Privacy Policy - Lokaso, your photo friend

Privacy Notice

Lokaso Inc. (“Lokaso”) recognizes that its customers, visitors and users, want to know what’s up with privacy. Lokaso provides this Privacy Policy to help you make an informed decision about whether to use or continue using the Lokaso Site, Lokaso Software and/or the Lokaso Service. If you do not agree to our practices, please do not use the Lokaso Site, Lokaso Software,or Lokaso Service.

This Privacy Policy is incorporated into and is subject to the Lokaso Terms of Service. Your use of the Lokaso Site, Lokaso Software and the Lokaso Service and any personal information you provide on the Lokaso Site or Lokaso Service remains subject to the terms of this Privacy Policy and our Terms of Service.

Please note that any Status Submissions or other content posted at the direction or discretion of users of the Lokaso Service becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy is part of Lokaso’s Terms of Service and covers the treatment of user information, including personally identifying information, obtained by Lokaso, including information obtained when you access the Lokaso’s Site, use the Lokaso Service or any other software provided by Lokaso.

This Privacy Policy does not apply to the practices of companies that Lokaso does not own or control, or to individuals whom Lokaso does not employ or manage, including any of the third parties to which Lokaso may disclose user information as set forth in this Privacy Policy.

The Information Lokaso Collects

Lokaso may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”):

User Provided Information: You provide certain Personally Identifiable Information, such as your mobile phone number, push notification name (if applicable), billing information (if applicable) and mobile device information to Lokaso when choosing to participate in various uses of the Lokaso Service, such as registering as a user, updating your status or requesting status for your contacts. In order to provide the Lokaso Service, Lokaso will periodically access your address book or contact list on your mobile phone to locate the mobile phone numbers of other Lokaso users (“in-network” numbers), or otherwise categorize other mobile phone numbers as “out-network” numbers, which are stored as one-way irreversibly hashed values.

Cookies Information: When you visit the Lokaso Site, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. Lokaso uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Lokaso Site may not function properly if the ability to accept cookies is disabled.

Log File Information: When you use the Lokaso Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the Lokaso Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.

The Information Lokaso Does Not Collect

Lokaso does not collect names, emails, addresses or other contact information from its users’ mobile address book or contact lists other than mobile phone numbers—the Lokaso mobile application will associate whatever name the Lokaso user has assigned to the mobile telephone number in his/her mobile address book or contact list — and this occurs dynamically on the mobile device itself and not on Lokaso’s servers and is not transmitted to Lokaso. This means that if you have your friend’s mobile phone number associated with the name “Shakespeare” in your mobile address book, that’s the name that will appear for that mobile phone number in your Lokaso contact list. We do not collect location data, but users may voluntarily share their location with other users via the Lokaso Service.

The contents of messages that have been delivered by the Lokaso Service are not copied, kept or archived by Lokaso in the normal course of business. The Lokaso Service is meant to be a SMS replacement, using data service through a user’s phone (either via cell network or wifi). Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be a Lokaso user), if that recipient is online. If the recipient is not online, the undelivered message is held in Lokaso’s server until it can be delivered. If the message is undelivered for thirty (30) days, the undelivered message is deleted from our servers. Once a message has been delivered, it no longer resides on our servers. The contents of any delivered messages are not kept or retained by Lokaso — the only records of the content of any delivered messages reside directly on the sender’s and recipient’s mobile devices (and which may be deleted at the user’s option). Notwithstanding the above, Lokaso may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which Lokaso is legally compelled to collect. Files that are sent through the Lokaso Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.

The Way Lokaso Uses Information

If you submit Personally Identifiable Information to us through the Lokaso Site, or Lokaso Service, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Lokaso Site and Lokaso Service. In particular, your mobile phone number is essential to your use of the Lokaso Service and will be retained. Any billing information that may be collected from you will be deleted thirty (30) days after the termination of your account with Lokaso. Any Personally Identifiable Information or status content that you voluntarily disclose on the Lokaso Service becomes publicly available and may be collected and used by other users of the Lokaso Service (unless such user is blocked by you). Your name (as it is saved in other user’s mobile phone address book or contact list) may be displayed to other users when you update your status messages through the Lokaso Service and other users may contact you through the Lokaso Service. We do not use your mobile phone number or other Personally Identifiable Information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your mobile phone number (or email address, if provided) without further consent for non-marketing or administrative purposes (such as notifying you of major Lokaso Site or Lokaso Service changes or for customer service purposes). We may use both your Personally Identifiable Information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Lokaso Site and Lokaso Service and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. Hopefully we improve the Lokaso Site and Service and don’t make it suck worse. We may use cookies and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use the Lokaso Service or Lokaso Site; (b) provide custom, personalized content and information; (c) monitor individual and aggregate metrics such as total number of visitors, pages viewed, etc.; and (d) track your entries, submissions, views and such.

