Welcome to Skara!

Skara offers a no-code white label, video on demand (“VOD”) service for businesses (“you”, “your”, or “User”) to create their own OTT (“Over the Top”) platform and launch their video streaming website and mobile-based software application (“Services”).[1]

We, Flixbox Solutions LLP (trading as “Flixbox[2]”), are committed to protecting any data we collect concerning you. The purpose of this privacy policy (“Privacy Policy”) is to enable you to understand what personal information of yours is collected, how and when we might use or share your information, and how you can correct inaccuracies in the information.[3] Our Privacy Policy is incorporated as a part of the Terms of Service (“Terms”) in by using the domain name www.skara.app,www.skara.live and www.skara.work. By availing our Service, you agree to the use, collection, and disclosure of the data we collect in accordance with this Privacy Policy. For the purposes of this Privacy Policy. “we”, “us”, or “our”, “Flixbox” shall refer to Flixbox Solutions LLP[4] We will adhere by the laws in place that create offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup systems).

The Privacy Policy applies to all who sign up for Services from domain the name www.skara.app, www.skara.live and www.skara.work. You do not have the obligation to provide any information, including sensitive personal information or any other information to us.[5] Notwithstanding the foregoing, you will not be able to obtain our Services or access our website and our and mobile application (“Platform”) if you do not provide information that is stated in this Privacy Policy. We have also published our Privacy Policy on our Platform.

1.             TO WHOM THIS PRIVACY POLICY APPLY

1.1         This Privacy Policy applies to everyone who uses our Platform and services, but sometimes we direct parts of it toward particular groups of users.

1.2         Users: "Users" are everyone who use our services and access our Platform whether registered or unregistered.[6]

2.             THE INFORMATION WE COLLECT AND HOW WE USE IT

2.1 When you use our Services, we need to know your personally identifiable information like name, email address, mobile number (“Personal Information”)[7]. Other than Personal Information we may also use is information such as your business/organisation name; your business/organisation expertise, which shall include but limited to the content you make and provide such as filmography, education and training, health and fitness etc.; your user’s password, your user’s email ID; your usage preference, logs which are created when you access and use the Platform, local caches on your browser, your location, internet protocol address (“IP address’”).These are just examples, and the list is by no means exhaustive. (“Other Information”).

2.2 We gather this information to allow us to process your registration, open an account for you. The relevant information is then used by us, our employees, and sub-contractors to provide you with a statement of your account and to communicate with you on any matter relating to conduct of your account and anything relating the Services provider to you thereto.

2.3 We, and our affiliates may also wish to provide you with information about special features of any other service or products which we think may be of interest to you. If you would rather not receive this information, please send an e-mail message mentioning that you do not wish the information from your registered e-mail address to support@skara.app.

2.4 We may periodically conduct customer surveys. Participation in our customer survey is voluntary. However, we encourage you to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information, if provided, will remain confidential, even if the survey is conducted by a third-party on our behalf.

2.5 Our Platform includes social media features (such as the Facebook “Like” button, Instagram “Follow” button etc). These features may collect your IP address and which page you are visiting on our platform and may set a cookie to enable the feature to function properly, social media features and widgets may be hosted by a third-party or direct on our website. Your interaction with these features is governed by the privacy policy on the company providing the feature.

2.6 We use IP addresses to analyse trends, administer our platform, site and servers, track access, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. However, it is possible that personal information about customer may be included in the log files due to normal function of IP addresses and web browsing.[9]

2.7 The payment made to us for using our Services will be carried out by Stripe, a third-party payment vendor entities who may collect your name, email address, mobile number, credit/debit card number, Card Verification Value (“CVV”), Unified Payment Interface (“UPI”), billing address or any other such information that may be necessary for you to complete the payment transaction. Please note that we would not be using or storing such information at any stage.

2.8 This Privacy Policydoes not apply to data or personal information that are submitted to, or collected by, third-party websites hosted by us or to domain names registered by us. Such websites and domain names are not owned or controlled by us. You should independently evaluate the privacy policies of such third-party websites before submitting your data or personal information to them.

2.9 When you register using your other accounts such as Facebook, Twitter, Gmail, etc., we shall retrieve information from those accounts to continue to interact with you and to continue providing the Services.

3.             COOKIES AND TRACKING

Your internet browser has the built-in facility for storing small text files called “cookies” that hold information which allow a website to recognise your account. We use cookies to save your preferences and login information, and to provide personalised functionality. We may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our telecommunications networks. More specifically, we use different types of cookie for different purposes: (i) “required cookies” are necessary for our Services so we can measure and improve the performance of our Services to work properly, (ii) “performance cookies” allow us to analyse how visitors use our Services so we can measure and improve the performance of our website, and (iv) “advertising cookies” are used to present ads that are relevant to your interests. We may utilize cookies to track referrals from internal and external affiliates, as well as advertising campaigns. We may also use a third-party service provider to send email that you have agreed to receive. Pixel tags and cookies maybe used in those email messages to help us measure the effectiveness of our advertising and to enable us to provide more focused marketing communications to you. You can reject cookies by changing your browser setting but be aware that this will disable some functionality of our website.

4.             PROTECTION OF YOUR INFORMATION[10]

4.1 We have put in place appropriate security procedures for the protection of your information. We have taken reasonable measures to secure our computer resources, digital infrastructure as applicable to us applicable to us from time to time.[11]

4.2 User-Generated Content: If you use our user-generated content services, like posting a question, answer or blog on ourPlatform, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.

4.3 Protecting Ourselves and Our Users: We may release personal information when we believe that doing so is appropriate to comply with a legitimate law, regulation, or legal request; to enforce or apply our policies; to initiate, render, bill, and collect for amounts owed to us; to protect our rights or property; to protect the safety of our users; to address fraud, security, or technical issues; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

5.             SALE OF BUSINESS

If we are involved in a merger, acquisition, or sale of all or material portion of its assets, change in corporate control, or insolvency or bankruptcy proceedings, you will be notified via a public notice that will be placed on our website detailing the change of such ownership.  Your details may be disclosed to our adviser and any prospective purchaser’s advisers and will be passed to our successor.  You will be intimated if there is any change of purpose for which your Personal Information is collected under this Privacy Policy.

6.             UPDATING YOUR DETAILS

6.1         We shall permit you to review your personal information or sensitive personal data that is held by us, or our Affiliates and correct such information shall be amended or corrected as feasible.

6.2         Notwithstanding anything contained in Clause 6.1 of this Privacy Policy, we shall not be responsible for the authenticity of the personal information or sensitive personal data or information supplied by you or your employees and affiliates to us and our affiliates.

6.3         If any of the information that you have provided to Flixbox changes, such as your email address, name or payment details or if you wish to cancel your registration, please let us know the correct details by sending an e-mail to [•].

7.             PERSONAL INFORMATION SHARED IN PUBLIC FORUM

       Any information you may disclose or post on public areas of the internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas. In some cases, we may not be able to remove your personal information, in which case we will give you a reason why we are unable to do so.

8.             USE BY MINORS

This website is not directed towards persons who are under the age of 18 (‘Minors’), and we do not seek to collect any information from Minors. If we become aware that personal information from a Minor has been collected, we will use all reasonable efforts to delete such information from our database.

9.             CHANGES TO THIS POLICY

We reserve the right to revise, amend, or modify this Privacy Policy at any time and in a manner, including the Subscription Fee and the Subscriber Fee as described in the Terms. However, if we plan to materially change how we plan to use or disclose previously collected personal information, we will provide you with 15 (fifteen) days’ advance notice prior to the change becoming effective and an opportunity to opt-out of such uses. We encourage periodically review this page for the latest information on our privacy practices.

10.         SHARING, STORAGE AND TRANSFER OF INFORMATION

10.1   We will share information we collect from you, including the personal information with a third-party if we in good faith believe it is required for the purpose of our compliance with applicable law, regulation, legal process or enforceable governmental request/ action or any manner required for the purposes of protecting our rights or interests.

10.2   We may also share information with:

                    i.          Links: The Platform may contain links to unaffiliated third party websites. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third-party websites.

                  ii.          Investigation: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Site; or (c) protect our rights, reputation, property, or that of our users, affiliates, or the public.

                iii.          Aggregate Information: We may share user information in the aggregate with third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements.

                iv.          Age Restrictions: We do not intend to target our services to minors under the age of 18 years. If you provide us with personal information, you represent that you are at least 18 years old. We do not knowingly request, solicit, or collect personal information from any person known to be under the age of 18.

10.2   From time to time, we make the email addresses of those who access our Platform available to other reputable organisations whose products or services we think you might find interesting. If you do not want us to share your email address with other companies or organisations, please let us know by emailing us at support@skara.app.

10.3  Persons who supply us with their mobile number online may receive telephone calls or text messages from us with information regarding new products and services or upcoming events. If you do not wish to receive mobile phone calls or text messages, please let us know by emailing us at support@skara.app.

