context so requires,
1. The terms ‘Company’, ‘We’, ‘Us’ and ‘Our’ shall mean the RQA Esports Collective Private Limited (unless repugnant to the context or meaning thereof, the said shall deem to mean and include its subsidiaries, holding company, sister-concerns or related entities including its its successors-in-interest and permitted assigns).
2. The term ‘Platform’ shall mean include the Android and IOS Mobile Applications (FANSPACE) and Website (www.fanspace.gg) hereinafter referred as PLATFORM.
3. The term ‘User’, ‘You’ and ‘Your’ shall mean any legitimate person who is viewing, browsing or using the Platform and/or has agreed to terms of use the Platform by providing the required information while registering on the Platform and who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
4. The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Service Provider individually and collectively, as the context so requires.The headings of each section in this Policy are only for the purpose of organizing the various provisions under this Policy in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
The use of the Platform by the User is solely governed by this Policy as well as the Terms of Use (“Terms”, available at to be mentioned), and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Using the Platform and/or using any of the services provided on the Platform shall be deemed to signify the User’s unequivocal acceptance of this Policy and the aforementioned Terms, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other.
The User unequivocally agrees that this Policy and the aforementioned Terms constitute a legally binding agreement between the User and the Company and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Company, and that the same shall be deemed to be incorporated into the Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of browsing, accessing or downloading anything from the Platform constitutes the User’s full and final acceptance of the Policy and the aforementioned Terms.
The Parties expressly agree that the Company retains the sole and exclusive right to amend or modify the Policy and the aforementioned Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Policy and Terms, and stay updated on their policies.
If the User continues to use the Platform following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Policy and Terms. In so far as the User complies with the Policy and Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Platform.
The User expressly agrees and acknowledges that the Company collects and stores the User’s personal information, which is provided by the User from time to time on the Platform, this information falls into two categories:-
1. data about a user provided by the user like KYC details, user name, display picture, etc.; and
2. data about the user, or the way a user interacts with the platform or its services, which is collected by us electronicallyThe User is aware that this information will be used by the Company to provide services and features targeted at the User, that are most likely to meet the User’s needs and also to customize and improve the Platform to make its users’ experiences safer and easier.
The user also consents that such information may be used for marketing and/or for market research purposes, including internal demographic studies; to provide, optimise and personalise Platform’s services and to send you newsletters and information (if subscribed).
This information can be only viewed by the Company and will not be otherwise publicly accessible.
The User is aware that the Company/Platform may automatically track certain information about the User based upon the User’s IP address and the User’s behaviour on the Platform and the User expressly consents to the same. The User is aware that this information is used to do internal research on customer demographics, interests, and behaviour, to enable the Company to better understand, and cater to the interests of its users. The User is expressly made aware that such information may include the URL that the User visited prior to accessing the Website, the URL which the User subsequently visits (whether or not these URLs form a part of the Website), the User’s computer & web browser information, the User’s IP address, etc.
If the User chooses to purchase services from the Platform, the User consents to allowing the Company to collect information about the User’s buying behaviour and trends.
If the User chooses to post messages, reviews, feedback anywhere on the Platform, including but not limited to message boards, chat rooms, other message areas, etc., the User is aware that any and all such information provided/uploaded will be collected and stored by the Company indefinitely, and that such retained information may be used to resolve disputes, provide customer support, troubleshoot problems, etc. Additionally, such information, if requested, may be provided to judicial or governmental authorities of requisite jurisdiction, or otherwise used by the Company as permitted by applicable laws.
The User is aware that any and all information pertaining to the User collected by the Company, whether or not directly provided by the User to the Company/Platform, including but not limited to personal correspondence such as emails or letters, feedback from other users or third parties regarding the User’s activities or postings on the Platform, etc., may be collected and complied by the Company into a file/folder specifically created for/allotted to the User, and the User hereby expressly consents to the same.
The User is aware that while he/she can browse some sections of the Platform without being a registered user, certain activities require the User to provide valid personal information on the Platform for the purpose of registration. The User is aware that the contact information provided on the Platform may be used to send the User, offers and promotions, whether or not based on the User’s previous search and interests, and the User hereby expressly consents to receiving the same.
The User is aware that the Company may occasionally request the User to complete optional online surveys. These surveys may require the User to provide contact information and demographic information (like mobile phone number, pin code, age, income bracket, sex, etc.). The User is aware that this data is to be used to customise the Platform for the benefit of the User and providing all users of the Platform with services/content that the Company believes they might be interested in availing of and also to display content according to the User’s preferences.
The Company may use the information, whether provided directly or indirectly obtained from the platform, to prevent, detect and investigate potentially prohibited or illegal activities, including fraud, cheating, etc.
- Nothing contained herein shall be deemed to compel the Website/Service Provider to store, upload, publish, or display in any manner content/reviews/surveys/feedback submitted by the User, and the User hereby expressly authorises the Website/Service Provider to remove from the Website any such content, review, survey, or feedback submitted by the User, without cause or being required to notify the User of the same.
USER'S RESPONSIBILITIES
- It is a User's responsibility to provide correct information about its contact particulars. Company shall send emails at the email addresses or message on the phone numbers mentioned by a User at the time of registration upon the Platform for Cross checking the authenticity of email address/phone number provided. Company will not be liable for any incorrect information submitted by a user at any point of time on the Platform.
- You are advised not to disclose your personal information such as your phone number or email address, password or health condition in the blogs or articles or other forums that is freely accessible by public.
