Last updated on Oct 31, 2020
Poocho Research Technologies Private Limited (“Poocho,” “Company,” “we,” “our,”or “us”) is an online venue where Poocho and other companies or groups (hereinafter referred to as “Researcher and/or “Client” as the case may be) create web application-based research projects and surveys (collectively “Campaigns”) that are shared by Researchers across their networks for interested individuals (collectively called “Participants”) to participate in for research purposes. The users of the Platform, to whom the Platform is provided for the purposes of using the services Researchers and or Participants as the case may be (hereinafter referred to as “Users” or “you”).
i. The Information Technology Act, 2000
ii. The Information Technology (Reasonable Security Practices and Procedures and Personal Information) Rules, 2011 (the “IT Rules”)
iii. The Information Technology (Intermediaries Guidelines)Rules, 2011.
iv. Any other applicable laws
Personal Information shall mean and include any information belonging to the Researchers as well as information collected by the Researchers of their respective Participants and shared with us. The information includes but is not limited to, name, contact details including email address, mailing address, street address and/or telephone number, etc.
We may collect these types of personal information directly from you or third parties.
PLATFORM: shall mean and include the platform provided by Poocho to its Researchers and Participants as the case may be, to conduct and participate in applicable surveys.
PLEASE NOTE: THE APP WILL ALLOW POOCHO TO COLLECT AND USE YOUR DEVICE’S PRECISELOCATION INFORMATION. If Applicable, this includes GPS-based, Wi-Fi-based and cell tower-based location information.
1.What Information Do We Collect & From What Sources Do We Collect It?
(a) Required Registration Information
Researchers must create an account in order to access the Platform.
(b)Project and Campaign Information
To build a Campaign, Researchers must provide certain information for the creation of the Campaign components, including but not limited to a Campaign name, overview, specs for each Campaign part, and survey questions.
(c)Automatically Collected Information
• Usage Information and Analytics. In addition to any information that you choose to submit to us, we and our third-party service providers, which included networks and analytics companies including Google Analytics, use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Platform (“Usage Information”). This Usage Information includes the browser that you are using, the URL that referred you to the Platform, all of the areas within the Platform that you visit, and the time of day, among other information. In addition, we collect the IP address or other unique identifier (“Device Identifier”) from a User’s computer or other device used to access the Platform (a “Device”). A Device Identifier is a number that is automatically assigned to a Device used to access the Platform, and our computers identify a Device by its Device Identifier.
• Advertisements on Other Websites. We display advertisements for Poocho on other websites and services. When you click on a Poocho advertisement on these other websites and services, we receive information about the website or service that served the advertisement, and which advertisement you clicked. If you then interact with our Platform, we may combine the information about your activity with our advertisement with the information we subsequently collect and/or you subsequently submit on our Website.
• Email Receipt. If you receive email from us, we may use certain analytic stools, such as clear GIFs to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
We collect Usage Information using, from methods including but not limited to, cookies, beacons and embedded scripts (and subsequent technology and methods hereafter developed).
(d) Information Third Parties Provide About You
(e) Payment and Tax Information
If you are a Researcher, the Platform may collect payment information, such as credit card information and associated account information (name and contact information of your point of contact). Credit card information is stored by a trusted third-party payment processor. Our payment partner will share your payment information with credit card companies to process actual payments.
2. How Do We Use the Information Collected?
We may use your information:
·To create and maintain your account
• to provide you with information or the Access;
• to process transactions or payments;
• to process your registration to the Platform, including verifying your information is active and valid;
·To help you conduct research
• to establish and run Campaigns;
• to analyze and synthesize research findings;
• to enhance or improve the Platform;
• to customize your experience on the Platform, or to provide you with specific content that is most relevant to you;
• to contact you (such as via e-mail) with regard to your use of the Platform and, in our discretion, changes to the Platform and/or the Platform’s policies;
• to send offers and promotional materials related to the Platform and for other Poocho marketing purposes;
• for Poocho’s advertising, marketing, publicity and promotional activities;
• to transcribe interviews and/or videos;
• to analyze the use of the Platform;
• for internal business purposes;
· For research, statistical analysis and business intelligence purposes with the help of computer science technologies including without limitation, artificial intelligence and machine learning. Such demographics will be in an aggregated or non-personally identifiable form thereby ensuring anonymity.
· Finally, we will use or disclose your Personal Information if we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or property, violations of the Services/Platform’s other policies, or as otherwise required by law when responding to subpoenas, court orders and other legal processes.
3. How and When Do We Disclose Your Information to Third Parties?
(a) Sharing Campaign Information
We share information about Campaigns to potential Participants.
(b) Sharing with Third Parties Providing Services on Our Behalf
We may use third party vendors to perform certain services on our behalf, such as hosting the Platform, designing and/or operating the Platform’s features, tracking App or website analytics, and collecting mobile sensor data. We may provide these vendors with access to certain of your information to carry out the services they are performing for us. These third party vendors are not permitted to use your information other than for performing services for Poocho.