10.4 For mobile products (whenever we introduce), we use third-party service providers for the limited purpose of helping us analyze your mobile Log Data and location data, so that we can improve and localize our Services, show you relevant advertisements, and study the way our mobile user interacts with our Platform and Services.

10.5  Your data can be transferred to a location that may be outside the territorial jurisdiction of the Republic of India. Such jurisdiction may not have a similar data protection legislation as your home jurisdiction.  However, we have taken the steps to try to improve the security of your information. By submitting your information, you consent to these transfers.

11.         PROHIBITIVE CONTENT

11.1   You shall not use our Services or the Platform to publish, host, display, transmit, store, update or share any information or personal data that belongs to another person to which you do not have any right, authorisation or lawful consent.

11.2  You shall not use our Services or the Platform to publish, host, display, transmit, store, update or share any information or personal data that is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including but not limited to bodily privacy, insulting harassing on the basis of gender, racially or ethically objectionable, relating or encouraging money laundering or gambling, or promoting enmity on the grounds or religious, caste, race, creed or gender with the intent to incite violence or otherwise that is harmful to children.

11.3   You shall not use our Services or the Platform to infringe any patent, trademark, copyright, or proprietary rights.

11.4   You shall not use our Services or the Platform to upload software virus, or any other computer code, file, programme, malware, trojan software, spider software that is designed to interrupt, destroy, or limit the functionality of the any our resource or the resources of a third party who is directly or indirectly impacted by such upload.

11.5   You shall not use our Services or the Platform to impersonate any third person.

11.6   You shall not use our Services or the Platform to publish, host, display, transmit, store, update or share any information or personal data deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or is otherwise identified as fake or false by the Government of the Republic of India, or any other state government, tribunal or court.

11.7You shall not use our Services or the Platform to host, store or publish any unlawful information, which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offence relating to the above, or any information which is prohibited under any law for the time being in force. In such cases we reserve the right to remove or disable access to that information, as early as possible if instructed by the Government of India, state governments, courts, tribunal, or any other body authorised under the law of the Republic of India.[12]

11.8You shall only share that information with us that is specifically mentioned in Clause 2 of this Privacy Policy, any other information shared to us that does not pertain the Service will be stored with us for a period of 182 (One hundred and eighty two) days and shall be subsequently destroyed without any intimation. Further, we shall not be liable for any pecuniary or other losses that you may incur due to the destruction of such data, nor shall we be legally liable for the destruction for the storage and destruction of such data shared to us.

12.         TERMINATION OF USAGE

We reserve the right, in our sole discretion, to prevent you from using / accessing / browsing the entire or restricting certain areas of this Platform and the Service (or any part of them), without being liable to assign any reasons for the same. We can also delete any content of the User on our discretion. We can also delete any of your content if it does not fit into our community standards. We can also delete any of your content if it is reported by another user. All the above points can be implemented without notice.

13.         YOUR CONSENT

By submitting your information, you consent to the use of that information as set out in this Policy.  The information provided may be transferred and store to a location that is outside India, the European Economic Areas, United Kingdom,California, United States of America and People’s Republic of China, if you are based out of the said location then you hereby give a specific and informed consent to allow us to transfer and store information in a territory outside your jurisdiction.[13]

14.            USERS RIGHT TO OPT OUT

14.1     You have the right to opt out of the Platform or any part of our Service through the link [•]. We rely on this to identify the opted-out user. We will not be able to identify as opted-out user if you:[14]

                                  i.Clear the cookie from the browser,

                                ii. Use a different browser, or
iii. Use a different computer.

14.2     We will discontinue tracking activities for opted-out users. This means that we will not track an opted-out user’s behaviour or display customised ads to the user. However, an opted-out user may be able to view suggestions by us pertaining to marketing, branding or promotional campaigns.

15.    GENERAL TERMS

 15.1   The Platform uses this website and mobile-based Software Application where users can share their experience/stories etc via video, audio, motion pictures, text, and pictures.

15.2   You hereby acknowledge and agree that the use of this Platform and use of any Services through the Platform are each subject to the Terms of Services.

15.3    You understand and acknowledge that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond our control, and we shall in no event be responsible for any data lost while transmitting information on the Internet.

15.4        As a part of continuing process, we shall make all commercially reasonable efforts to ensure that the Platform is accessible at all times, however You acknowledge and agree that we may discontinue or suspend providing the services and/or Platform (or any features within the services and/or the Platform) to You or to users generally at its sole discretion, without prior notice. The User may at any time stop using the services/Platform and is under no obligation to inform us of the same.

15.5        You further acknowledge that the Platform may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and accepts that due to circumstances both within and outside of our control, access to the Website may be interrupted, suspended, or terminated from time to time.

