1.1 This website www.fthecouch.com (“Website”) and the mobile application (“App”) are owned and operated by FTC TALENT MEDIA & ENTERTAINMENT PRIVATE LIMITED (“Company”).
1.3 All capitalized terms and terms used in the User Agreement which are also used herein below shall be ascribed the same meaning as set out in the User Agreement, unless repugnant to the context herein or otherwise have been specifically defined herein.
- MEANING OF PERSONAL INFORMATION
3.1 Personal information shall 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 with the Website/App, is capable of identifying such person or when combined with other information can be used to identify such person. This includes your name, address, mobile or contact numbers, date of birth, gender, email address, location (by geo tracking devices), as well as the username and password created by you for use of the Website/App other relevant data desired by us etc.
- USER INFORMATION
4.1 The Company may collect several types of information about its Users. Some of this information may be given voluntarily by the User while availing certain services offered on the Website/App; while some information may be collected automatically when the user is surfing the Website/App.
4.2 Information provided voluntarily –
It may be noted that the Company may require you to voluntarily provide information about yourself in the following events:
(a) When you register yourself with the Website/App
(b) When you fill out a form/ application to avail any of the services provided by the Company on the Website/ App
(c) When you communicate with the Company or make a request on the Website/App; via e-mail, phone or SMS.
(d) When you participate in blogs, chats, forums or write testimonials on the Website/App.
4.3 In any of the aforesaid events, you may be required to provide the following information:
(a) Your name.
(b) Contact details including postal address, pin code, email address, phone number, residency status.
(c) Identity proofs (e.g. driving license, passport, PAN card, birth certificate, etc.).
(d) Personal details such as age, sexual orientation, marital status, occupation, interests and hobbies etc.
(e) Details of your talent, skill, hobbies.
(f) Work experience.
(l) Eye colour.
(o) Hair length.
(p) Hair type.
(q) Hair colour.
(r) Skin colour.
4.4 You may note that it is possible that we may collect personal information about you from sources other than yourself, such as forums, blogs, instant messaging, referral program, other users of our services and our business partners. However, any such information shall not be considered to be sensitive, if it is freely available in the public domain, or under the (Indian) Right to Information Act, 2005 or under any other applicable law for the time being in force.
4.5 Information retrieved/collected automatically
The Company may collect a variety of technical, navigational and other non-personal information about you such as your IP address, operating systems and software, types of devices used, types of browsers, usage patterns, geo-location of a browser, address of your server from where the Website/App is being accessed, URLs visited prior to the use of the Website/App or URLs visited after use or access to the Website/App etc. when you visit the Website/App, through the following:
(b) Beacons/Bugs: A beacon is a picture file used to keep track of your navigation through a single website or a series of websites. The Company may use such web beacons to study and analyse the usage of the Website/App.
(c) Usage Details: The Website/App may also collect details regarding your visits to and navigation through the Website/App such as your location data, IP address, operating system, browser type, geo-locations other resources that you access etc.
- ELIGIBILITY, USE AND INFORMATION
5.1 You are eligible to register and avail the services provided on the Website/App only if you are an Eligible Person.
5.2 In case the services offered by the Website and App are for and on behalf of a minor or a child artist or a person who is not an Eligible Person, the Website and App must be accessed by only the parents/ legal guardians who have to be competent to contract and act on behalf of such minor or child artist or person who is not an Eligible Person. Such parents/ legal guardians will be responsible adhering to this User Agreement and for the actions of the minor, child artist or a person not being an Eligible Person, on whose behalf he/she accesses the Website/App without any liability whatsoever on the Company.
- CONSENT GIVEN BY USER
You herby expressly grant your written consent to the Company through the Website/App to collect, possess, receive, upload, store, deal with, handle and/or use, share, disclose and transfer the personal information and/or sensitive personal data to such persons and such
- PURPOSES FOR COLLECTION AND USAGE OF INFORMATION
7.1 Personal and non-personal information collected by us, will be used by the Company in handling general enquiries concerning its services, in providing better user interface, making your visit to the Website/App more user-friendly and without limiting the foregoing, for the following purposes:
(a) Registering of your account with the Website/App.
(b) Enabling the access of the Website/App and use of the services available to Users.
(c) Addressing questions, doubts, queries raised, clarifications and information sought and for addressing technical issues which arise in the Website/ App.
(d) Designing or identifying services, data, information or related products for users.
(e) Marketing (including direct marketing) of products/services, send information, materials and offers from the Company.
