A. This Privacy Policy applies to the current and former visitors to the Platform or Website. By visiting, registering, subscribing to and/or using our Services, (i) you are expressly consenting to our collection, processing, storing, disclosing and handling of your information as set forth in this Privacy Policy, as amended by us from time to time; and (ii) you are accepting the processes and methods utilized as described in this Privacy Policy.

B. Unless otherwise specifically defined in this Privacy Policy, the terms defined in the Terms of Use shall apply to this Privacy Policy. Terms not defined in the Privacy Policy or the Terms of Use shall be deemed defined as per the applicable Agreements in place or as per applicable law, as the case may be.

C. This Privacy Policy applies to our Platform and Website as well as for the use of any of our products, services, content, features, technologies, or functions offered on our Website and all related sites, services and applications (if any) (collectively referred to as “Services”), whether such Services are currently provided or will be provided to our Subscribers/ Users in the future.

D. The Policy shall apply with respect to the collection and processing of any Personal Information (defined below) by us. We are not obligated to render the same level of protection when considering Non-Personal Information, anonymized information or other information provided by you.

E. Changes may be made to this Privacy Policy from time to time with prior notification. To make sure that you are aware of any changes, kindly review the Privacy Policy updates periodically.

F. This Privacy Policy does not apply to any third-party applications, software or services that may be used or integrated along with our Platform or Website, any services not provided by us on the Marketplace or any Non-Deskfactor applications made available to you. Such third-party applications, software or services would be governed by their own policies in this regard. Matters concerning licensing, delivery, payments, customizations, maintenance and support offered, if any, along with other such expressed terms covered in the respective third-party agreements, including but not limited to, any license/ service/ partnerships or alliance agreements (“Agreements”) entered into with us shall be read together and construed, to the fullest extent possible, to be in concert with the Terms of Use, the Privacy Policy and any policies/guidelines applicable at that time.

G. The terms of this Policy do not apply with respect to any Personal Information, including but not limited to, any information, media, files, images, documents, reports, statement, or content you or your User submits, hosts, posts, uploads or displays on or through the Platform (“User Content”) to which the Company will not have any visibility or access to. This Policy shall apply to only the Personal Information shared with us by you while registering/subscribing for and/or accessing and using our Services (“Subscriber Data”). User Content shall be governed by the term of the privacy policy between the Subscribers and their Users. Under this Privacy Policy we play the role of data controller and processor as identified under General Data Protection Regulation (Regulation (EU) 2016/679) (European Union), Protección de Datos de Carácter Personal del 13 de diciembre de 2013 (Dominican Republic), Law on the Protection of Persons Regarding the Processing of their Personal Data No. 8968 of 2011(Costa Rica), Data Protection Act 2011 (Trinidad and Tobago), Data Protection (Privacy of Personal Information) Act 2003 (Bahamas), Data Protection Act 2011 (Saint Lucia), Law No. 1581 of 2012 (Colombia), Personal Data Protection Law N° 29733 (Peru) and Law No. 18.331 on the Protection of Personal Data and the Habeas Data Action 2008 (Uruguay); a data user as identified under the Data Protection Act 2013 (Antigua and Barbuda) and The Personal Data Protection Law 25.326 (Argentina); a business or service provider as identified under California Consumer Privacy Act 2018, subject to meeting certain requirements under CCPA (California); a controller or processor as identified under Lei GeralProtecao de Dados Pessoais 2018 (Brazil), Federal Law for the Protection of Personal Data Held by Private Parties 2010 (Mexico) and Ley De Protección De DatosPersonales 2012 (Nicaragua); an organization of service provider as identified under Personal Information Protection and Electronic Documents Act 2000 (Canada) or an organization or data intermediary as defined under Personal Data Protection Act 2012 (Singapore) (the title of such roles many vary in nomenclature in accordance with the titles given under the applicable data protection laws under which we may be governed by) ; India, Asia Pacific, and other countries as applicable and appropriate, of the Personal Information provided to us by you alone.We will play the role of either a data collector or processor or such other similar/equivalent roles as identified under the applicable laws as stated above. Our role as a collector and/or processor is limited to only Personal Information relating to (i) natural persons; or (ii) a consumer/household as identified under CCPA.