15.6        We do not warrant that the content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

15.7          Browsing on the Platform is free for buyers and visitors. We reserve the right to change its Fee Policy anytime without giving any prior notice to this effect. In particular, we have the sole discretion to introduce new services, offers, promotion and modify some or all of the existing services offered on the Website. In such an event we reserve the right to charge fees for the new services offered or amend/introduce fees for existing services, as the case may be.

15.8          The courts in Guwahati, Assam shall have the exclusive jurisdiction in relation to any disputes/concerns arising out of this Privacy Policy.

15.9          We shall constantly monitor and analyse the method and the manner you and your/user use our Service and Platform. However, we shall not be obligated or liable to rectify errors, change content or be statutorily responsible for your/your users’ conduct while you/your user are using our Service and Platform.

16.              GRIEVANCE OFFICER

16.1.        If you have grievance with respect to any infringement of your privacy of your personal data or your content, you can request in writing or through email signed with electronic signature identifying the content alleged to be in infringement of your rights as the rightful owner or affecting you prejudicially.

16.2.    You should, thereafter, provide your contact information including email address, address, and mobile phone number where you can be contacted if required.

16.3.        Giving a declaration cum undertaking along with necessary documents establishing you:

                    i.          as the rightful owner of the content to be disabled/affecting you prejudicially,

                  ii.          as an affected person, stating that the information submitted is true, complete, and accurate and no material fact has been hidden, and stating that information submitted its true, complete and accurate and no material fact has been hidden, and also stating that Flixbox, its Affiliates, employees, including Grievance Officer shall not be liable for any loss or damage or claim for relaying on such requests.

16.4.        You may forward your request/ complaints to Grievance Officer:[15]

         Name: Ankita Saikia

         Contact: Email: ankita@skara.app

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[1]JSA Comment: Please confirm if we have captured the business correctly.

[2]JSA Comment: Please confirm the name of the company/business entity that owns the Skara brand name.

[3]JSA Comment: In addition, Flixbox as an intermediary shall periodically, and at least once in a year, inform its user in English or any language specified in the Eighth Schedule to the Constitution in the language its choice of its rules and regulations, privacy policy or user agreement or any changes made therein.

[4]JSA Comment: Same as above.

[5]JSA Comment:Pursuant toRule 4(7) of theInformation Technology (Reasonable Security Practices Procedures and Sensitive Personal data or Information) Rules, 2011, Flixbox has the obligation to offer to the users an option to not share information including sensitive personal data or any other information from the user. However, Flixbox does not have the obligation to provide and goods or service if the information required is not furnished by the user.

[6]JSA Comment: Please confirm if the service description specified in Clause 1 is exhaustive. 

[7]JSA Comment: Please confirm if there is a requirement to collect any other personal information of the user for the services they provide.

[8]JSA Comment: Flixbox to note that a separate email address should be created for the purpose mentioned in Clause 2.3 of this Privacy Policy.

[9]JSA Comment: 2.5 and 2.6 are generally used for websites and may not be relevant for services being provided by Flixbox. Accordingly, the same may be deleted.

[10]JSA Comment:Pursuant to Rule 8 of the Information Technology (Reasonable Security Practices Procedures and Sensitive Personal data or Information) Rules, 2011 (“Security Rules”), Flixbox would need to maintain and implement security practices and standards and have a comprehensive documented information security programme and information security policies that contain managerial, technical, operational and physical security control measures that are commensurate with the information assets being protected with the nature of business.IS/ISO/IEC 27001 is one such standard prescribed under the Rules. Flixbox would need to implemented either IS/ISO/IEC 27001 standard or the codes of best practices for data protection as approved and notified under Security Rules provided that such standard or the codes of best practices have been certified or audited on a regular basis by entities through independent auditor, duly approved by the Central Government.

[11]JSA Comment: Please note that pursuant to Computer Emergency Response Team guidelines (“CERT-in Guidelines”) Flixbox would need to do the following:

·                 Clause (i) By virtue of being an intermediary Skara should connect to Network Time Protocol Service of National Information Centre (NIC) or National Physical Laboratory (NTP) or with NTP servers traceable to these NTP servers, for synchronisation of all their ICT system clocks. Entities having ICT infrastructure spanning multiple geographies may also use accurate and standard time source other than NPL and NIC, however it is to be ensured that their time source shall not deviate from NPL and NIC.

