Privacy Policy

• 1. Introduction
• 1.1 Apex Insignia Technologies Private Limited, a company registered under the Companies Act, 2013, having its registered office at 74, Cantt Kanpur, Kanpur Nagar, Uttar Pradesh- 208004 (hereinafter referred as “The Pool”), strives to ensure confidentiality of its customers/users who create account on the website/mobile application of The Pool. In order to create a dedicated user account, The Pool collects personal information (as defined hereinbelow) from enterprises/businesses/individuals (hereinafter referred as “Customers”), who wish to avail services provided by The Pool. The Pool completely understands and acknowledges the obligations and responsibilities attached to maintaining the privacy of personal information provided by its Customers.
• 1.2 The Privacy Policy of The Pool is being published in compliance with the provisions of Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules, 2011, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 read with Information Technology Act, 2000 and other applicable laws related to data protection and privacy of data.
• 1.3 The Pool hereby expressly states that it uses the Secure Sockets Layer (SSL), which encrypts information entered by its Customers, making it completely safe and secure.
• 1.4 The present document shall be read in its entirety as the Privacy Policy of The Pool for the information obtained by it (including personal information), from its Customers, through its website www.thepool.in (hereinafter referred as “the Website”) and its mobile application (hereinafter referred as “the Platform”). The present document shall be construed in harmony with the “General Terms of Use”, which is available here.
• 2. Definitions:
• 2.1 Applicable Laws: Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules, 2011 under the Information Technology Act, 2000 and all ordinances, rules, acts, orders, directions, circulars, bye-laws, duly enacted/passed/issued by the Parliament of India or any other competent government/judicial authority, which are not declared to be unconstitutional by a court of competent jurisdiction or any other competent government authority, which deal with handling and regulation of personal and sensitive information (as defined hereinbelow).
• 2.2 Cookies: Small segments of information which is saved on various devices used by a Customer, basis the pattern of browsing history and data.
• 2.3 Force Majeure: Any event which is beyond the control of The Pool and which could not be avoided even after employing all the reasonable care and precautions, including but not limited to fire, flood, explosion, acts of God, civil commotion, sabotage,strikes or industrial action, riots, insurrection, war, acts of government, computer hacking, crashes, breach of security and encryption, cyber-attack, malware or spyware attack.
• 2.4 Personal Information:Personal Information shall mean and include any information or set of information (including sensitive information), disclosed by the Customers to The Pool through the Website or the Platform, with an intent to avail the Services offered by The Pool, as defined under the General Terms of Use, including information in the nature of name, address, contact number, email address, nationality, marital status, date of birth, user identity(ies), passwords or any other such information which may be obtained by The Pool in furtherance of the Services as provided by The Pool.
  • i. Provided that any information in relation to a particular Customer, which is already available in public domain by no fault of The Pool, shall not be covered under this Privacy Policy.
• 2.5 Third Party Information: Any information relating to a party (including both general as well as confidential information), apart from The Pool and its Customers, shall be construed as third-party information for the purpose of this Privacy Policy
• 3. Scope of Privacy Policy:
• 3.1 This Privacy Policy applies to the Personal Information, as defined under Clause 2.4 hereinabove, provided by Customers to The Pool through the Website or the Platform, in furtherance of availing the Services offered by The Pool.
• 3.2 Visiting the Website shall, in itself, be construed as an implied acceptance of the terms and conditions of Privacy Policy and the latest amended version of Privacy Policy shall equally apply to all the Customers (existing as well as prospective).
• 3.3 The Pool may, at its sole discretion, modify the Privacy Policy without providing any prior notice (written or otherwise) to any of its Customers and hence it is highly recommended that the Customers may pay a periodic visit to this page.
• 4. Express Consent of Customers:
• 4.1 The Customer hereby expressly consents to authorize The Pool to use the information, including but not limited to “PI”, provided by the Customer while using the Website for following purposes:
  • Creating a dedicated user account for enabling the Customer to use the Services provided by The Pool;
  • Contacting Customer through SMS, phone calls, e-mail or any other electronic modes, in relation to the Services provided by The Pool, and such authorization shall override any Do Not Call (DNC) or Do Not Disturb (DND) services which the Customer might have opted for from his/her service provider;
  • If, at any point in time, the Customer wishes to unsubscribe from sharing his/her PI with The Pool or its affiliated partners/third parties, he/she may drop a request to that effect by writing an e-mail at admin@thepool.in and the said request of the Customer shall be processed at the earliest, in any case within 72 hours of the receipt of such request.
  • If the Customer does not agree with the present privacy policy, then he/she shall not use the Website or Platform for Services offered by The Pool.
• 5. Purpose of Privacy Policy:
• 5.1 The Pool hereby expressly undertakes that it shall not use the Personal Information provided by the Customer for any purpose other than the following:
  • Creating a dedicated user account for each Customer on the Website or the Platform (as the case may be);
  • Comply with the applicable laws regarding maintaining records of user information;
  • Providing Services to the Artists or Hosts (as the case may be);
  • To identify and recognize a specific Customer while providing Services;
  • Customize offers, products and services for different Customers.
• 5.2 The Pool further undertakes that it shall not sell/distribute the Personal Information provided by the Customers to any other third-party websites, applications or agencies for any purpose, and The Pool shall strive to obtain only such information from its Customers which is necessary for carrying out the above-mentioned purposes.
• 5.3 Provided that The Pool may share the Personal Information provided by a Customer to any authorized/competent government, statutory, judicial or quasi-judicial body(ies), in case if The Pool is legally required to do so under any valid law for the time being in force.