H. The applicability of certain rights available to you involving the understanding of and choice available over the collection, processing, disclosure and/or storage of Personal Information may vary depending on the country from which you avail our Services. The same shall be stated more specifically below in Clause VI.

a) Your Account Information. You must provide your phone number and basic information including your Business name to create an account in BlueSecures. If you don’t provide us with this information, you will not be able to create an account to use our Services.

b) Contact upload You may choose to import your address book contacts or enter your contacts’ information manually to access certain features of BlueSecures. We care about your privacy and we don’t share your contact list with any other Companies for their own use, even when they provide us with services. When you use contact upload and grant access to your device address book then BlueSecures will access and upload the phone numbers in your address. You can create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information. You give your groups a name. You can provide a group profile picture or description. User name and business name are encrypted.

Subscriber can control the contact upload feature from the device-based settings. User can add contacts subject to the rights. Subscriber can also delete the contact where the user loose access to the business account.

(i) We restrict access to Personal Information to our contractors hired for investigating any fraud, suspected illegal activities, of breach of this Policy by the you or the user on a strictly need-to-know basis and ensure that such persons/ entities are subject to contractual confidentiality and privacy obligations as applicable to them.;

(ii) We review our collection, storage and processing practices from time to time to guard against unauthorized access, processing or use;

(iii) Please note, however, the Transmission of information or Personal Information via the internet is not completely secure. While we make our best efforts to protect, save and secureany of your information or User Content that you use, generate, upload, display, secure, store, access, transmit (“Transmission”), we cannot guarantee the safety and security over the Transmission of your information or User Content on or via our Platform or Website; and any such Transmissionis at your own risk.

(i) Sharing your device’s Precise Location Information (mentioned below) if you choose to use our location-related features. You can share your current location with or send your live location to your contacts or view a nearby place on your map. When your live location is being shared, the live location control in your privacy settings shows which chats your live location is being shared in. Precise Location Information which you share in your chats is end-to-end encrypted which means that it cannot be seen by BlueSecures.

(ii) Accessing your camera and / or photo gallery if you choose to share photos or media with your BlueSecures contacts. Photos and media that you share in your personal chats are end-to-end encrypted.

(iii) User content – We offer end-to-end encryption for our Services. End-to-end encryption means that your messages, media within messages including content like images, audio, video, documents and files are encrypted to protect against third parties (including BlueSecures) from seeing that content.

(iv) When we process your information based on your consent, you have the right to withdraw your consent at any time without affecting the lawfulness of processing based on such consent before the consent is withdrawn.

(v) Precise Location Information. We enable you to share your Precise Location Information from your device when you choose to use location-related features, like when you decide to share your current location with, or send live location to your contacts, or view locations nearby. Precise Location Information that you share with your contacts in your chats is encrypted so BlueSecures cannot access / view it.

(vi) Accessing contact information: In accordance with the consent process provided by your device any contact information that an Authorised User chooses to import (such as importing an address book to find colleague) is collected when using the Services. We store your authorized user selected contacts in order to notify user as soon as one of your contacts signs up for BlueSecures and to properly display names in notifications. We only need the number and name for this to work and store no other data about your contacts.

(vii) Accessing the Microphone: We need access to users microphone to record and share voice and videos with sound. Voice message that users share in their personal chats are end-to-end encrypted.

Privacy Policy – Users

At Deskfactors, we are committed to ensuring that your Personal Information is kept secure. We understand the importance of your privacy and do our best to prevent any compromise to the same. With this Privacy Policy for Users ( ‘Privacy Policy’ or ‘Policy’), we aim to inform you on the manner in which your Personal Information will be either collected, processed, stored or transferred.

Deskfactors Inc. is a company incorporated and registered in the state of Delaware, USA (the “Company”) with the following State File Number: 20202357853. For the purpose of this Privacy Policy, “you”, “yours” and “users” as used herein refers to anyone, including any individuals and/or entities registering, accessing or using the Platform as a user and/or who is added to the Platform by the Subscriber or Internal User;the word “Subscriber” as used herein refers to anyone, including any individuals and/or entities subscribing to, registering, accessing or using the Platform as an administrator and who is able to add users to the Platform.; andthe words “we”, “our”or “us” means the Company, rendering certain services on the Platform.

