Privacy Policy

HappyFox is a product of Tenmiles Technologies Pvt. Ltd. ("Us" or "We"). We provide our services (as described in the Terms of Service Agreement) through our website located at www.happyfox.com (the "Site") to you, the user (“You”). We value your privacy and take many steps to protect the same. As a result, we have created this policy to reflect our practices and policies for the security and protection of information including personal information that we may collect from you and your use of the Site (hereinafter the “Privacy Policy”). You are requested to read this Privacy Policy.

When you register for the services on the Site you can be certain that we have taken reasonable steps to implement comprehensive security practices to ensure that only you and those people you provide authorized access to can see your help desk. We respect your right to privacy and this Privacy Policy details how we handle the information we receive from you.

By using our Site or allowing someone to use the Site on your behalf, you are consenting to our collection, use, disclosure, transfer and storage in accordance with this Privacy Policy, of any information including personal information and sensitive personal Information received by us as a result of such use.

1. Type of Information:

(i) Non Personal Information: This includes any and all information collected by us that is not personally identifiable of you which includes without limitation Internet protocol (IP) addresses, internet browser type, other characteristics of the software and/or device, domain names of the internet service provider, time of usage and other such collected information that cannot be used specifically to identify any person.

(ii) Personal Information: This includes any and all information collected by us that relates to you, which either directly, or indirectly or in combination with any other information, is capable of identifying you and which includes without limitation name, address, email address etc. For example when you register for with us, we ask for information such as your name, company name and email address. It is clarified, however, that any such personal information that is freely available or accessible in the public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as personal information.

(iii) Sensitive Personal Information: This includes any information collected by us relating to your password etc., as may be necessary to facilitate your use of the services and other information required by us for providing such services through the Site. It is clarified that we do not collect, store or handle in any manner, any financial information such as bank account details or credit card or debit card or other payment instrument details. Furthermore, you are not required to enter your credit card information with our online payment service provider until you decide to continue with a paid plan.

For the purposes of this Privacy Policy, ‘personal information’ and ‘sensitive personal information’ shall hereinafter be collectively referred to as “Personal Information”.

(iv) Third Party Information: Your use of the services on the Site may result in some third party information being processed through our platform. It is hereby clarified that we do not own, control or direct the use of such information stored or processed on our platform. We are largely unaware of what information is actually being stored on our platform and only access such information as authorized by you or as required by law. Only you or your third party customers are entitled to access, retrieve and direct the use of such information. As such, we are only the “data processors” and not the “data controllers” of the information on our platform. As the processors of personal information on behalf of our clients we follow your instructions as to the information you control.

It may be noted that we use and rely on the services of Amazon Web Services, a third party hosting service provider. It has been represented to us by Amazon Web Services that the data protection and privacy practices followed by them are in compliance with various statutory norms including FISMA- Moderate and have ISO 27001certification. Details of the same can be accessed at http://aws.amazon.com/security/. However, it is hereby clarified that policies and practices described herein do not apply to Amazon Web Services and we make no warranty or claim regarding the privacy, confidentiality, integrity and security of any information and data stored thereof.

2. Cookies

When you visit the Site or use the services, we use session "cookies" – i.e. a piece of information stored on your computer - to allow the Site or Service to uniquely identify your browser while you are logged in and to enable us to process your online transactions. Session cookies also help us confirm your identity and are required in order to use the services. We use persistent cookies that only we can read and use, to identify you as a user and make it easier for you to log in to the service. Users who disable their web browsers' ability to accept cookies will still be able to browse our Site, but will not be able to access or take advantage of certain services or many features thereof. Cookies don’t give us access to your computer and the information we collect through cookies does not include personal information.