(c) Sharing for Administrative and Legal Reasons
We may access, use, preserve, transfer and disclose your information or information provided by you, including disclosure to third parties: (i) to satisfy any applicable law, regulation, subpoenas, summons, governmental requests or legal process if, in our good faith opinion, such is required or permitted by law, including to meet national security or law enforcement requirements;(ii) to protect and/or defend our agreements with our Users and our policies, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Platform, Poocho or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. Such disclosures may be carried out without notice to you.
(d) Sharing for Business Transfer.
We reserve the right to disclose and transfer all such Information: (i) to a subsequent owner, co-owner or operator of the Platform or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our equity and/or assets or other corporate change, including, during the course of any due diligence process.
(e) Sharing of User-Generated Content
The Platform may permit Researchers to submit ideas, photographs, videos, writings, pictures, data, questions, comments, suggestions or other feedback in a forum available to the public; this information will become publicly available. Poocho is not responsible for the use or misuse of any such content.
(f) Sharing with Your Consent
We may share your Information for any other purpose disclosed by us at the time you provide the information. For the information that you provide to Poocho, you represent and warrant that you have such person’s consent to provide the relevant Personal Information to us.
4. Your Legal Rights
In situations during which we process personal data on behalf of our Client, we may refer the request to the relevant Client and cooperate with their handling of the request, subject to any special contractual arrangement with that Client. In addition to the rights above, you have the right to lodge a complaint with the relevant supervisory authority. However, we encourage you to contact us first, and we will do our very best to resolve your concern.
5. Deactivating Your Account; Retention of Your Information by Poocho
6. Information Relating to Children
The Platform (particularly, the web applications for Participants) is not intended for use by children under 13 years of age (or in the EU, children under the age of 16 years of age), and we do not knowingly collect personal information from children under 13 (or in the EU, under the age of 16 years of age) without the direct involvement of the minor’s parents or guardians. If we learn that we have collected or received Personal Information from a child under 13 or Personal Data from a child in the EU under the age of 16 without parental or guardian consent or legally-valid consent or other legal basis, we will take reasonable steps to delete that information. If you believe that the information submitted by you might have any Personal Information from or about a child under 13 or Personal Data from a child in the EU under the age of 16,please contact us as provided in the “Contact Us” section below. The onus of the data uploaded on the Platform or relating to a campaign entry of children concerning this age group shall be on the Researcher and Poocho shall have no responsibility for the use of the said information.
7. How Information is Protected
The security of Personal Information is important to us, and we have implemented commercially acceptable means to protect the same. However, remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure as stated above, and we cannot guarantee its absolute security. We have appropriate industry practices and security policies, rules and technical measures to protect the data including Personal Information that is under Poocho’s control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the relevant electronic devices through which the users avail the Services, we shall not be held liable for any loss whatsoever incurred.
In the event, our service providers and third parties distribute Personal Information outside the scope of our agreement with other such providers’ or third parties, Poocho cannot be held liable for the breach of confidentiality. Further, in case breach of security or actions including without limitation, computer hacking, unauthorized access to computer data and storage device, computer crashes etc., Poocho will not be held responsible for the same.
9.Compliance with Data Protection Regulations
Sensitive information (“Sensitive Information”)means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation, sexual practices or sex life, criminal records, health information or biometric information.
We will not process sensitive information, without first obtaining necessary consents.
As long as we are provided with the relevant consent, the Sensitive Information may only be used and disclosed for purposes relating to the primary purpose for which the Sensitive Information was collected. Sensitive Information may also be used or disclosed if required or authorised by law.
If you wish to be informed about what personal data we hold about you and if you want it to be removed from our systems, please contact us on the details as given below.
11. Do Not Track
You should be aware that your browser may have settings for Do Not Track. Because there is no common understanding of how to interpret Do Not Track signals yet, Poocho does not honour Do Not Track signals from browsers.
12. Contact Us
Last updated October 31, 2020
Welcome to Poocho. This is a contract between you and Poocho. By using our app, you’re agreeing to all of it.
When you apply for or participate in a paid research study, you are selling that information to us (and our customers). You give up all rights to that information. You can’t erase it later. If you are participating in an unpaid research study, you may ask us to erase your data any time.
We use your info for research and marketing. You can always erase your basic profile info, opt out of marketing, or close your account.We’ll help if you need it.
You must be 16 (in Europe) or 13 (everywhere else) to openan account. If you’re under 18, your parent or guardian needs to give youpermission.
This Agreement is effective as of October 31, 2020. Your continued use of the Service as a Participant after such time signifies your acceptance of this Agreement. Now, please read these documents.