This Privacy Policy for Users applies to all our products and/or services including our software, applications, our cloud-based platform and/or mobile application known as Bluesecures (“Platform”). We recommend that you also read our Terms of Use for Users (“Terms of Use”) along with any additional terms or policies uploaded onto our Website [www.bluesecures.com] (the “Website”). This Policy, the Terms of Use and any other policies, guidelines made applicable to you, from time to time, along with any agreements your Subscriber might have entered into with us pertaining to the use of our Services, constitute the entire agreement between us and you with respect to your access to or use of our Services. For any information with respect to the terms of the agreement your Subscriber has entered into with us, please contact your Subscriber.

Your Subscriber is the data controller with respect to your Personal Information. A data controller determines the purposes for which and the meansby which your Personal Information is processed. Your Subscriber has collected/will be collecting certain information of yours during the registration/ subscription process and access/ use of our Platform by you. The Subscriber will be fully accountable for the protection of your Personal Information and is mandated by law to take all necessary steps to stay compliant in this respect in accordance with the applicable laws. Please, read this Policy thoroughly to learn the details of what information of yours requires protection, what rights you may have on your Personal Information and how to exercise these rights, what Personal Information of yours is being collected by your Subscriber, the meansby which your Personal Information is processed and the purpose for which it’s collected, how your Personal Information will be used/ stored/ protected/ disclosed/ transferred etc., how you can exercise your rights over your Personal Information, whether your Personal Information will be shared with third parties and the purpose for which it will be shared, where your Personal Information is being stored and how long we intend to keep it, and other related information/ details you might find useful.

Any policies in place between you and the Subscriber with regard to any Personal or Non-Personal information shared shall stand separate from this Policy.

Please, read this Policy carefully, and if you agree to provide your consent with respect to your Personal Information in terms as given here, please continue and register, access and use our Services. Based on your location and the jurisdiction of law you fall under, you agree that you are of appropriate legal age or older to visit, access and/or use the Services in any manner. By registering, accessing and/or using our Services you represent and warrant to the Company that you are of the appropriate legal age or older, and that you have the right, authority and capacity to use the Service and that you agree to the terms of this Policy. If you are not of appropriate legal age to access and/or use the Service or to provide consent, then it will be understood that your parent or guardian expressly agrees to consent to our terms on your behalf by allowing you to access and/or use the Service. The Subscriber shall take full responsibility of ensuring such express consent has been obtained from the parent or guardian in order to allow for your access and/or use of the Service and shall not hold Deskfactors responsible for any failure to obtain such express consent.

I. POLICY UPDATES AND APPLICABILITY

II. INFORMATION COLLECTED AND/OR PROCESSED

III. INFORMATION YOU PROVIDE

You may choose to provide us with additional Personally Identifiable Information in order to obtain a better user experience when using BlueSecures.

IV. INFORMATION YOU AND WE SHARE

You share your information as you use and communicate through our Services, and we share your information to help us operate, provide, improve, understand, customize, support, and market our Services.

• Send Your Information To Those With Whom You Choose To Communicate – You share your information (including messages) as you use and communicate through our Services.
• Information Associated With Your Account– Your phone number, profile name and photo are available to anyone who uses our Services
• Your Contacts And Others – Users, including businesses, with whom you communicate can store or reshare your information (including your phone number or messages) with others on and off our Services.

V Contacts

Contact upload is a feature that allows us to provide contacts from your device’s address book that can be invited to use BlueSecures. When you use contact upload and grant BlueSecures access to your device address book, while inviting users to BlueSecures, BlueSecures will access and upload the phone numbers in your address book typically daily. We don’t collect any of the other information that could appear in your device address book including email IDs, addresses etc. You can control the contact upload feature from your device-based settings. If you choose not to use Contact Upload you can still communicate with people who are on BlueSecures but certain functionality will be limited.

VI Mobile Applications

The mobile applications of the Product, may seek access to data stores in User’s Phone, such as SMS, Photos, Contact List etc. The purpose of this access is solely towards complete functionality of relevant Services. The mobile applications will not run to their full potential if User chooses to not provide the necessary access.

