PRIVACY POLICY


This privacy policy ("Policy") forms an electronic contract within the provisions of the Information Technology Act, 2000 ("IT Act") and the rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the IT Act, from time to time. This Privacy Policy (defined below) does not require any physical, electronic or digital signature.

Your use of the website of the Emojifi Private Limited (“Emojifi”), that is ‘https://gifskey.com/’ or Emojifi’s mobile and desktop applications and extensions (hereinafter collectively referred to as "Website") and any of the application programming interfaces ("API"), services, features, content or applications offered through its Website (hereinafter collectively referred to as “Services”) are governed by this privacy policy ("Privacy Policy"). When you use the Website and/or the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.

For the purpose of this Privacy Policy, wherever the context so require "you" shall mean any natural or legal person who has through their access and use of the Website, accepted this Privacy Policy and the Terms of Use.

It is hereby clarified that these Terms of Use apply to all users of the Services, including users who are also contributors of Content on the Services. “Content” includes the text, software, scripts, graphics, graphics interchange formats (“GIFs”), photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Services.

By visiting this Website, you agree to be bound by the terms and conditions of this Privacy Policy. In the event you are not agreeable with the terms and conditions hereof, you are requested to refrain from the use of this Website.

This Privacy Policy shall, at all times be read and construed in consonance and along with the Terms of Use.

This Privacy Policy is subject to change at any time without notice and Emojifi encourages you to review this Privacy Policy periodically.

This Privacy Policy highlights inter alia the type of data shared/collected from you in the course of your usage of the Website and/or the Services. The Privacy Policy further intends to apprise you of the purposes for which your data is collected and the Website’s policy with regard to sharing such personal information with third party entities.

All defined terms used within this Privacy Policy but not specifically defined herein shall draw their meaning from the definition ascribed to such term under the Terms of Use.

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS HEREUNDER, SO PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.

  1. Collection of Information:
  2. Emojifi may during the course of your usage of the Website and/or Services, collect the following personal and non-personal information and such other information from you ("Information"). The Information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, Emojifi may request, collect and/or display some of your personally identifiable information ("Personal Information"). The following types of Information is collected from you:

    1. User Content:
    2. You are allowed to provide Content to the Website and/or the Services, through some features of the Services. All Content submitted by you to the Website and/or the Services may be retained by Emojifi indefinitely, even if and after your access to the Services is terminated. Emojifi may continue to disclose such content to third parties in a manner that does not reveal Personal Information, as described in this Privacy Policy.

    3. IP Address Information and Other Information Collected Automatically:
    4. Emojifi automatically receives and records information from your web browser when you interact with the Services, including your IP address and cookie information. This information is used for fighting spam/malware and also to facilitate collection of data concerning your interaction with the Website and/or the Services. Such data may include data in relation to what links you have clicked on, etc.

      Generally, the Services automatically collect usage information, such as the number and frequency of visitors to the Website. Emojifi may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data enables Emojifi and third parties authorized by Emojifi to figure out how often individuals use parts of the Services so that Emojifi can analyze and improve them.

    5. Information Collected Using Cookies:
    6. Cookies are pieces of text that may be provided to your computer/device through your web browser when you access a website. Your browser stores cookies in a manner associated with each website you visit. Cookies are designed to be a reliable mechanism for websites to remember stateful information (such as items added in the shopping cart in an online store) or to record the user's browsing activity (including clicking particular buttons, logging in, or recording which pages were visited in the past). Emojifi uses cookies to enable its servers to recognize your web browser and tell us how and when you visit the Website and otherwise use the Services through the Internet.

      Emojifi’s cookies do not, by themselves, contain Personal Information, and Emojifi does not combine the general information collected through cookies with other Personal Information to tell it who you are. As noted, however, Emojifi does use cookies to identify that your web browser has accessed aspects of the Services.

      Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. Emojifi recommends that you leave cookies active, because they enable you to take advantage the most attractive features of the Services.