This web site is owned and operated by Poocho Research Technologies Private Limited (“Poocho,” “Company,” “we,” “our,” or “us”) which is an online venue where Poocho and other companies or groups (each a“Researcher”) create web application-based research projects and surveys(collectively, “Campaigns”) that are shared by Researchers across their networks for interested individuals (collected called “Participants”) to participate in for research purposes.
PLEASE NOTE: THE APP WILL ALLOW POOCHO TO COLLECT ANDUSE YOUR DEVICE’S PRECISE LOCATION INFORMATION. If Applicable, this includesGPS-based, Wifi-based, and celltower-based location information.
1. What Information Do We Collect and From What Sources Do We Collect It?
(a) Required Registration Information
(b) Participant Profile Information
(c) Social media information
(d) Information Provided by Participantsin Response to Campaigns
(e) Information We Automatically Collect as You Access and Use the Services
(f) Payment and Tax Information
2. How Do We Use the Information Collected?
3. How and When Do We Disclose Information to Third Parties?
(a) Sharing Participant Profile Information and Study Entrieswith Researchers
(b) Sharing When You Agree To Receive Information from ThirdParties
(c) Sharing With Third Parties Providing Services on OurBehalf
(d) Sharing of User Generated Content(e) Sharing With Your Consent4. Legal Basis for Use of YourInformation
5. How Do I Access, Change or Delete My Information,Exercise Choices and Change Communications Preferences?
(a) Accessing, Correcting and Deleting Information(b) Deactivating Your Account; Retention of Your Informationby Poocho
6. Information Relating to Children Under the Age of 13
7. How Information Is Protected
9. Contact Us
1.What Information Do We hold and Collect and From What Sources Do We Collect It?
(a)Required Registration Information
Participants must create an account to use theServices. An account may require the Participants to provide at least firstname, last name, and mobile phone number (“Account Information”).
(b)Participant Profile Information
Participants have the option to add additional profileinformation to their account. This optional profile information includes birthdate, gender, country of residence, zip code, profile picture, address, household information, education information,racial or ethnic origin, sexual orientation, religion, income, and employmentstatus, industry, and job title.
Some of these optional information may be consideredSensitive Data. “Sensitive Data” means information specifying medical or healthconditions, racial or ethnic groups, political opinions, religious or philosophicalbeliefs, trade union memberships, or information specifying the sex life of anindividual.
While it is optional to provide this additionalprofile information, it helps Poocho and Researchers contextualize yourresponses in the context of a Campaign. Participants may update, change, ordelete this additional profile information through the App at any time.
(c) Social Media Information
If you choose to register for the Services via athird-party service with which you have an account like Facebook, we collectinformation from your third-party accounts, such as name, email address,profile picture, list of friends, people you follow, likes, work, and educationhistory, current city or other third-party account information that yourprivacy settings in your third-party account permit us to access. Third-partyservices, such as Facebook and other social networking services, have theirpolicies concerning the collection, use, sharing, and protection of yourinformation. Poocho does not have any control over how any third-party servicesuses or discloses the information they collect about you. Poocho shall not beresponsible for any information disclosed by any such third-party and no claimsshall further be brought against Poocho.
(d) Information Provided by Participantsin Response to Campaigns
Each Campaign in which a Participant participatesrequests the Participant to submit information related to that Campaign, whichmay include live or prerecorded videos, photos, screenshots, reviews,interviews, or answers to survey questions (collectively, “Campaign Entries”).Similarly, we sometimes send Screener Surveys (“Screeners”) to prospectiveParticipants for potential Campaigns that request additional information(“Screener Data”).
(e) Information We Automatically Collectas You Access and Use the Services
To provide Services, we may require certain userinformation and may obtain the same through User-provided data or automaticdata collection. In addition to any information that you choose to submit tous, we and our third-party service providers use a variety of technologies thatautomatically (or passively) collect certain information whenever you visit orinteract with the Services (“Usage Information”). This Usage Informationincludes the browser that you are using, the URL that referred you to theServices, all of the areas within the Services that you visit, and the time ofday, among other information. In addition, we collect the IP address or otherunique identifier (“Device Identifier”) for a user’s computer or other deviceused to access the Services (a “Device”). A Device Identifier is a number thatis automatically assigned to a Device used to access the Services, and ourcomputers identify a Device by its Device Identifier. With your permission, weand our service providers collect and use precise location data, cellphonemovement sensor data, or information about the websites or apps you visit. Wecollect and use your Device’s operating system and version, Device type, andcarrier name if you are using the App on a Mobile Device. A few of the methodsthat we use to collect Usage Information include, without limitation, cookies, beacons, and embedded scripts (anysubsequent technology and methods hereafter developed).
(f)Payment and Tax Information
If you are a Participant, we collect your Paytm orGoogle Pay or online banking/payment account information and associated toprovide compensation for Campaigns; Participants who earn over certain amountsof compensation may be required to provide additional documentation to allowPoocho to send certain tax documentation.
2.How Do We Use the Information Collected?