VII. CONSENT

VIII. PURPOSE OF COLLECTION, PROCESSING, USE, STORAGE AND DISCLOSURE OF INFORMATION

A. The Subscriber collects, processes, uses, stores and or discloses your Personal Information for the purposes:

(i) of using our Platform features such as generating/ sharing content, communicating with other users, creating profiles, registering for third-party services, participating in online surveys or discussion groups and/ or forums and for registering to our newsletters;

(ii) of communicating with you and responding to your questions or requests, providing you with the required feedback, support and assistance in order for you to effectively use our Platform and avail our Services;

(iii) of assessing the required customizations in order to better your experience of our Platform or Website;

(iv) of complying with applicable laws and regulations;

(v) of responding to or taking part in legal proceedings, including seeking professional advice; and

(vi) as arising from or incidental to the above.

B. You acknowledge that your information may be disclosed to our partners and third-party service providers in the course of providing Services to you and that your Personal Information will be used by our partners and third-party service providers solely for the purposes of providing Services to you. We do not permit our partners and third-party service providers to use the information, that we share with them, for their marketing purposes or for any other purpose other than in connection with the services they provide to us.

C. We or the Subscriber may shareyour Personal Information if it is believed that it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any Subscriber or User, violations of our Policy, Terms of Use of any Agreements we may have in place, or as otherwise required by law.

D. Collecting, storing, deleting, processing, using, combining, sharing, transferring and disclosing your Personal Information may take place within Singapore, North America, South America or Europe Union, India, Asia Pacific and other such countries as applicable and appropriate., as the case may be. We strive to ensure compliance with all applicable laws depending on the jurisdiction applicable to you.

E. Your Connections:
You can use the contact upload Contact List ; feature and provide us, if permitted by applicable laws, with the phone numbers in your address book on a regular basis, including those of users of our Services and your other contacts. If any of your contacts aren’t yet using our Services, we’ll manage this information for you in a way that ensures those contacts cannot be identified by us. Learn more about our contact upload feature here. You can create, join, or get added to groups and broadcast lists, and such groups and lists get associated with your account information. You give your groups a name. You can provide a group profile picture or description.

IX. DATA STORAGE

Your Personal Information is stored securely in our or third-party servers situated in the same or the nearest location within which the collection or processing of your Personal Information takes place usually as is derived from the Subscriber location.

X. YOUR RIGHTS

A. Users locatedwithin either the European Union, North America, South America, SingaporeIndia, Asia Pacific and other such countries as applicable and appropriate, have certain statutory rights available to them, based on the country’s jurisdiction under which they fall, in terms of their Personal Information. You may have a right to;

(i) request for access to your Personal Information;

(ii) request for copies of the same, subject to a minimal fee as applicable;

(iii) ensure the Personal Information provided is up to date and to request for correction of the Personal Information if found to be inaccurate;

(iv) withdraw consent or opt-out of certain Services;

(v) restrict or object to the processing of your Personal Information;

(vi) disclosure of Personal Information disclosed for valuable consideration;

(vii) not be discriminated against while exercising certain rights;

(viii) transfer or delete or erase your Personal Information under certain conditions;

(ix) lodge a complaint with the relevant data protection authority; and

(x) any other right as available to you under the relevant law.

B. These rights are subject to any applicable fees, limitations and exceptions, as the case may be, in accordance with the laws applicable to you.

C. We request a period of 10 (ten) days to one month, depending on the jurisdiction and the type of request, to respond to any requests made. If you wish to exercise any of your rights, please contact the Subscriber via email or by using the chat feature available on the Platform.

XI. COOKIES AND ONLINE ADVERTISING

Cookies: Deskfactors may use cookies on the Website to analyze trends, administer the Website and track user movements in order to ensure better performance and to gather demographic information about our user base as a whole. Cookies help personalize and maximize your use of our Website, including storing user preferences, improving search results, advertisement selection and tracking user trends. You may choose to delete or block our cookies at the browser level, but if you choose to do so, it will limit your use of certain features or functions pertaining to our Services. The Subscriber may collect, process and store any Personal Information you provide when you use Services, including when you add Personal Information on a web form, add or update your account information, or when you correspond with the Subscriber while using our Services.