3. Payment Information

We use the services of PayPal, an online payment service provider (“PayPal”) to manage credit card processing. PayPal is not permitted to use your billing information except to process your credit card information for us. PayPal may request you to create a dedicated PayPal account with the option of linking your credit card. PayPal may require you to furnish your personal information, including credit card/ debit card number, net banking details, expiry date and payment amount, etc. We have no access to, and no record of, any of such information which is transmitted electronically and directly to PayPal. It is hereby clarified that all such information will be subject to and governed by the respective terms of service and policies followed by PayPal and is independent of the terms under our Terms of Service Agreement and/or Privacy Policy. We do not warrant the confidentiality or security of such information, whether personal or otherwise, when it is transmitted directly to PayPal. We shall under no circumstances be liable whether in contract, tort, statute or otherwise for any special, direct, indirect or consequential loss or damage which is suffered, sustained or incurred by you or any other person arising (directly or indirectly) from or out of or relating to online payments on the Site.

4. Links to others sites

The Site may contain links to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely for convenience and does not imply endorsement of or association with the site or party by us, or any warranty of any kind, either express or implied.

5. Information Use and Sharing

(i) Personal Information: We may use the Personal Information collected by us as follows:

A. Specific Reason: If you have provided the Personal Information for a specific purpose, we may use the same for such purpose. For example if you provide us with your email ID for creating a user account, we will the same therefore.

B. Access and use: If the Personal Information has been provided to acces and use the Site, we will use the same to provide you with such access and use and functionality thereof, and to monitor such use.

C. Internal purpose: We may use your Personal Information for internal purposes including but not limited to, help improve the content and functionality of the Site, to better understand our user profiles, to protect against and identify wrongdoing, to enforce our terms and conditions, operate and make the services available to you, for billing, identification and authentication, to contact you about your use of the Site, research purposes and to generally to manage the Site and business.

D. Communications from us: If you choose to subscribe to our newsletter(s), we will use your name and email address to send you such newsletter(s). Unsubscribe instructions will accompany every such email and you will be at the liberty to unsubscribe from the same.

E. Service related communications: We will use such personal Information strictly for service related communications, unless provided otherwise. For example you will receive communications of any planned downtime of the Site. You cannot opt out of these communications which are not promotional in nature. If you do not wish to receive the same you have the option to cancel or deactivate your account.

F. Customer Service: We may use such Personal Information to send you a welcome email to verify your username and password. Furthermore, we will use the same to respond to queries, to provide the services and/or technical assistance as requested.

G. We may use such Personal Information to contact you for future marketing or advertisement purposes.

(ii) Non Personal Information: Since the non personal information collected by us cannot be used to identify you, we may use such information for any lawful purpose. We may also provide non-personal information, summary or group statistics about our customers, sales, traffic patterns, and related Site information to reputable third-party vendors, but these statistics will not include any Personal Information.

(iii) We are entitled to create back-ups of any and all information received and stored by us. It is clarified that we shall take all reasonable steps to protect such back-ups from loss, destruction, misuse, unauthorized access or disclosure.

(iv) Except as described in this policy, we will not give, sell, rent, or loan any Personal Information to any third party.

6. Disclosure

We are not in the business of selling your Personal Information. We do not share any Personal Information with any third party unless the same is in accordance with law or under the terms of this Privacy Policy. Notwithstanding the generality of the foregoing, we may disclose Personal Information in the following instances:

(i) In the event of an actual or potential corporate sale, merger, reorganization, dissolution, or similar event, the Personal Information may be part of the transferred assets. You acknowledge and agree that any successor or acquiror of the Company will continue to have the right to use, share, disclose all information including Personal Information in accordance with the terms of this Privacy Policy.

(ii) We reserve the right to share all information including Personal Information with our affiliates and/or subsidiaries. All such affiliates and/or subsidiaries shall be bound to maintain confidentiality of the Personal Information in accordance with the terms of this Privacy Policy.

(iii) When we engage the services of any other agent, consultant or related third party, we reserve the limited right to disclose any information, including Personal Information to such agents, consultants and related third parties. We may transmit or share your Personal Information with our third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology and services required to operate and maintain the services and/or the Site, which may require that your Personal Information be transferred from your current location to our offices and/or those of the authorized third parties referred to here. Although we own the software, code, databases and all rights to the Site, you retain all rights to your data.