COOKIES
- Company collect information through Cookie to make our Sites and other content or services which we make available to you more interesting and useful to you. A ‘Cookie’ is a small piece of information stored by a web server on a web browser so it can later be traced back from that particular browser, and that cookies are useful for enabling the browser to remember information specific to a given user, including but not limited to a User’s login identification, password, etc. The User is aware that the Platform places both permanent and temporary cookies in the User’s computer's hard drive and web browser, and does hereby expressly consent to the same.
The User is further aware that the Platform uses data collection devices such as cookies on certain pages of the Platform to help analyse web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Platform are only available through the use of such cookies. While the User is free to decline the Platform’s cookies if the User’s browser permits, the User may consequently be unable to use certain features on the Platform.
The User agrees that the Platform servers automatically collect limited information about User’s computer connection to the Internet, including your IP address, when User visits Platform. The company may use this information to deliver relevant content to the User upon request, to tailor Company’s site to the interests of their users, to measure traffic within our Platform and let advertisers know the geographic locations from where our visitors come.
Additionally, the User is aware that he/she might encounter ‘cookies’ or other similar devices on certain pages of the Platform that are placed by third parties or affiliates of the Company. The User expressly agrees and acknowledges that the Company/Platform does not control the use of such cookies/other devices by third parties, that the Company/Platform is in no way responsible for the same, and that the User assumes any and all risks in this regard.
DIVULGING/SHARING OF PERSONAL INFORMATION
- The User is aware that the Platform/Company may share the User’s personal information with other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of the Platform’s services;
The User is further aware that the Platform/Company may share the non-personal user’s information to business partners, suppliers, sub-contractors, advertisers, advertising networks, search engines, etc.
The User is aware that the Company may disclose personal information if required to do so by law or if the Company in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Company may also disclose the User’s personal information to law enforcement offices, third party rights owners, or other third parties if it believes that such disclosure is reasonably necessary to enforce the Terms or Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of its users, or the general public.
The User is further aware that the Company and its affiliates may share/sell some or all of the User’s personal information with other business entities should the Company (or its assets) plan to merge with, or be acquired by such business entity, or in the event of re-organization, amalgamation, or restructuring of the Company’s business. Such new/other company will continue to be bound by the Terms and Policy, as may be amended from time to time.
The Company may use any and/or all of the information gathered/provided by the Users for the undermentioned general purposes:
1. to provide, maintain, administer, and update the Platform Services;
2. to study and assess usage of the Platform Services;
3. to correct any errors or failures of the Platform Services;
4. to customize any marketing, advertising, and/or other content presented to users of the Company ;
5. to improve Platform Services;
6. to conduct research, for statistical surveys and developing summary reports, and/or
7. to provide anonymous reporting and/or data for internal and external clients.The Company may disclose information if legally required to, in pursuant to an order from a governmental entity or in good faith. The Company will disclose the information bases to:
1. conform to legal requirements or comply with legal process;
2. protect our rights or property or our affiliated companies;
3. prevent a crime or protect national security; or
4. protect the personal safety of user(s) or the public.The Company/ may share this information with its partners and advertisers with prior written consent from its users. But if compelled by a legal order issued by a court of law or directed by a law enforcement authority, such personal information shall be disclosed as required by law without any prior notice to users.
SECURITY
- Transactions on the Platform are secure and protected. Any information entered by the User when transacting on the Platform is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
- The Registered users can access certain features of the Platform only by logging into their account using unique user name and password. It is sole responsibility of the user to safeguard their user name and password. The Company has taken all reasonable measures to secure its computer resource and information contained therein following the reasonable security practices and procedures as prescribed in the Information Technology (Reasonable security practices and procedures and sensitive personal Information) Rules, 2011. However, despite taking due security measures prescribed by law, Company does not ensure the security of its systems or any information stored or maintained on these systems at all points as no security measures are impeccable or impenetrable. The Company is not at all responsible for any breach of privacy or security caused due to technical failures, hacking attacks or other circumstances beyond its reasonable control.
THIRD PARTY ADVERTISEMENTS / PROMOTIONS
- The User is aware that the Company/ may use third-party advertising to serve ads to the users of the Platform. The User is aware that these companies may use information relating to the User’s visits to the Platform and other websites in order to provide customised advertisements to the User. Furthermore, the Platform may contain links to other websites that may collect personally identifiable information about the User. The Company is not responsible for the privacy practices or the content of any of the aforementioned linked websites, and the User expressly acknowledges the same and agrees that any and all risks associated will be borne entirely by the User.
USER’S CONSENT
- By using the Platform and/or by providing information to the Company through the Platform, the User consents to the collection and use of the information disclosed by the User on the Platform in accordance with this Policy, including but not limited to the User’s consent, the Company sharing/divulging the User’s information, as per the terms contained hereinabove in Section 5 of the Policy. Our platform is not intended for the users below 18 years and should not be used by them unless supervised by a parent or guardian.
GRIEVANCE OFFICER
- In case the User has any grievances in connection with the use of the Platform, he/she may write to the grievance redressal officer. The grievance redressal officer is authorized to attend to any user complaints or queries and resolve any matter within 30 days from date of receipt of complaint.
- In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:[Aryaman, aryaman@fanspace.gg]
DISPUTE RESOLUTION AND JURISDICTION
- Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties by taking assistance from the Mediator provided by the Company. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
- Litigation: In the event that the Parties are unable to amicably resolve a dispute by mediation, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Gurugram in the state of Haryana, India.