Cheil Perfect Store Application Privacy Notice and Terms and Conditions

Privacy Notice

Cheil India Pvt. Ltd. along with our affiliates and subsidiaries (“we” or “Cheil India”), respect your concerns about privacy. This Privacy Notice applies to the personal information we collect through your use of the services (“Services”) provided through Cheil Perfect Store Application (“CPS”). This privacy notice will help you understand what information we collect, how we collect it and how you can update and manage your information.

It does not apply to information collected by other apps, websites or services provided by us. Cheil India is the data controller for the processing of personal data. 

By accessing or using our Services, you signify that you have read, understood and agree to our collection, storage, use, maintenance and disclosure of your personal information as described in this Privacy Notice and Terms and Conditions of Services. 

If you do not agree with the terms of this privacy notice please do not use the services provided by CPS.

1. Information We Collect

Through CPS and your use of CPS, we obtain and maintain the following information about you (collectively, “Information”):

A. CPS app collects location data for attendance purpose only when user is checked-in, even, the app is closed or not in use.

B. Personal Information Directly Provided:- We may collect and store personal information you register for our Services or provide to us in any other manner. For example, when you register with the Services, we collect your email address, mobile phone number, password, and face image. We may also collect any communications between you and us, any information you provide if you take part in any interactive features of the Services, and any information you provide to us otherwise.

C. Data collected through the use of the Services:- After you set up your account, we collect information about how you use the Services and about your actions on the Services, including your work schedule, your availability, and your time records.

D. Information we receive from third parties:- From time to time, we may receive information about you from third parties, such as identity verification, payroll vendors and other information. We may also collect information about you that is publicly available.

E. We, and our third party partners, automatically collect certain types of usage information when you use our Services. We typically collect this information through a variety of tracking technologies, including:-

F. We collect information about your device and its software, such as your IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp, a unique ID that allows us to uniquely identify your browser, mobile device or your account, and other such information. When you access our Services from a mobile device, we may collect unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), or Google (AdID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device’s location by analyzing other information, like an IP address, SSID and mac address of nearby wifi AP. We may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Services and to understand more about the demographics of our users.

2. Types of Personal Information/Data collected:

• Name
• Contact information
• Login and account information including unique user ID and password
• Device IDs, Network access, storage information on device, battery information
• IP addresses, referred headers, web beacons and tags etc. 
• Other relevant information


3. Purpose 

We use Information to learn about you and to help us personalize and improve your experience on CPS. We also use the personal and non-personal information collected in the following manner:

i) to operate, maintain, and provide to you the features and functionality of the Services, 
ii) to compile analytics and share performance data on a de-identified or aggregate basis, 
iii) to send you email communications that contain information about our products or Services or Service-related emails or messages (e.g., account verification, messages and schedules, change or updates to features of the Services, technical and security notices), 
iv) to provide you with customized services, 
v) to identify you, 
vi) provide and monitor the effectiveness of the Services, 
vii) monitor the user’s usage pattern of the Services, and 
viii) otherwise to improve our Services. 

4. Information Sharing

Your use of our Services will involve the transfer, storage, and processing of your personal information within and outside of your country of residence, consistent with this Privacy Notice. In particular, your personal information will be transferred to the Republic of Korea. Please note that the data protection and other laws of countries to which your information may be transferred might not be as comprehensive as those in your country. In particular, we may share your personal information with:

A. Other users of the Services, as needed to provide the Services to you. For example, some of your information may be shared with your employer, your principal employer and with other employees of the same employer in order to facilitate scheduling, timekeeping, performance monitoring and communication. We also share information about your use of the Services with your employer for analytic purposes. For example, we provide reporting tools to allow an employer to evaluate the efficiency of its workforce, and its employees’ responsiveness and availability;

B. Samsung India Electronics Pvt. Ltd. and Cheil Worldwide Inc. in connection with analytic and maintenance services for CPS;

D. Other parties in connection with any company transaction, such as a merger, sale of all or a portion of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy or related or similar proceedings; 

E. We will not sell, distribute or lease your personal information to third parties unless we have your permission or is required by law to do so. However, we reserve the right to disclose information to third parties if we believe we are required to do so by law or have a good-faith belief that such access or disclosure is reasonably necessary to (i) satisfy any applicable law, regulation, court order, legal process or other government request, (ii) enforce our Terms and Conditions, including the investigation of potential violations thereof, (iii) investigate and defend ourselves against any third party claims or allegations, (iv) protect the rights, property or safety of Cheil India, its users or the public as required or permitted by law and (v) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.

F. Others in an aggregated and anonymous form that does not reasonably identify you directly as an individual.

5. Your rights in the personal information collected

Further, you have the right to request the following in regards to your personal information:

• Complete access to the personal data collected by us
• Correction of any personal data in case the same as collected by us is inaccurate or inadequate 
• Complete or partial erasure/ deletion of personal data
• Right to object the processing of any personal data ( by providing legitimate grounds only)
• Withdrawal of consent with regards to collection of data in case consent has already been provided by you (services shall be restricted accordingly) 

6. Information Security 

We’ve put in place physical and technical safeguards to keep the information we collect secure. However, please note that although we take reasonable steps to protect your Information, no website, Internet transmission, computer system, operation of mobile application or wireless connection is completely secure.

7. How Long Do We Keep Information 

We take appropriate steps to ensure that we process and retain information only for as long as is necessary for the purpose for which it was collected, is processed, or longer if required under any contract, by applicable law, or for statistical purposes, subject to appropriate safeguards. Unless required otherwise by law, your Information will be deleted after one year of your resignation from current position. 