(iv) Additionally, we reserve the right to disclose any and all information including Personal Information when we believe in good faith that release is necessary to (1) comply with the law; (2) enforce or apply the Terms of Service and other agreements between you and us; (3) protect our rights, property or safety, or those of our employees, users, or such others; (4) prevent, investigate or identify any wrongdoing including potential wrongdoing, in connection with the Site; (5) in certain emergency situations, to protect the safety of the users; and (6) protect us against legal liability.

(v) We may disclose such information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We may also share such information if we believe 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 person, violations of our Terms of Service, or as otherwise required by law.

7. Children's Personal Information

The Site and the services hereunder are not intended for, nor do we knowingly collect any Personal Information or any Information from, children under the age of 18 (eighteen).

8. Protection of Information

We maintain reasonable security measures to protect your information from loss, destruction, misuse, unauthorized access or disclosure. These technologies help ensure that your data is safe, secure, and only available to you and to those you provided authorized access. However, no data transmission over the Internet or information storage technology can be guaranteed to be 100% secure.

By using the Site, you agree that we have no liability for disclosure of your information or that of your third party customers where the same results from errors in transmission, unauthorized acts of third parties or in general, circumstances that are beyond our control.

9. Choice/ opt Out

You are afforded the opportunity to access and edit all Personal Information by emailing Customer Support. Information collected for the membership process, if requested, will be deleted within 21(twenty one) days from our account. However, some Personal Information may need to be maintained if it is connected with billing information or as required by law. Furthermore, you can:

(i) Limit the Personal Information: You have the option of providing very limited information to the us. However, you may not be able to use certain services provided on the Site and limiting or not providing any information required may affect the functionality of these services.

(ii) Opt Out: You have the option to opt out and modify your choices any time at your user account. In the event that you opt out receiving all communication from us, the same will be respected. It may take upto 7 (seven) days for us to process such request. By selecting to stop receiving all communications from us, you will no longer be able to receive any updates about the services, including communications about any planned downtime of the Site. This is not recommended, unless you no longer wish to continue with the Site and will have no further need for such communications. Even after such opt out, we will retain any information, including Personal Information in accordance with the terms of this Privacy Policy and as required by law. However, we will not use the same to contact you.

(iii) Since we have no direct relation with your customers whose Personal Information we may process and/or store, such third party customers who would like to correct, update or delete their Personal Information would be required to communicate the same to you. We will affect such modifications only at your request.

10. Changes to Privacy Policy

We may update this Privacy Policy from time to time. You can review the most current version of this Privacy Policy at any time at http://www.happyfox.com/privacy. Your continued use of the Site constitutes your agreement to be bound by such changes to the Privacy Policy.

11. Terms of Service.

When you access and use the Site, you are subject to the HappyFox Terms of Service and you accept and agree to the same. The same can be viewed and accessed at http://www.happyfox.com/terms-of-service.

12. Severability

If, at any time, any provision hereof is or becomes illegal, invalid or unenforceable in any respect under applicable law, the legality, validity or enforceability of the remaining provisions hereof under applicable law shall in no way be affected or impaired thereby.

13. Governing Law

The contents under this Privacy Policy shall be governed by the laws of India without regard to the conflicts of laws principles thereof or the United Nations Convention on the International Sales of Goods. Subject to Clause 14 hereunder, each of us agrees and hereby submits to the jurisdiction and venue of the courts at Chennai, India with respect to such matters.

14. Dispute Resolution

Any dispute arising herefrom shall be referred to arbitration, under the Arbitration and Conciliation Act, 1996 as may be amended from time to time or any re-enactment thereof, of a sole arbitrator to be nominated by us. The arbitration proceedings shall be conducted in Chennai, in the English language. The arbitrator’s award shall be final and binding on you and us.

15. Contact Us

Except as explicitly noted on this Site, the services available through this Site are offered by Tenmiles Technologies Private Limited located at MCM Towers, First Floor, Super B-3 Thiruvika Industrial Estate, Guindy, Chennai – 600032. Our telephone number is +91.44.42070176. If you have questions regarding this Privacy Policy or about the security practices, please contact us by email at support@happyfox.com.