XII. THIRD-PARTY WEBSITES

Our Platform, Website and our communication with you may from time to time contain links to third-party websites, over which we have no control. If you follow a link to any of these websites, please note that they have their own terms, practices and policies. You agree to read the privacy policies and the terms of use of these websites and understand your rights therein and adhere to the same. We accept no responsibility or liability for any practices of any third-party websites.

XIII. SECURITY

All information provided by you is stored on our or any third-party secure servers. We protect your information using physical, technical, and administrative security measures to reduce the risks such as loss, misuse, unauthorized access, disclosure and alteration. We use the relevant industry standard encryptions like HTTPS and practices like protection against cyber-attacks, data encryption practices (such as SSL certificates), firewalls and information access authorization controls. We make best efforts to ensure that the security practices adopted by us are reasonably at par with industry standards. Further:

XIV. RETENTION OF DATA

XV. CROSS BORDER TRANSFERS

XVI. CONTACT US

If you have any questions, comments or requests regarding the Personal Information that we process, please contact our data protection officer at blue@bluesecures.com. Any questions regarding collection and processing of your Personal Information by the Subscriber may be directed to the Subscriber by using the chat feature found within the Platform or via e-mail.

XVII. GOVERNING LAW

This Privacy Policy is published and shall be governed by and construed in accordance with the applicable laws of the State of Delaware, as amended from time to time, without reference to conflict of laws principles. The courts in Delaware, USA, shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, this Privacy Policy. You agree to submit to the jurisdiction of the courts in Delaware, USA, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

XVIII. Device And Connection Information.

When you install, access, or use our Services, we may collect device and connection specific information – Information like the hardware model, operating system information, battery level, signal strength, app version, browser information, mobile network details, connection information including whether you’re using Wifi or cellular data, mobile operator ,or internet service provider (ISP), language and time zone, IP address, device operations information, and identifiers are included here (including identifiers unique to BlueSecures associated with the same device or account).

XIX. General Location Information.

Even if you decide not to utilize our precise location-related features (see Information Shared by You and by Us with Third Parties), we use IP addresses and other information like phone numbers, area codes, to estimate your general location (e.g., country, area, location and such).

XX. Information Shared by You and by Us with Third Parties

When you interact with others using our services, you share user content. When you send information to the individual who are on BlueSecures or external to other applications or to say WhatsApp business users, that you select to connect with, you have control over what is being sent. Please be aware that once you provide a BlueSecures user content, they may save it or share it with others based on your business needs for which BlueaSecures offers its services especially with regards to information pertaining to your account and usage thereon. Users who have your phone number can see your account information (phone number, profile photo, and “about” information in user settings) as part of your BlueSecures messaging experience and as well based on your privacy settings. Other users can also add you to groups where this information may subsequently be potentially available to others in the group, and this could be applicable within BlueSecures or with other applications with whom BlueSecures is integrated with. When you send a message to another user or to a group, your chosen profile name will become visible to the recipients of the message, including users who do not have you in their contact list. Users who have your phone number can also see your “last seen” information and your message receipts.

XXI. Third-Party Services

The suppliers of those services or products may obtain information about you from you or other users you engage with when you utilize third-party services or other BlueSecures Company Products that are linked through our Services. BlueSecures potentially works with third party services providers such as – telecommunications technology providers through whom you send and receive SMS, who process their services by validating or authenticating your phone numbers and BlueSecures could potentially tie up with any such telecommunication technology provider globally to ensure that the service levels are maintained for the business and for you as a user (US, India, Singapore, Europe, Japan, Middle East, Australia, New Zealand and such others). BlueSecures also could work with and works with / collaborates with location data providers to enable you to share location data and seek nearby location of other users on BlueSecures. These location data providers could be located globally or in a specific location and could offer global data mapping solutions to BlueSecures.

XXII. User Choices.

We collect information about your in-app settings records about when you accepted BlueSecures terms & conditions. Only you are in control of your settings which can be used to change – who can see your profile photo, name, user type (employee/admin/customer etc.) and mobile number.

XXIII. Prominent disclosure and Consent:

BlueSecures collects / transmits / syncs / stores data of all user content that you generate while using BlueSecures for business secure messaging transactions and when you give us permission to enable specific product features in your device-based settings, we process information for the reasons outlined below. The following lists the types of information that are used, along with their purposes and methods of processing:

For collecting information through the device-based settings which you have enabled, for example: