Terms of use
Last updated: 06 August, 2022
Terms and Conditions of Use
The following terms and conditions (the “Terms of Use”) govern your use of the websites and mobile-optimized versions of the websites to which these Terms of Use are linked and which are owned or operated by Custard Apple Pictures Pvt Ltd and its subsidiaries (“Custard Apple,” “we” and “us”) (collectively, the “Websites”). The term “Websites” includes all subdomains of Websites and any content, code, data, services, features or functionality made available from or through the Websites. We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Websites. Changes in the Terms of Use will be effective when posted and your continued use of the Websites and/or the services made available on or through the Websites after any changes to the Terms of Use are posted will be considered acceptance of those changes. BY USING THE WEBSITES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE WEBSITES, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. If you do not agree to these Terms of Use, you may not access or otherwise use the Websites.
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO PARAGRAPH 26 and 27 BELOW, WHICH REQUIRES THAT CERTAIN DISPUTES BE SETTLED THROUGH MANDATORY BINDING ARBITRATION WHICH WILL PRECLUDE YOU FROM LEADING OR PARTICIPATING IN A CLASS ACTION.
PLEASE ALSO NOTE THAT WITH RESPECT TO PURCHASERS OF OUR PRODUCTS OR SERVICES IF ANY IN PRESENT OR NEAR FUTURE, WE RESERVE THE RIGHT TO CHANGE THE NUMBER OF ISSUES IN A SUBSCRIPTION TERM, INCLUDING DISCONTINUING ANY FORMAT, MAKE SUBSTITUTIONS AND/OR MODIFY THE MANNER IN WHICH THE SUBSCRIPTION IN DISTRIBUTED AS NOTED BELOW. YOU ARE RESPONSIBLE FOR PROVIDING US ANY ADDRESS CHANGES FOR YOUR ACCOUNT.
Ownership.
As between you and Custard Apple, excluding your Submitted Materials (as defined below), Custard Apple or its licensors own, solely and exclusively, all rights, title and interest in and to the Websites, including without limitation all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles and Shockwave files), code, data and materials thereon, the look and feel, design and organization of the Websites, and the compilation of the content, code, data and materials on the Websites, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, of its own kind rights and other intellectual property and proprietary rights therein. Your use of the Websites does not grant to you ownership of any content, code, data or materials you may access on or through the Websites. For more information about this, see the Custard Apple Data Policy which can be found here, and which is incorporated into these Terms of Use.Feedback.
If you provide Custard Apple any feedback or suggestions regarding the Websites (“Feedback”), including without limitation ideas, concepts, know-how or techniques relating to the functionality or design of the Websites, you hereby assign to Custard Apple all rights in the Feedback and agree that Custard Apple shall have the right to use such Feedback and related information in any manner it deems appropriate. Custard Apple will treat any Feedback you provide to Custard Apple as non-confidential and non-proprietary. You agree that you will not submit to Custard Apple any feedback that you consider to be confidential or proprietary.Limited License.
You may access and view the content on the Websites on your computer or other devices and, unless otherwise indicated in these Terms of Use or on the Websites, make single copies or prints of such content for your personal, internal use only. Use of the Websites and the services offered on or through the Websites are only for your personal, non-commercial use.Prohibited Use.
Any commercial or promotional distribution, publishing or exploitation of the Websites is strictly prohibited unless you have received the express prior written permission from authorized personnel of Custard Apple or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Websites. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Websites, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Websites. If you make other use of the Websites, except as otherwise provided above, you may violate copyright and other laws of the Republic of India and/or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. For web posting, reprint, transcript or licensing requests for Custard Apple material, please send your request to the following: mg@icustardapple.comMarks.
The trademarks, logos, service marks and trade names (collectively the “Marks”) displayed on the Websites or on content available through the Websites, are registered and unregistered trademarks or service marks of Custard Apple and third parties. All Marks not owned by Custard Apple that appear on the Websites or on or through the Websites’ services, if any, are the property of their respective owners. Nothing contained on the Websites should be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Websites without the written permission of Custard Apple or the third party that may own the applicable Mark. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks. Your misuse of the Marks displayed on the Websites or on or through any of the Websites’ services is strictly prohibited.Registration Information.
In the course of your use of the Websites, you may be asked to register or otherwise provide certain personalized information to us and/or to create a username and password (such information referred to hereinafter as “Registration Information”). Custard Apple’s information collection and use policies with respect to the privacy of such Registration Information are set forth in the Websites’ Privacy Policy which is incorporated herein by reference for all purposes (the “Privacy Policy”). You acknowledge and agree that you are solely responsible for your Registration Information. You represent and warrant that (a) all required Registration Information you submit is truthful, accurate, complete and correct; and (b) you will maintain the accuracy and completeness of such information. You will be responsible for maintaining the confidentiality of your password and username and for restricting access to your computer and information so others may not access our Websites using your Registration Information. We will not be responsible for misuse of your Registration Information by any third party, whether authorized by you or not. You are responsible for all activities that occur under your Registration Information. You agree to immediately notify Custard Apple of any unauthorized use, or suspected unauthorized use, of your Registration Information or any other breach of security. Custard Apple cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.Eligibility.
You must meet any age, geographic or other eligibility requirements specified on the Websites to subscribe to a news, magazine, publication, purchase products or service that we offer, to order anything online, to participate in certain contests, games or sweepstakes, or to access or participate in certain services at or areas of our Websites. By registering at those Websites, or for those features or services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual Website and vendor policies.Submitted Materials.