We may use your information:
• to provide you with information or the Services;
• to create and maintain your accounts;
• to process transactions or payments that you haverequested or agreed to receive;
• to process your registration with the Services,including verifying your information is active and valid;
• to search for you and contact you about participating in Screeners, Campaigns, or active survey participation opportunities or data collection to build your Participant Profile;
• for internal record keeping and administrative purposes; and to run competitions and/or offer additional benefits to you
• to determine if you qualify for or inform you about Campaigns in certain locations;
• to establish and conduct Campaigns on behalf of Researchers or Poocho, or Campaigns by Researchers and, under our contract with you (the Participant Terms and Conditions), provide Researchers with Campaig nEntries, certain Participant Profile Information, and certain Screener Data fo rResearchers to use for their own business purposes;
• if it is Screener Data or Campaign Entries, as part of a Campaign in which a Participant has participated, including to analyze and synthesize research findings;
• to enhance or improve the Services;
• to customize your experience with the Services, or to provide you specific content that is most relevant to you;
• for research, statistical analysis and business intelligence purposes with the help of computer science technologies including without limitation, artificial intelligence , and machine learning. Such demographics will be in an aggregated or non-personally identifiable form thereby ensuring anonymity.
• to contact you (such as via email)with regard to your use of the Services and, in our discretion, changes to the Services and/or the Services’ policies;
• to send offers and promotional materials related to the Services and for other Poocho marketing purposes;
• for Poocho’s advertising, marketing, publicity, and promotional activities;
• to transcribe interviews and/or videos;
• to comply with any procedures, laws , and regulations which apply to us, to comply with our legal obligations or, otherwise, where it is necessary for our legitimate interests or the legitimate interests of others; or to disclose your information if we believe it is necessary to share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or property, violations of the Services other policies, or as otherwise required by law when responding to subpoenas, court orders and other legal processes.
3.How and When Do We Disclose Information to Third Parties?
(a) Sharing Participant Profile Information and Campaign Entries with Researchers
When you apply for a Campaign, participate in and are subsequently compensated for Campaigns and for providing your Campaign Entries, certain Screener Data, and Participant Profile Information, you agree to assign all right, title and interest in all such data to Poocho and the applicable Researcher, and all such information belongs to Poocho and/or the relevant Researcher. If you are a Participant, you expressly consent to Poocho sharing certain Participant Profile Information, Screener Data and Campaign Entries with a Researcher if you apply to a Campaign posted by that Researcher, including any Sensitive Data that is included in Participant Profile Information. As a Participant, you can withdraw or modify your consent to our future collection, sharing and processing of the Participant Profile Information at any time, by changing your account settings or your profile or by deactivating your account or by contacting Poocho on the information as provided below, subject to the restrictions described herein.
Note: The Participants may require to contact us in order to delete and/or update the data in cases of early stages of the Campaigns.
The security of information is important and we have implemented commercially acceptable means to protect the same. However, remember that no method of transmission over the internet,or method of electronic storage, is 100% secure, and we cannot guarantee its absolute security. We have implemented all reasonable industry practices, and security policies, rules and technical measures to protect the data including information that is under Poocho’s control from unauthorised access, improper use or disclosure, unauthorized modification, and unlawful destruction or accidental loss. However, for any data loss or theft due to unauthorized access to the Participant’s electronic devices through which the user avails the Services, we shall not be held liable for any loss whatsoever incurred by the Participant.
In the event, our service providers and third parties distribute information outside the scope of our agreement with such providers’ or third parties, then Poocho cannot be held liable for the confidentiality. Further, Poocho shall not be held responsible, in cases of breach of security or actions including without limitation, computer hacking, unauthorized access to computer data and storage device, computer crashes,etc.
Compliance with Data Protection Regulations
If you wish to be informed about what information we hold about you and if you want it to be removed from our systems, please contact us on the details as given below.
(b) Sharing When You Agree To Receive Information from Third Parties
(c) Sharing With Third Parties Providing Services on Our Behalf
We may use third party vendors to perform certain services on our behalf, such as hosting the Services, designing and/or operating the App’s features, tracking App or website analytics, collecting mobile sensor data, and enabling Poocho to send you information about participating in Campaigns and you consent to the disclosure of the Informationto such third parties. We may provide these vendors with access to certain of your information to carry out the services they are performing for us. These third party vendors are not permitted to use your information other than for performing services for Poocho.
(d) Sharing of User Generated Content
The Services may permit you to submit ideas, photographs, videos, writings, pictures, data, questions, comments, suggestions, or other feedback in a forum available to the public. This information will become publicly available. Poocho is not responsible for the use or misuse of any such content.
(e) Sharing With Your Consent
We share your information for any other purpose disclosed by us at the time you provide the information.
4. How Do I Access, Change, or Delete My Information, Exercise Choices, and Change Communications Preferences?
(a) Accessing, Correcting and Deleting Information
You are responsible for maintaining the accuracy and legality of the Account Information and Participant Profile Information you submit to us. Except as described herein, the Services will allow you to directly review, correct, update, or remove your Account Information and Participant Profile Information at any time. For automatically- collected information, you also can exercise certain opt-out rights by following the instructions in section 1(e) above or by contacting us as outlined in “Contact Us” below.
Individuals in the European Union and some other jurisdictions have certain legal rights (including, in certain cases, under theEU) to obtain confirmation of whether we hold personal data about them, to access personal data we hold about them (including, in some cases, in portableform), and to obtain its correction, update, amendment or deletion in certain circumstances. They may also object to our uses or disclosures of personal data or exercise legal rights to withdraw consent, though such actions typically will not have a retroactive effect. Poocho will make every effort to respond to your request within the period required by applicable law, usually within 30 days. Please note that certain information may be exempt from such requests in certain circumstances, such as if we need to keep processing your information to perform our contractual obligations, including to Campaign Entries, or for our legitimate interests.
In situations in which we process personal data on behalf of our customers, such as a Researchers, we may refer the request to the relevant customer and cooperate with their handling of the request, subject to any special contractual arrangement with that customer.
In addition to the rights above, you have the right to lodge a complaint with the relevant supervisory authority. However, we encourage you to contact us first, and we will do our very best to resolve your concern.
(b) Deactivating Your Account; Retention of Your Information by Poocho
We keep your information as long as reasonably necessary for the purposes for which it is processed. The length of time depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
5. Information Relating to Children Under the Age of 13
The Services are not intended for use by children under 13 years of age (or in the EU, children under 16 years of age). We do not knowingly process data of EU residents under the age of 16 without parental consent. If we learn that we have collected or received personal information from a child under 13 or from a child in the EU under the age of 16 without parent or guardian consent, we will take reasonable steps to delete that information. If you believe that we might have any information from or about a child under 13 or from a child in the EU under the age of 16, please contact us as provided in the “Contact Us” section below.
6. How Information Is Protected
When using our application, your Poocho account will be secured by user-created passwords, in which case reasonable precautions are taken to ensure that your Account Information or Participant Profile Information is kept private. You are responsible for keeping your passwords confidential. We ask you not to share your password with anyone.
We use implement physical, technical, and administrative measures to protect your information stored within our databases, and we restrict access to such information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff.
Despite these efforts, please note that we cannot 100% ensure or guarantee the security of your information. Unauthorized entry or use, hardware or software failure, and other factors could compromise the security of your information. As such, you acknowledge and accept that we cannot guarantee the security of your information transmitted to the Services and that any such transmission is at your own risk.
8. Contact Us
Last updated: October 31, 2020
This Agreement explains the terms by which you may use our www.poocho.co website (“Site”), the Poocho mobile application (whether Android or iOS version) (the “App”) and related services (such services are referred to herein collectively with the Site and the App as the “Service”) and participate as a Participant.
"Platform" shall herein refer to as the services offered by Poocho through its App, for its Participants and the Researchers.
IMPORTANT NOTICE: THIS AGREEMENT INCLUDES A WAIVER OF CLASS- ACTION RIGHTS. CLICK HERE FOR MORE INFORMATION.
What is Poocho? Poocho is an online venue where we (“Poocho”) and other companies or groups (referred to as “Researchers”) post opportunities for individuals (“Participants”) to participate in online and mobile application-based research projects and surveys (“Campaigns”). A Researcher shares a Campaign on the Platform or through a third-party application, with his/her own network of potential Participants. Some Campaigns will be paid Campaigns and have their own payment terms, if applicable. Participants are paid only upon completion of the Campaign to the specifications provided by the Researcher. By becoming a Participant, you agree to (a) abide by this Agreement and the processes, procedures, and guidelines described throughout the Platform; (b) be responsible for the accuracy, and legality of the information you provide; and (c) perform your obligations as specified by any Campaign that you accept, unless such obligations are prohibited by law or by this Agreement. We reserve the right in our sole discretion to refuse, suspend, or terminate access to the Campaigns and/or Platform to anyone for any reason or no reason, including breach of this Agreement. Any rights not expressly granted to you are herein reserved by Poocho.
Additional Terms between Participants and Researchers. Certain Campaigns may be governed by additional terms and requirements created by the Researcher (“Additional Terms”), which you can and should review before agreeing to be a Participant for that Campaign.
Taxes and Reporting. You are solely responsible for satisfying all taxes, and other legal requirements under applicable law, including without limitation those applicable to the payments or other compensation you may receive for participating in Campaigns. Poocho does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.
No Agency. No agency, franchise, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. As a Participant, you acknowledge and agree that your relationship with us and any Researcher is that of an independent contractor and specifically not that of an employee.
Links to Third- Party Sites. You may find links to other sites on the Service. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Service does not imply that we endorse the linked site. You use the links at your own risk and expressly relieve us from any and/or all liability arising from your use of any such third-party website.
Participant Profile Information (“PPI”). In these Terms, PPI shall mean any audio, video, text, images, or other material you choose to display on our Platform or through third party applications. By displaying PPI, you grant us a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and/or all media.
We reserve the right to create and use anonymous information, information that cannot reasonably identify you, or as otherwise defined by applicable law, for any purpose and to disclose such information to third parties in our sole discretion.
PPI must be your own and must not be invading any third-party's rights. We reserve the right to remove any User Content from this Platform at any time without notice.
For us to pay you for any Campaigns for which we are a Researcher and to qualify for certain Campaigns as a Participant, you will be required to provide all the aforementioned information.
Rights in Campaign Entries. You hereby agree to assign all rights, title, and interest to all materials, data and information of any nature provided by you as a Participant with respect to work on a Campaign (each, a “Campaign Entry” and collectively, “Campaign Entries”) to Poocho. Poocho may retain or transfer those rights to others, including applicable researchers. You further agree to make no claim of any kind in the future asserting that you have any rights in the Campaign Entries. You agree to keep confidential and not to divulge to anyone, other than an attorney or accountant representing your interests, any of the Campaign Entries or any other information, including the subject matter, related to any Campaign for a period of two years after you have ceased working on a Campaign. You will indemnify Poocho and Researcher against any costs and fees, including attorneys’ fees related to any breach of this paragraph.
Publication of Campaign Entries. Some Researchers may publish Campaign Entries so that they are publicly available, including but not limited to posting such Campaign Entries on the Researcher’s website or via social media. In such instances, you consent to the Researchers’ use of your Campaign Entries excluding any personally identifying information in connection with the development, production, distribution, and/or exploitation (including marketing and promotion) of the particular service and the Researcher generally, unless otherwise prohibited by law. You agree that submission of a Campaign Entry and receipt of the offered compensation constitutes complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfilment of these obligations. You agree you shall not receive any additional compensation for the Researcher’s publication of your Campaign Entries.
Fees. There is no cost to becoming a Participant or in browsing most of the Site or the App. We may charge fees to other Researchers who desire to use Participants for their Campaigns.
Payments. Poocho reserves the right to not compensate the Participants who fail to perform the Campaign requirements in a complete and timely manner. Any payment dispute must be brought to Poocho’s attention within ninety (90) days of either before the closure date of a particular Campaign or on the date you received notification that payment is forthcoming. No claims brought after the said ninety (90) day period would be reviewed by Poocho. Poocho has the right to reject any payment dispute which is unfair or malicious in Poocho’s sole discretion. Poocho shall not be liable for any losses incurred by the Participant, in the event a Participant fails to comply with the aforementioned norms.
Other Researchers. We are not a party to the dealing, contracting, and fulfilment of a Campaign between a Participant and a Researcher unless Poocho is the Researcher. We have no control over and do not guarantee the quality, safety, or legality of other Researchers’ Campaigns, the truthfulness or accuracy of Campaign listings, the qualifications, background, or abilities of Participants, the ability of Researchers to pay, or that a Participant or Researcher can or will complete a particular transaction. We are not required to and do not verify any information given to us by Researchers or Participants, nor do we perform background checks. However, we may provide information about a Researcher, such as a risk score or geographical location, or third party evaluations based on data given to us by the Researcher or a third party. Such information is provided solely for the convenience of Participants and is not an endorsement or recommendation by us. Participants and Researchers must look solely to the other for the enforcement and performance of all the rights and obligations arising from their contracts and dealings.
User Names and Passwords. When you register with the Service, you will be asked to choose a username and password. You are solely responsible for safeguarding and maintaining the confidentiality of the username and password you use to access the Service. You authorize us to assume that any person using the Service with your username and password either is you or is authorized to act on your behalf. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your username or password.
Service Integrity & Restrictions on Use. You agree you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Service) from the Service, any software code that is part of the Service, or any services that are offered on the Platform without our prior express written permission and any appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Service or any activities conducted on the Service; (d) bypass any measures we may use to prevent or restrict access to the Service or any subparts of the Service including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (e) transmit spam, chain letters, or other unsolicited communications; (f) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (g) upload invalid data, viruses, worms, or other software agents through or to the Service; or (h) collect or harvest any personally identifiable information, including account names, from the Service. Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user.
You must comply with the laws that apply to you in the location that you access Company’s Services from. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services. You promise that all the information you provide to the Company on accessing and/or using the Services is and shall remain true, accurate, and complete at all times.
Notwithstanding anything, you are specifically restricted from all of the following:
Certain areas of this Platform are restricted from being accessed by you and we may further restrict access by you to any areas of this Platform, at any time, in absolute discretion.