(f) Meeting the requirements to make disclosure under any law binding on the Website/App, the Company, its directors, associates or employees, under and for the purposes of complying with any directions or guidelines issued by regulatory or other authorities with which the Website/App or the Company or any associated entity is expected to comply.
(g) In connection with any exchange of information and verification and authentication of the information that may be provided by the User, to evaluate the eligibility of the User or minor (as the case may be) for certain types of offers, products and services that may be of interest to you and analyse advertising effectiveness.
(h) In connection with any system or facility for payment by electronic means or via other communication media in which the Website/App participates.
(i) To send you alerts, notices, letters, newsletters, offers, response to request and other customer support queries and/or any other communication which may be relevant and vital to the usage of the Website/App by you.
(j) To enable the Company as well as third parties to provide itself or procure from third parties customised information, services, offers and advertisements etc.
(k) To third party contractors that provide services to the Website/App.
(l) To internally analyse the performance of the Website/ App, Company’s internal technical systems and data.
(m) To gather demographic data to research, analyse and understand trends and behavioural patterns, to measure and understand the effectiveness of any of the aspects of the services of the Website/App, to trouble any problems, track your movement, gather broad demographic information for aggregate use and to comply with the applicable law.
(n) To alert you about potential software compatibility issues and/or for improvement of the Website/App.
(o) To monitor and administer daily operations and functions of the Website/App.
(p) To enforce the “User Agreement” of this Website/App.
(q) For all other purposes as may be disclosed when you provide personally identifiable information/sensitive personal data.
(r) All other incidental and associated purposes relating to the above and any other purpose which a User may from time to time agree.
- DISCLOSURE OF PERSONAL INFORMATION
8.1The Company may disclose/ transfer (whether within or outside India) and/or exchange your personal information including your personal data to and/ or with all such persons and/or entities, as may be required for the aforesaid lawful purposes, including but not limited to:
(a) Any of its directors, shareholders, associates or employees, or any of its affiliates.
(b) Any agent, contractor or third party service provider who provides administrative, advertising and marketing agencies, telecommunications, computer, financial intermediary, payment or securities clearing or other services to the Company in connection with the Website/App or the operation of the Company’s business and services through the Website/App.
(c) Any other person under a duty of confidentiality, including any member which has undertaken to keep such information confidential.
(d) Any actual or proposed assignee of the Company or participant or sub-participant or transferee of the Company’s rights in respect of the information of the User.
(e) To any third party such as Talent Placement Agencies when you choose to avail certain services/ facilities offered on the Website/App. In such an event, the Company does not take any responsibility for any misuse or unwarranted disclosure of such information that may be made by such third party.
(f) Any person to whom the Company is under an obligation to make disclosure under and for the purposes of any guidelines issued by regulatory or other authorities.
(g) As may be required by law or court order or administrative/ government agency or in a situation of national emergency or when the Company believes that an information disclosure is required to protect the Company’s rights or those of the Company’s/ Website’s/App’s Users or any other aspect of the Website/App and to comply with the legal process without any restrictions.
(h) In any event where the Company has reason to believe that you are in violation of any applicable law, rule or regulation, or interfering with the rights of any other person.
(i) To any potential investor or purchaser of any interest in the Company or Website/App or any associated entity or in its business in connection with any potential re-organisation, merger or disposal.
(j) Any lawyer or other professionals for the preparation of any document or professional advice regarding the above.
8.3 Notwithstanding anything contained elsewhere, any personal information including sensitive data may be disclosed by the Company to any third party by an order/ direction under the law for the time being in force, without any consent or other obligation. For instance, personal information may be released to an officer making the request if he provides a warrant or a court order requiring such disclosure.
8.4 Where a government agency makes a request to obtain information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences, the Company may share the personal information without obtaining any prior consent of the User. The Company will be utilising the services of third party service providers such as technical service providers to create and support the Website/ App, third party advertising company etc. The Company may publish or share your non-personal information in order to promote the Website/App with the Company’s affiliates, various third parties and Company’s service providers without your consent. You are informed that the Company’s third party service providers may utilise information relating to your usage of the Website/ App in order to provide customised services, offers and advertisements to you.
- VERIFICATION OF INFORMATION
In the event that you choose to avail any service or facility that may be offered through the Website/App or put in a request or query with respect to the same, you shall have to register yourself with us and/ or provide personal information about yourself. You may note that the Company may (through our agents/ service providers) contact you either through e-mail, fax, telephone or personal visits for verification/ confirmation of the same.