PROHIBITED ACTIVITIES

The content and information on this Software or Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

(i) use this Application or its contents for any commercial purpose;
(ii) access, monitor or copy any content or information of this Application using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iii) violate the restrictions in any robot exclusion headers on this Application or bypass or circumvent other measures employed to prevent or limit access to this Website;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(v) deep-link to any portion of this Website for any purpose without our express written permission;
(vi) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization; or
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Lokaso in connection with the Application/Website or the services.

When Lokaso Discloses Information

Other users of the Lokaso Service may see your Status Submissions in a way that is consistent with the use of the Lokaso Service. In other words: If another user has your mobile phone number stored in their mobile phone address book or contact list, they will be able see your status information unless you have chosen to block such user.

We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the Lokaso Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Lokaso Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as Indian Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. Lokaso also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Lokaso believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Lokaso Site or our servers, and to protect the rights, property, or personal safety of Lokaso, our users or others.

How we protect your information

We want you to feel confident about using Lokaso, and we are committed to protecting the information we collect. While no website can guarantee security, we have implemented and maintain appropriate physical, administrative, technical, and organisational measures to protect the personal information you provide us against unauthorized or unlawful access, use of disclosure, and against accidental loss, damage, alteration or destruction. For example, only authorized employees are permitted to access personal information, and they only may do so for permitted business functions. In addition, we use encryption when transmitting your personal information between your system and ours, and between our system and those of the parties with whom we share sensitive information, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information.

Your Choices

You may, of course, decline to submit Personally Identifiable Information through the Lokaso Site or the Lokaso Service, in which case Lokaso may not be able to provide certain services to you. If you do not agree with our Privacy Policy or Terms of Service, please delete your account, uninstall the Lokaso mobile application and discontinue use of the Lokaso Service; your continued usage of the Lokaso Service will signify your assent to and acceptance of our Privacy Policy and Terms of Service. To protect your privacy and security, we take reasonable steps (such as SMS or Email authentication in certain cases) to verify your identity before registering your email or mobile phone number and granting you access to the Lokaso Service. Please contact Lokaso via email to support at Lokaso.in or available web forms with any questions or comments about this Privacy Policy, your personal information, your consent, or your opt-in or opt-out choices.

Our Commitment To Data Security

Lokaso uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Lokaso and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the Lokaso Service is never recommended. Once we receive your transmission of information, Lokaso makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Lokaso learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Lokaso may post a notice on the Lokaso Site or through the Lokaso Service if a security breach occurs.

Our Commitment To Childrens’ Privacy

Protecting the privacy of young children is especially important. For that reason, Lokaso does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the Lokaso Site or Lokaso Service from persons under 16 years of age, and no part of the Lokaso Service is directed to or intended to be used by persons under 16. If you are under 16 years of age, then please do not use the Lokaso Service or access the Lokaso Site at any time or in any manner. If Lokaso learns that Personally Identifiable Information of persons under 16 years of age has been collected on the Lokaso Site or Lokaso Service, then Lokaso may deactivate the account and/or make the status submissions inaccessible. And always, think of the children!

Special Note to International Users

The Lokaso Site and Service are hosted in the India and are intended for and directed to users in India. If you are a user accessing the Lokaso Site and Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from Indian laws, please be advised that through your continued use of the Lokaso Site and Service, which are governed by Indian law, this Privacy Policy, and our Terms of Service, you are transferring your personal information to India and you expressly consent to that transfer and consent to be governed by Indian law for these purposes.

In the Event of Merger, Sale, or Bankruptcy

In the event that Lokaso is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.

Changes and updates to this Privacy Notice

This Privacy Policy may be revised periodically and this will be reflected by the “effective date” below. Please revisit this page to stay aware of any changes. Your continued use of the Lokaso Site and Lokaso Service constitutes your agreement to this Privacy Policy and any amendments.

Date Last Modified:

This Privacy Notice was last modified March 15th, 2016

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities (“Statement,” “Terms,” or “SRR”) derives from the Lokaso Principles, and is our terms of service that governs our relationship with users and others who interact with Lokaso, as well as Lokaso brands, products and services, which we call the “Lokaso Services” or “Services”. By using or accessing the Lokaso Services, you agree to this Statement, as updated from time to time in accordance with Section 13 below. Additionally, you will find resources at the end of this document that help you understand how Lokaso works.

Because Lokaso provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.

PrivacyYour privacy is very important to us. We designed our Data Policy to make important disclosures about how you can use Lokaso to share with others and how we collect and can use your content and information. We encourage you to read the Data Policy, and to use it to help you make informed decisions.
Sharing Your Content and Information

You own all of the content and information you post on Lokaso, and you can control how it is shared through your privacy and application settings. In addition:

1. For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Lokaso (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
2. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Policy and Platform Page.)
4. When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Lokaso, to access and use that information, and to associate it with you (i.e., your name and profile picture).
5. We always appreciate your feedback or other suggestions about Lokaso, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

SafetyWe do our best to keep Lokaso safe, but we cannot guarantee it. We need your help to keep Lokaso safe, which includes the following commitments by you:
1. You will not post unauthorized commercial communications (such as spam) on Lokaso.
2. You will not collect users’ content or information, or otherwise access Lokaso, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Lokaso.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
9. You will not use Lokaso to do anything unlawful, misleading, malicious, or discriminatory.
10. You will not do anything that could disable, overburden, or impair the proper working or appearance of Lokaso, such as a denial of service attack or interference with page rendering or other Lokaso functionality.
11. You will not facilitate or encourage any violations of this Statement or our policies.
Registration and Account Security

Lokaso users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

1. You will not provide any false personal information on Lokaso, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal account.
3. If we disable your account, you will not create another one without our permission.
4. You will not use your personal timeline primarily for your own commercial gain, and will use a Lokaso Page for such purposes.
5. You will not use Lokaso if you are under the age of 18.
6. You will not use Lokaso if you are a convicted sex offender.
7. You will keep your contact information accurate and up-to-date.
8. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
9. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
10. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).

Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same.

1. You will not post content or take any action on Lokaso that infringes or violates someone else’s rights or otherwise violates the law.
2. We can remove any content or information you post on Lokaso if we believe that it violates this Statement or our policies.
3. We provide you with tools to help you protect your intellectual property rights.
4. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
5. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
6. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
7. If you collect information from users, you will: obtain their consent, make it clear you (and not Lokaso) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
8. You will not post anyone’s identification documents or sensitive financial information on Lokaso.
9. You will not tag users or send email invitations to non-users without their consent. Lokaso offers social reporting tools to enable users to provide feedback about tagging.

Mobile and Other Devices
1. We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
2. In the event you change or deactivate your mobile telephone number, you will update your account information on Lokaso within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
3. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Lokaso.
PaymentsIf you make a payment on Lokaso, you agree to our Payments Terms unless it is stated that other terms apply.
About Advertisements and Other Commercial Content Served or Enhanced by Lokaso

Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:

1. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
2. We do not give your content or information to advertisers without your consent.
3. You understand that we may not always identify paid services and communications as such.
Special Provisions Applicable to Advertisers

If you use our self-service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the “Self-Serve Ad Interfaces”), you agree to our Self-Serve Ad Terms. In addition, your advertising or other commercial or sponsored activity or content placed on Lokaso or our publisher network will comply with our Advertising Policies.

Special Provisions Applicable to Software
1. If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
Amendments
1. We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
2. If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
3. Your continued use of the Lokaso Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
TerminationIf you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Lokaso to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.3, and 12-15.
Definitions
By “Lokaso” or ” Lokaso Services” we mean the features and services we make available, including through (a) our website at www.Lokaso.in and any other Lokaso branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform and (c) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Lokaso reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Lokaso or provide data to us.
By “information” we mean facts and other information about you, including actions taken by users and non-users who interact with Lokaso.
By “content” we mean anything you or other users post, provide or share using Lokaso Services.
By “data” or “user data” or “user’s data” we mean any data, including a user’s content or information that you or third parties can retrieve from Lokaso or provide to Lokaso through Platform.
By “post” we mean post on Lokaso or otherwise make available by using Lokaso.
By “use” we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
By “application” we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
By “Trademarks” we mean the list of trademarks provided here.

Other
If you are a resident of or have your principal place of business in India, this Statement is an agreement between you and Lokaso, Otherwise, this Statement is an agreement between you and Lokaso. References to “us,” “we,” and “our” mean either Lokaso, as appropriate.
This Statement makes up the entire agreement between the parties regarding Lokaso, and supersedes any prior agreements.
If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any of this Statement, it will not be considered a waiver.
Any amendment to or waiver of this Statement must be made in writing and signed by us.
You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
Nothing in this Statement shall prevent us from complying with the law.
This Statement does not confer any third party beneficiary rights.
We reserve all rights not expressly granted to you.
You will comply with all applicable laws when using or accessing Lokaso.
Disputes
You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Lokaso exclusively in the Goa District Courts, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The Indian laws will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
If anyone brings a claim against us related to your actions, content or information on Lokaso, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Lokaso and are not responsible for the content or information users transmit or share on Lokaso. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Lokaso. We are not responsible for the conduct, whether online or offline, of any user of Lokaso.