      This Privacy Policy covers Emojifi’s use of cookies only and does not cover the use of cookies by third parties. Emojifi does not control when or how third parties place cookies on your computer/device. For example, third party websites to which a link points may set cookies on your computer/device.

    7. Information Related to Advertising:
    8. To support and enhance the Website and/or the Services, we may serve advertisements, and also allow third parties advertisements, through the Website (“Ads”). These Ads are sometimes targeted and served to particular users and may come from third party companies, such as ad servers, ad agencies, ad technology vendors and research firms.

      The Ads may be targeted to users who fit a certain general profile category and may be based on anonymized information inferred from information provided to Emojifi by a user, including Personal Information (e.g., gender or age), may be based on the Services usage patterns of particular users, or may be based on your activity on other third party services. We do not provide Personal Information to any ad networks for use outside of the Services.

    9. Aggregate Information:
    10. Emojifi collects statistical information about how users, collectively, use the Services ("Aggregate Information"). Some of this information is derived from Personal Information. This statistical information is not Personal Information and cannot be tied back to you, or your web browser.

  3. Information Emojifi Avoids Collecting
  4. Emojifi recommends you use your device’s standard keyboard whenever entering passwords or other sensitive information. If you enter any of this information into the Emojifi’s content library search input area, Emojifi will receive it and may use it as aggregate information.

    As part of the Services, you may, including by Publishing your Content or creating published collections of the Content, display your account profile to other users and to the public. Emojifi encourages you to use your good judgment about what you place in your account profile and not to post any private or sensitive information.

  5. Contents Posted on the Website
  6. You may contribute Content (including but not limited to GIFs) to the Services through the Website. You can login to our account, upload content , add tags and press upload. Then your content will become part of the Emojifi’s content library. Emojifi may provide “private/personal” option, using which you can request your content not to be shared with other users. Unless specified otherwise, all your uploaded content will be "Published" for use by other users of the Website. When your Content is Published, it will be available to other users of the Website and/or the Services, your username and other account profile information may be displayed alongside the Content, and Emojifi users will be able to search for other Content you have uploaded based on your username.

    [The Content is not encrypted or hosted on a private URL, which means it is possible for others to figure out how to access your Content, even if Personal. Do not store any Content on the Website and/or the Services, that you do not wish others to be able to access or which you do not wish others to be able to associate with you.]1

  7. Purpose and use of information
  8. Emojifi does not sell, rent or otherwise share your personally identifiable information with any third parties except in the following limited circumstances:

    1. If you upload your Content to Emojifi’s systems to be Published or otherwise shared with another user of our Services or if you are creating published collections of the Content, your account name and profile will be associated with the Content you upload, will be visible to anyone who views the Content you have uploaded, and may be visible to the public. In addition to any information you may elect to place in your account profile, your account profile will also include certain information regarding your use of the Services, including but not limited to the Content collections you have Published, number of other users you follow, and the number of users who follow you.
    2. Emojifi shares Aggregate Information with its partners, service providers and other persons with whom it conducts business. Emojifi shares this type of statistical data so that its partners can understand how and how often people use the Services and their services or websites, which facilitates improving both their services and how the Services interface with them. In addition, these third parties may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.
    3. Emojifi needs to share your Information with our service providers or our affiliated companies in order to provide and distribute the Services and their functions, the Website, its other services, and related services and support; to complete billing and payment for them; or to collect information and communicate with you as described above.
    4. Emojifi determines that it needs to comply with any law, regulation or order, such as a subpoena, court order or search warrant, or to apply or enforce its terms of service or other agreements or protect the rights, property and personal safety of its users, visitors, company, or others.
    5. Emojifi does so in connection with the transfer, sale, merger or reorganization of all or any relevant portion of its business or assets to or with any third party.
    6. Emojifi has your explicit permission or opt-in to share your information.
  9. Third party website links
  10. In addition to as set out in this Privacy Policy, it is hereby reiterated that the Website may contain links that will redirect you to third party websites that may have access to your Personal Information to which this Privacy Policy shall not be applicable. Thereby, you agree and acknowledge that accessing third party websites through links provided in the Website will solely be at your own discretion. Additionally, Emojifi shall under no circumstance be held liable for the breach of privacy by such third party website nor shall it be liable for any objectionable content that may be displayed on such third party website. The Website may contain links to other websites, however, you agree and acknowledge that Emojifi shall not be responsible for the privacy practices of other third party websites which it does not own, manage or control.