- OPTION TO WITHHOLD / WITHDRAW
Prior to collection of the personal information (including sensitive personal data), the Website/App may give you an option to withhold the data/ information sought. Further, you may withdraw the consent given to the Company on the Website/App, by communicating in writing. However, such withholding of information or withdrawal of consent may result in the Company being unable to provide services and facilities and the Company reserves its right to take appropriate action with respect to any obligations or in relation to any contract under which such personal information was sought. It being clarified that such withdrawal of consent shall not affect the permission granted prior to such withdrawal and hence the Company shall not be liable for sharing personal information (as stated herein) in any manner whatsoever.
- ACCURACY OF AND ACCESS TO PERSONAL INFORMATION
11.1 The Company will not be responsible for the accuracy or authenticity of the personal information or sensitive personal data that is provided by you. It is the responsibility of the User to notify the Company through the Website/App of any changes to their personal information. To attain this end, the User may request the Website/App for reasonable access to, and correction of, their personal information collected by the Website/App by emailing their request/clarification at firstname.lastname@example.org. The Company makes good efforts to provide its users with reasonable access to their respective personal information and shall ensure that any personal information found to be inaccurate and brought to the notice of the Company by the User is rectified or amended as feasible. The Company may however before processing such requests, ask the User to identify themselves and the information /data requested to be modified by them in order to avoid repetitive and/or illegitimate requests. The Company shall not be responsible for any delay in updating such information.
11.2 In the event a User requests the Company to delete his/her personal information and/or his account, the Company shall ensure that such personal information/ user account is deleted within 36 (thirty-six) hours of receiving such a request. The Company may however before processing such requests, ask the User to identify themselves and the information /data requested to be deleted by them in order to avoid any illegitimate/bogus requests. Once the personal information/ user account is deleted, all data in respect thereof shall cease to be accessible to the User, and the Company may thereafter send an email to such User apprising him/her of such deletion. The User may contact the Company by emailing their request on email@example.com
11.3 It is clarified that, after the deletion of the personal information/ User account, the Company shall maintain records of the same for a period of 90 (ninety) days thereafter in a separate restricted and confidential back up after which the same shall be deleted therefrom. It is clarified that even though the Company may maintain records of deleted data for 90 (ninety) days, once the personal information/ user account of a particular User has been deleted upon his/her request, the same shall not be retrievable by the User in any manner whatsoever and at any time thereafter.
11.4 The Company may, however, withhold or may not be able to provide information to you for valid reasons including if it:
(a) contains references to another User(s).
(b) is subject to legal/ contractual privilege or cannot be disclosed for other legal reasons.
(c) contains confidential commercial/ business information of the Company or other users of the Website/App.
(d) is not maintained by the Company.
(e) was created in the course of a dispute resolution process.
(f) could threaten the life or security of another individual/ entity.
(g) was disclosed under a court order or was disclosed to a government institution as part of an investigation.
- LINKS TO THIRD PARTY WEBSITES
- FORUMS AND SHARING INFORMATION WITH OTHER SERVICES
13.2 The testimonials that you may write shall be published on the Website/App, without your consent.
The uploading, dealing, handling and/ or using of any personal information for any lawful purpose by the Website/App, including for the purposes and in the manner outlined above shall not constitute ‘publication’ in any manner.
- REASONABLE SECURITY PRACTICES & PROCEDURES
15.1 The Company takes appropriate security measures to protect against unauthorized use, access, alteration and destruction of data; however, we do not guarantee that the information provided by you to the Website/App shall not be intercepted while being transferred over the internet. Access to all Users is password protected and the Website/App has SSL certification. The Website/App is also in compliance with International ISO Standard IS/ISO/IEC 27001.
15.2 You are responsible for maintaining the confidentiality of your login ID and password and shall not reveal the same to any third party. In the event you believe that your user information has been stolen or compromised, you must contact us immediately on firstname.lastname@example.org. We shall endeavour to block your account or provide restricted access upon being informed of such an event in order to protect your identity and information. However, we shall not be responsible for any unauthorized use/access to your account or disclosure of any personal information by virtue of such an event.
- OPERATION OF THIS WEBSITE/APP
This Website/App may be operated from India as well as outside India. In the event you are located in any place other than in India, you shall ensure that you comply with the applicable laws in India as well as the local laws or regulations of the territory from which you access the Website/App or the facilities and services provided by the Website/App.
Address: 110, Dr. E. Moses Road, Next to 4 Seasons Hotel, Jijamata Nagar, Mumbai, Maharashtra, 400 018. India
- CONTACT US
For general queries and communication, you may also contact us at the same address mentioned in Clause 18 above.