• 5.4 The Pool shall not be held liable for disclosure of the PI when used in accordance with this Privacy Policy or in terms of the ‘General Terms of Use’ of Website or an agreement, if any, with the Users of Website.
• 6. Extent of Disclosure of PI to third parties:
• 6.1 Notwithstanding contained in the above-mentioned clause, The Pool may share the PI provided by its Customers with third parties who work as partners with The Pool, under following circumstances:
  • To the extent of providing necessary Services;
  • For improving the Customer experience;
  • For maintaining the standard of Services provided by The Pool.
• 7. Communications from The Pool:
• 7.1 By registering on the website of The Pool, a Customer consents to obtain following information on various electronic modes (including e-mails, app notifications, SMSs etc.):
  • Latest updates about the present as well as future products of The Pool;
  • Promotional emails and messages;
  • Latest news about The Pool;
  • Any other relevant piece of information which helps The Pool to improve its Customer experience.
• 7.2 The Customers cannot opt out of the above-mentioned communications from The Pool, once they have consented to receive the same by registering themselves on the Website.
• 8. Link to third party apps and websites:
• 8.1 The Website and any communication sent to the Customer may also contain/display Third Party advertisements and links to other websites or products and services. The Customer as well as the Website User hereby agrees and acknowledges that these apps and websites are operated by Third Parties and are not controlled by, or affiliated to, or associated with The Pool unless expressly specified. The Poolis not responsible for any form of transmission, whatsoever, received by the Customer from any such Third Party. Accordingly, The Pool does not make any representations concerning the privacy practices or policies of such Third Parties or terms of use of such websites or apps, nor doesThe Pool controls or guarantees the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages or other materials available on such websites or apps. The inclusion or exclusion does not imply any endorsement by The Pool of the website, the Third Party, or the information on the website. The information provided by the Customer to such Third Party websites shall be governed in accordance with the privacy policies of such websites and it is recommended that the Customer reviews the privacy policy on any such websites and apps prior to using such websites.
• 8.2 These Third Party websites and apps and advertisers may use technology to send the advertisements directly to the browser of the Customer. In such cases, the Third Party websites or advertisers automatically receive the IP address of the Customer and such Third Party websites/apps may also use cookies, JavaScript, web beacons and other technologies to measure the effectiveness of their advertisements and to personalize advertising content. The Pool does not have access to or control over cookies or other features that such Third Party websites and apps and advertisers may use, and the information practices of these Third Party websites and apps and advertisers are not covered by this Privacy Policy. Please contact them directly for more information about their privacy practices.
• 9. Security and Data Retention:
• 9.1 The Pool hereby expressly undertakes that it uses high quality data encryption and security practices in order to secure the data provided by its Customers, however it is clarified that no method of data protection is completely safe and secure, hence The Pool does not guarantee 100?ta security to its Customers. In case of any queries/concerns regarding the method of date security adopted by us, kindly feel free to contact us at admin@thepool.in.
• 9.2 The Pool uses various tools, techniques, encryptions, firewalls, authentication processesin order to ensure maximum level of security and data protection to its Customers, while receiving the PI and after the PI is received and saved in the database of The Pool.
• 9.3 The servers maintained by The Pool use different layers of security by asking for login credentials from its Customers, which are different combinations of letters, symbols and special characters, distinct for each Customer and PI of the Customers are not shared with the employees of The Pool, except with those employees who are especially trained in handling sensitive customer information. It is incumbent upon the concerned Customer to ensure that his/her login credentials are not shared with anyone and The Pool does not take responsibility of any unauthorized use of PI in the event if such login credentials get misplaced on account of any negligence on the part of the Customer himself/herself.
• 9.4 The Pool shall in no case whatsoever be held responsible for any loss, theft, damage or unintended use of the Personal Information provided by the Customer, if such loss, damage or misuse is due to a Force Majeure Event or due to an unauthorized use of the device of the Customer itself.
• 9.5Data Deletion:
  The Pool does not retain the information of its Customers longer than it is necessary to achieve the purpose for which the Customer has approached The Pool. In case of any apprehensions regarding data retention, Customers may write to The Pool at admin@thepool.in and subsequently the concerned Customer shall be provided with a detailed report of his/her PI, indicating the date of receipt of PI, duration for which it was stored in the database of The Pool and the date on which it was permanently deleted from the database of The Pool. Once the Customer decides to delete his/her user account or when the concerned business/transactions between The Pool and the Customers are completed and the Customer does not wish to continue using the Services offered by The Pool, then in such cases The Pool shall destruct and delete all the information including the Personal Information of the concerned Customer.
• 10. Grievance Redressal:
• In case if the Customer/Visitor/User has any objections in relation to the present privacy policy or the usage of his/her information/data by The Pool or if the Customer wishes to file a complaint under the appropriate provisions of the Information Technology Act, 2000, then he/she may contact The Pool by writing an email at admin@thepool.in.
• 11. Notice:
• The effective date of this Policy, as stated below, indicates the last time this Policy was revised or materially changed. It is hereby acknowledged that the present privacy policy is subject to change as and when it is deemed desirable by The Pool. The User/Customer is hereby advised to visit this page periodically so as to access the latest privacy policy of The Pool.
• 12. Governing Law and Dispute Resolution:
• 12.1 This privacy policy shall be governed by the laws of India and any dispute or differences that may arise between the Parties under this Policy shall be adjudicated by a sole arbitrator that the Parties may mutually appoint in accordance with the Arbitration and Conciliation Act 1996 as amended from time to time. All such arbitration proceedings shall be held in Lucknow in English language. The award passed by such arbitrator shall be final and binding on both the parties hereto. The cost of appointment of the arbitrator shall be equally borne by the Parties herein.
• 13. Effective Date:
• 04th May, 2025