  11. Protection of Information
  12. Emojifi understands and acknowledges the importance of security and protection of the Information provided by and/or collected from you. Pursuant to the same, Emojifi shall make the best efforts to ensure protection of Information by use of such security measures and programs that it may deem fit for the purpose. The Website shall employ best efforts to protect the Information against any unauthorized, illegal and fraudulent use of such Information by third parties.

    Notwithstanding anything to the contrary, Emojifi shall not be held responsible for any loss, damage or misuse of the Information caused to you, if such loss, damage or misuse is attributable to an event beyond the control of or is not attributable to Emojifi or a force majeure event.

    Emojifi shall ensure that the Website shall adopt appropriate encryption and security measures to prevent any hacking of your Information and third parties and shall ensure that you shall not be required or asked to disclose any Information, which may be prejudicial to your interests.

    The Website shall use the Information collected from you in accordance with applicable laws including but not limited to the IT Act and the rules made thereunder and use the data only for the purpose for which it was furnished.

    Emojifi shall endeavour to safeguard the confidentiality of your Personal Information, however, the transmissions made by means of the Internet cannot be made absolutely secure by the Website. You agree and acknowledge that the Website shall not be liable for disclosure of any Information due to errors in transmission or any unauthorized acts of third parties.

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    You agree and acknowledge that Emojifi shall be entitled to share the Information with third party entities for such purposes as it may deem fit, however, such sharing of Information shall be subject to such third parties being bound by appropriate data protection provisions.

  13. Withdrawal of Information
  14. All Information provided and/or collected by the Website may be withdrawn at any time during or pursuant to usage of the Website by you.

    Users desirous of withdrawing the Information shall send an email to the grievance officer and request for such withdrawal.

  15. Grievance Redressal
  16. You may, report violation of breach of privacy, Information or identify theft or grievances in relation to the Information shared, collected, stored or disseminated in accordance with this Privacy Policy, by writing an email to the grievance officer at support@gifskey.com.

  17. Amendments
  18. Emojifi reserves the right to change or update this Privacy Policy at any time. Any such changes or updation of the Privacy Policy shall be immediately effective upon posting to the Website.

  19. Applicable Law
  20. This Privacy Policy shall be governed by and interpreted and construed in accordance with the laws of India. The courts in Bengaluru shall have exclusive jurisdiction in respect of any matters arising herefrom.

  21. Dispute Resolution
  22. In the event any dispute arises out of or in connection with this Privacy Policy herein, including the validity hereof, the parties hereto shall endeavour to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.

    In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by Emojifi. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in Bengaluru. The language of arbitration shall be English.

  23. General Provisions
  24. Notice: All notices to be issued pursuant to this Privacy Policy shall be served to you by email or by general notification on the Website. Any notice to be sent to Emojifi pursuant to this Privacy Policy shall be sent to Emojifi’s grievance officer by e-mail to support@gifskey.com

    Assignment: This Privacy Policy shall not be assigned or otherwise transferred by you. However Emojifi’s obligations under this Privacy Policy are freely assignable or otherwise transferable by Emojifi to any third parties without the requirement of seeking your prior consent.

    Severability: If any provision of this Privacy Policy is void, or is so declared, such provision shall be severed. The Privacy Policy shall otherwise remain in full force and effect.

    Waiver: Any failure or delay by a party to enforce or exercise any provision of this Privacy Policy, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under this Privacy Policy or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

    Relationship and Exclusivity. Nothing in this Privacy Policy shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.

    Force Majeure: If performance of any Service under this Privacy Policy by Emojifi is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Emojifi and could not have been prevented by reasonable precautions then Emojifi shall in toto be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by Emojifi of its obligations herein.

    Last Updated -May 14, 2018