·                 Clause (ii) By Virtue of being an intermediary, Skara shall mandatorily report cyber incidents in the prescribed format to CERT-In within 6 hours of noticing such incidents or being brought to notice about such incidents. The incidents can be reported to CERT-in via (incident@cert-in.org.in), Phone (1800-11-4949). The details regarding methods and formats of reporting cyber security incidents is also published on the website of CERTI-IN www.cert-in.org.in and will be updated from time-to-time.

·                 Clause (iii) When required by order/direction CERT-In, for the purpose of cyber incident response, protective and preventive actions related to cyber mandated to take action or provide information or any such assistance to CERT-In, which may contribute towards cyber security mitigation actions and enhanced cyber security situational awareness.

·                 Clause (iv) By virtue of being an intermediary, Skara shall mandatorily enable logs of all their Information Communication Technology (ICT) systems and maintain them securely for a rolling period of 180 days and the same shall be maintained within Indian jurisdiction. These should be provided to CERT-In along with reporting of any incident or when ordered/directed by CERT-In.

Pursuant tothe Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediary Rules”),Flixbox to note that there are additional compliances that needs to be followed :

·                 As per Rule 3(c)of the Intermediary Rules, Flixbox should periodically inform its users, at least once every year, that in case of non-compliance with rules and regulations, privacy policy or user agreement for access or usage of computer resource of such intermediary, it has the right to terminate the access or usage of rights of the user to the computer resource immediately or remove non-compliant information or both, as the case may be;

·                 As per Rule 3(1) (k) of the Intermediary Rules Flixbox as an intermediary shall not knowingly deploy or install or modify technical configuration or computer resource or become party to any act that may change or has the potential to change the normal course of operation of the computer resource that what is supposed to perform thereby circumventing any law for the time being in force.

[12]JSA Comment: The Intermediary Rules put the following obligations on Delta Exchange (India):

·            As per Rule 3(1)(d) of the Intermediary Rules, as an intermediary, on whose computer resource the information is stored, hosted, or published, upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the government or any of the governmental agency(ies), have the same obligation as is mentioned in Clause 11.7 of the Privacy Policy. Therefore, the responsibilities put forward to the user are equal responsibilities and obligations that Flixbox has provided under law.

·            As per Rule3 (g) of the Intermediary Rules, if  receives actual knowledge under Clause 11 of this Privacy Policy or has received grievance under Clause 16 of this Privacy Policy on any information which has been removed or access to which has been disabled, the intermediary shall, without vitiating the evidence in any manner, preserve such information and associated records for 182 (one hundred and eighty two days) for investigation purposes, or for such longer purposes, or for such longer period as may be required by the court and government/governmental agencies.

·            As per Rule 3(1)(h) of the Intermediary Rules,if Flixbox collects information form a user for registration on the computer resource, it shall retrain the information for a period of 182 (one hundred and eighty two days) after cancellation or withdrawal of registration.

·            As per Rule 3(1)(j) of the Intermediary Rules,Flixbox shall, as soon as possible, but no later than 72 (seventy-two) hours of the receipt of an order, provide information under its control or possession, or assistance to the Governmental agency which is lawfullyauthorised for investigation or protective or cyber security activities, for the purpose of verification of identity, or for the prevention, deletion, investigation, or prosecution, of offences under any offences.

[13]JSA Comment: Pursuant to Rule 7 of the Security Rules,Flixbox can only send information, including personal sensitive personal  information or any other information outside the Republic of India which has the same level of data protection as the Republic of India and that Flixbox must have a separate contract for such transfer for such information to be transferred.

[14]JSA Comment: Pursuant to Rule 4 (7) of the Security Rules,in reference Footnote No. 6, the user shall have an option to withdraw its consent that the user had given earlier to Flixbox . Such withdrawal must be done in writing. If the user has withdrawn its consent them then Flixbox shall have the option not provide and goods and services to the user.

[15]JSA Comment:Please note the following duties of the Grievance Officer:

·          Acknowledge the complaint within 24 (twenty-four) hours and resolve such complaint within a period of 15 (fifteen) days from the date of receipt.

·          Receive and acknowledge any order, notice or direction issued by the Government or any other competent authority, court, or other competent jurisdiction.

·          Intermediary shall, within 24 (twenty-four) hours from the receipt for a complaint made by an individual or any person on his behalf, in relation to any content which is on the face of it in the nature of any material which exposes private area of such individual, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, is the nature of impersonation in an electronic form, including artificially morphed images of such individual, take all reasonable and practicable measures to remove or disable access to such content which is hosted, stored , published or transmitted by the platform. Flixbox as an intermediary shall implement a mechanism for the receipt of complaints which may enable the individual or person to provide details, as may be necessary, in relation to such content or communication link.

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