User Content. Some areas of the Service may allow Participants to post feedback, comments, questions, photos, videos, and other information to a forum available to the public (“Public User Content”). You are solely responsible for the Campaign Entries or other Public User Content (collectively, “Content”) you upload, publish, display, link to, or otherwise make available (hereinafter, “post”) through the Service. You agree we are only acting as a passive conduit for online distribution and publication of your Public User Content. You understand that whether or not such Public User Content is published, we do not guarantee any confidentiality with respect to any Public User Content. By displaying User Content, you grant us a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it to any and/or all media.
User Content must be your own and must not be invading any third-party's rights. We reserve the right to remove any User Content from this Platform at any time without notice.
You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit.
Restrictions on Content. You agree not to post Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content you know is not correct and current. You agree that any Content you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights (e.g. copyright, trademark, patent, etc.), rights of publicity, and privacy. You shall have the onus of the copyrighted content you share with Poocho, and Poocho shall not have any liability on such contents whatsoever. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Content you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. We are not responsible for any public display or misuse of your Content. You understand and acknowledge you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree we shall not be liable for any damage you allegedly incur as a result of such content. Furthermore, we exercise no editorial control over Content posted by Participants for the Service and are not responsible for and do not monitor such content for accuracy or reliability.
User License to Us. You retain all your ownership rights in your Public User Content. By posting any Public User Content on the Service, you expressly grant, and represent and warrant you have a right to grant to us a royalty-free, sublicensable, transferable, revocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Public User Content without your name as contained in your Public User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and our (and our successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your Public User Content through the Service, and to use, reproduce, distribute, display, and perform such Public User Content as permitted through the functionality of the Service and under this Agreement. The above licenses granted by you in your Public User Content terminate within a commercially reasonable time after you remove or delete your Public User Content from the Service.
Comments about Service. You may choose to send us comments or ideas about the Service, including without limitation, about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree your disclosure is gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation. You hereby assign any rights in such Ideas to Poocho, without payment to you. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
Additional Content Representations and Warranties. You represent and warrant:
• You have the consent of each and every identifiable natural person in the Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement.
• Your Content and our use thereof as contemplated by this Agreement and the Service shall not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights, and rights of publicity.
• We may exercise the rights to your Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
Our License to User. Subject to and conditioned on your compliance with this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable license to access and, if you are a Participant, to use the Service internally and for the purpose of completing Campaigns and receiving the services available and authorized from the Service. You agree to not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any content of the Service in any way for any public or commercial purpose without our prior written consent or that of the rights holder. You agree to not use any content of the Service on any other website or in a networked computer environment for any purpose except for your own internal purposes. You agree to not attempt to reverse engineer or attempt to interfere with the operation of any part of the Service unless expressly permitted by law. The Service or any portion of the Service may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose not expressly permitted by us. We and our licensors retain all our rights, title, and interest in and to all patent rights, inventions, copyrights, know-how, and trade secrets relating to the Service. Our logos and names are trademarks and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Service may be the trademarks of their respective owners. Except as expressly stated above, nothing in this Agreement confers any license under any of our or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise.
Open Source Software. Some open-source software may be incorporated into the Site or App under a separate license, such as free software, open-source, or other licenses. In the event of a conflict between this Agreement and any such separate license, the separate license will prevail with respect to such open-source software.
Governing Law & Jurisdiction. These Terms shall be governed by and construed in accordance with the Arbitration and Conciliation Act 1996, or such similar laws of India, which are not in conflict with each other. Such shall be subjected to the exclusive jurisdiction of the competent courts of Mumbai, India.
Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. Poocho and you agree that Poocho and you will resolve any Claims on an individual basis and that any Claims brought under this Agreement or in connection with the Service will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Poocho and you further agree that Poocho and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under this Agreement or in connection with the Service. If any court or arbitrator determines that the class action waiver outlined in this paragraph is void or unenforceable for any reason or that a lawsuit can proceed on a class basis, then the Claims must be litigated in state court.
Disclaimer. These Services provided are on an “as is” basis. The Company makes no representations or warranties of any kind (express, statutory or implied) as to the operation of the Services, provision of Services or the information, content, materials, or products included on the Platform, or in association with the Services or any third -party websites or services. The Company will not be held responsible for any unethical, illegal acts performed by the users of the Platform and the action of each of the users shall be their own responsibility.
The Company disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, quality of service, and fitness for a particular purpose and shall not be responsible for any loss of data, loss of profits, or any kind of misuse (statutory or otherwise) by any of its users individually or during their interaction with each other.
POOCHO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT OF ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE, AND POOCHO SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. POOCHO WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED THROUGH THE SERVICE.
Except as provided above, there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.
Term; Termination and Suspension; Survival. This Agreement shall become effective as your contractual agreement upon your acceptance of this Agreement or your use of the Service, and shall continue until your account is terminated by you or us as provided for under the terms of this Section. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by this Agreement at any time upon notice to the other party. Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your account or a Campaign, and refuse to provide any or all Service functions to you if: (a) you breach the letter or spirit of any terms and conditions of this Agreement or the information incorporated herein by reference, including our written policies and procedures posted on the Service or linked here; (b) we suspect or become aware that you have provided false or misleading information to us; (c) we believe in our sole discretion that your actions may cause legal liability for you, us or other Service users or are contrary to the interests of the Service; or (d) you breach the letter or spirit of any Researcher terms and conditions for a Campaign in which you participate.