8. Updates 

As the CPS is regularly updated and, we may keep adding new features and services, which in turn will affect our privacy policies. Therefore, we may update this Privacy Notice periodically to reflect changes in our personal information practices with respect to the Services or changes in applicable law. We’ll acquire your consent for the change by showing up the updated Privacy Notice when you are using CPS solution.

9. Governing Laws

All disputes arising out of or relating to the use of CPS or the privacy policy shall be governed by the applicable laws of India. 

10. Grievances and Disputes

In the event you have any grievances relating to the Privacy Policy, please inform us within 24 hours of occurrence of the instance from which the grievance has arisen, by writing an email to the Grievance Officer at ethics@cheil.com

Any dispute, controversy or claim directly or indirectly caused by, arising out of or relating to this Privacy Policy will be governed by the laws of India and will be referred to confidential, mandatory and binding arbitration in Gurugram, Haryana, India. The arbitration will be conducted on an expedited basis before a single arbitrator appointed by us, in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The arbitrator's award shall be substantiated in writing and will be final and binding on you and Samsung India. Subject to the above, you agree to submit yourself to the exclusive jurisdiction of the Courts in Gurugram, Haryana, India.

I have read and agree to the terms above.

Terms and Conditions

This Terms and Conditions (“Terms”) establishes the conditions by which the use of the mobile application titled Cheil Perfect Store (“CPS”) will be governed. The user agrees to read the terms and conditions set forth herein, prior to downloading the application. 

Installation of CPS signifies that you have understood and agreed to the terms and conditions herein in using the CPS.

1. Accepting the Terms  

In order to use the features provided by CPS, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by: (A) clicking to accept or agree to the Terms, where this option is made available to you in the user interface for the Services; or (B) by actually using the Services. In this case, you understand and agree that Cheil India will treat your use of the Services as acceptance of the Terms from that point onwards.


2. Services Provided and Requirement of Use

CPS provides comprehensive time and information management system through CPS. Specifically, user may use Services for the following purposes:
- Time management (including reporting of check-in /out, break time and staying hours in stores)
- Information in the form of notices and questionnaires in the form of surveys 

The user must have a smart mobile device (“Smartphone”) with Android operating system, Internet access and WIFI connection in order to utilize the Services. Cheil India will not be responsible for the security of Smartphone owned by users used to access the Services, nor for the availability of the Services on the devices on which CPS is downloaded.

3. Exclusion of Warranty

You expressly understand and agree that your use of the Services is at your sole risk. Services are provided on an “AS IS” and “AS AVAILABLE” basis. 

CPS is supplied without warranty of any kind, whether express or implied, including without limitation the guarantees of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement, therefore, Cheil India does not guarantee proper operation on the devices in which CPS is used. To the maximum extent permitted by law, Cheil India and its affiliates disclaim warranties that:

(a) Your use of the Services will meet your requirements
(b) Your use of the Services will be uninterrupted, timely, secure or free from error, and
(c) Any information you obtained as a result of your use of the Services will be accurate or reliable.

4. Use of the Services 

Cheil India may add, modify or eliminate certain features of the Services at any time, which the user accepts by installing the application. In any case, at the time of making such modifications, the user will be notified through the same mobile application once they log in. 
The response times, procedures and other requests made by the user through the application will be processed in accordance with the specifications of CPS system.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from India or other relevant countries). 

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), including but not limited to the following:

a) Use the contents in a manner, for purposes or effects contrary to the law, morality and generally accepted good customs or public order;
b) Reproduce, copy, represent, use, distribute, transform or modify the contents of the application or any features of the Services;
c) Use the Services in any way that entails a risk of damage or disablement of the application;
d) Delete, circumvent or manipulate any features of the Services or the application without express authorization from Cheil India;
e) Use the information of any kind obtained through the application or the Services for any purpose other than to perform user’s obligations related to its employment with Cheil India;
f) Allow third parties to use the mobile application with your password; and
g) Use the application and the contents for lawful and / or illegal purposes, contrary to what is established in these Terms, or to the use of the application itself, in any way that may damage, disable, overload or deteriorate the application.
You agree that you are solely responsible for (and that Cheil India has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Cheil India or its affiliates may suffer) of any such breach.

5. Proprietary Rights  

You acknowledge and agree that Cheil India (or Cheil India’s licensors) owns all legal right, title and interest in and to CPS, including any intellectual property rights which subsist in the application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). All the contents in the application are protected by the rules on copyright and by all applicable national and international standards.

Except as expressly provided in these Terms, any act of copying, reproduction, modification, creation of derivative works, sale or distribution, display of the contents of this application, in any way or by any means, including, but not limited to, electronic or mechanical photocopying, recording or other means, without the prior written permission of Cheil Worldwide Inc. or the owner of the respective rights is prohibited.

Unless you have agreed otherwise in writing with Cheil India, nothing in the Terms gives you a right to use any of Cheil India’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. 

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the application or the Services. 

6. Limitation of Liability 

Neither Cheil India nor its affiliates shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however cased and under any thirty of liability. This shall include any loss of profit (whether incurred directly or indirectly), loss of good will or business reputation, loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss. This limitation of liability shall apply whether or not Cheil India has been advised of or should have been aware of the possibility of any such losses arising. 

7. Privacy

By downloading CPS, you accept and authorize Cheil India to use your data as the data controller for purposes more specifically set forth in Privacy Notice. You authorize the processing of your information in accordance with the Privacy Notice. For more information, please refer to the Privacy Notice.