Once indefinitely suspended or terminated, you must not continue to use the Service. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the Service or otherwise reduce fees owed to us, you agree to pay us for all fees owed to us and reimburse us for all losses and costs (including any and all employee time) and reasonable expenses (including attorney fees) related to investigating such breach. When your account is terminated for any reason mentioned herein, you may no longer have access to data, messages, files, and other material you keep on the Service, such as your Public User Content. The material may be deleted along with all your previous posts and materials. Even after this Agreement is terminated, any provisions of this Agreement, which by their express language or by their context are intended to survive the termination of this Agreement (including without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, ownership of intellectual property and data), shall survive such termination.
LIMITATION OF LIABILITY. IN NO EVENT SHALL POOCHO OR RESEARCHERS WHO OFFER STUDIES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DAMAGES FOR SERVICE INTERRUPTIONS, LOSS OF DATA OR BREACH OF DATA OR SYSTEM SECURITY, LOST OPPORTUNITIES OR PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST SAVINGS, OR LOSS OF GOODWILL) ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF POOCHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. THIS INCLUDES, BUT IS NOT LIMITED TO, NOT BEING LIABLE FOR ANY DAMAGES RELATED TO DOWNLOADING OR RUNNING MOBILE OR OTHER APPLICATIONS, INCLUDING POOR PERFORMANCE ISSUES, “CRASHES” IN OPERATING SYSTEMS, INTERRUPTION OR DENIAL OF SERVICE, LOSS OF DATA, OR ANY OTHER ADVERSE EFFECT TO YOU AS A RESULT OF USING THE SERVICE OTHER THAN THAT WHICH IS DUE TO OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE. IN ANY CASE, THE TOTAL AGGREGATE LIABILITY OF POOCHO OR AN APPLICABLE RESEARCHER TO YOU, A PARTICIPANT, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY USE OF THE SERVICE SHALL BE LIMITED TO THE GREATER OF (A) TOTAL COMPENSATION PAID TO YOU OVER THE PREVIOUS SIX (6) MONTHS PRIOR TO THE DATE WHEN THE CLAIM AROSE OR (B) Indian National Rupees Five Thousand only (5000) INR.
Indemnity. You agree to defend, hold harmless and indemnify Poocho, and their respective partners, employees and agents and, as applicable, Researchers from and against any and all losses, costs, expenses, damages, or other liabilities, including attorneys’ fees, incurred by us and from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us: (a) in connection with your use of the Service; or (b) resulting from: (i) any breach of contract or other claims made by Researchers with which you conducted business through the Service; (ii) your breach of any provision of this Agreement or Researcher’s Additional Terms; Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our cost and expense. We reserve the right to report any wrongdoing, of which we become aware, to the applicable government agencies or otherwise.
Communications from Us to You. Unless you otherwise indicate in writing to us, we will communicate with you by email or by posting communications on the Service. You consent to receive communications from us electronically and agree these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when we send it to the email address you have provided to us, or when we post such communication on the Service. You must keep your email address updated on the Service, and you must regularly check the Service for postings. If you fail to respond to an email message from us regarding a violation, dispute, or complaint within two (2) business days, we have the right to terminate or suspend your Campaigns or your account.
Miscellaneous Terms and Conditions. You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of the Service may not be legal for or by certain persons or in certain countries. We will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorized representative. No delay or omission by us in exercising rights or remedies will impair any rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. You will not transfer, assign or delegate your rights or obligations (including your Account) under this Agreement to anyone without our express written permission, and any attempt to do so will be null and void. We may assign this Agreement in our sole discretion. This Agreement, together with any other legal notices and agreements published via the Service, shall constitute the entire agreement between you and us concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
The Service is controlled and operated from its facilities in India. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Indian and local laws and regulations, including but not limited to export and import regulations. You may not use or access the Service if you are located or a resident in a country or territory that is, or whose government currently is, the target of sanctions, embargoes or trade restrictions imposed by any Indian government authority, or are a foreign person currently included on the blacklisted or blocked person list of the Indian government. Neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to act of God, labor disturbances, accidents, fires, floods, power, telecommunications or internet failures, strikes, terrorism, wars, riots, rebellions, blockades, pandemic, epidemic, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay. The boldface paragraph headings in this Agreement are included for ease of reference only and have no binding effect. This Agreement supersedes all prior agreements between the parties regarding the subject matter contained herein.
Severability. If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms. Poocho is permitted to revise these Terms at any time as it sees fit, and by using this Platform you are expected to review these Terms on a regular basis.