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Websites, by e-mail or in any other way. Any and all comments, information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent by you to us via any medium (including, for example and without limitation, photos, audio, video, messages, text, files or other content which you submit or post to our chat rooms, message boards, comment sections and/or our blogs, social media pages or feeds, or send to us via e-mail or Indian Postal Service or DHL, Blue Dart Express mail or any other such service provider/s) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Privacy Policy. By submitting or sending Submitted Materials to us, you:
(i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, (ii) that such Submitted Materials comply with these Terms of Use, including without limitation Sections 9 (Prohibited User Conduct) and 10 (Public Forums), and
(iii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, for any lawful purpose, including without limitation for promotional and/or commercial purposes. Without limiting the foregoing, you agree that if you choose to submit comments (e.g. a “letter to our editors” or an online review or comment) to us via any medium (including those noted above with respect to all Submitted Materials), we may publish these comments along with, at our sole discretion, your name, screen name and other information you have provided to us in our editorial publications in any form, media or technology now known or later developed. You hereby consent to this. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time. You are solely responsible for creating backup copies of your Submitted Materials if you desire. Under no circumstances will Custard Apple be liable for any inaccuracy or defect in any Submitted Materials.Prohibited User Conduct.
You warrant and agree that, while using the Websites you shall not:
(a) impersonate any person or entity or misrepresent your affiliation with any other person or entity;
(b) insert your own or a third party’s advertising, branding or other promotional content into any of the Websites’ content, materials or services (for example, without limitation, in an RSS feed or a podcast received from Custard Apple or otherwise through the Websites), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or
(c) attempt to gain unauthorized access to other computer systems through the Websites. You shall not:
(i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Websites or the services offered on or through the Websites, including without limitation any information residing on any server or database connected to the Websites or the services offered on or through the Websites;
(ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means;
(iii) use the Websites in any manner that may interrupt, damage, disable, overburden, or impair the Websites or its services, including without limitation, sending mass unsolicited messages or “flooding” servers with requests;
(iv) use the Websites in violation of Custard Apple’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Websites in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Websites, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Websites in any manner that could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of the Websites or any of their services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Websites.Public Forums.
Custard Apple may, from time to time, make messaging services, chat services, bulletin boards, message boards, comment sections, blogs, other forums including filmmakers forum and other such services available on or through the Websites. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Websites any Submitted Materials which
(i) restrict or inhibit any other user from using and enjoying the Websites,
(ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
(iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law,
(iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right,
(v) contain a virus, spyware, or other harmful component,
(vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or
(vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Custard Apple. You also may not offer to buy or sell any product or service on or through your Submitted Materials. You alone are responsible for the content and consequences of any of your activities.Right to Monitor; Editorial Control.
Custard Apple reserves the right, but does not have an obligation, to monitor and/or review all Submitted Materials and Custard Apple is not responsible for any such Submitted Materials. However, Custard Apple reserves the right at all times to disclose any Submitted Materials as necessary to satisfy any law, rule, regulation or government request, or to edit, refuse to post or to remove any Submitted Materials, in whole or in part, that Custard Apple considers to be, in Custard Apple’s sole discretion, objectionable or in violation of these Terms of Use, Custard Apple’s policies or applicable law. If Custard Apple elects to modify Submitted Materials, Custard Apple nonetheless assumes no responsibility for the Submitted Materials. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.Private or Sensitive Information on Public Forums.
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Websites and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them now or in the future. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in your comments to our public forums.Other Users.
Each Website user is solely responsible for any and all of its Submitted Materials. Because we do not control Submitted Materials, you acknowledge and agree that we are not responsible for any Submitted Materials and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Submitted Materials, and we assume no responsibility for any Submitted Materials. Your interactions with other Website users are solely between you and such user. You agree that Custard Apple will not be responsible for any loss or damage incurred as a result of such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved. You acknowledge that other users may post comments about your Submitted Materials which may be derogatory, and Custard Apple has no obligation to monitor or delete any such Submitted Materials. You hereby release and forever discharge Custard Apple (and our directors, officers, employees, agents, successors and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Website users. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”Linking to the Websites.
You agree that if you include a link from any other websites to the Websites, such link shall link to the full version of an HTML formatted page of the Websites. You are not permitted to link directly to any image hosted on the Websites or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on the Websites on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to the Websites in any manner such that the Websites, or any page of the Websites, are “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Websites be discontinued, and to revoke your right to link to the Websites from any other websites at any time upon written notice to you.Orders for Products and Services.
We may, directly or through our third-party vendors (“Vendors’), make certain products or service/s available to visitors and registrants of the Websites. You agree to pay in full the prices for any purchases you make either by credit/debit card or Paypal concurrent with your online order or by other payment means acceptable to Custard Apple or its Vendors. You agree to pay all applicable taxes. If payment is not received by us or such Vendors from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us or the Vendors. Certain products that you purchase and/or download on or through the Websites may be subject to additional terms and conditions presented to you at the time of such purchase or download. We reserve the right to change the number of issues in a subscription term, including discontinuing any format, make substitutions and/or modify the manner in which the subscription is distributed. If your email or postal address changes, you agree to provide us with your updated address.Third Party Websites.
You may be able to link from the Websites to third party websites and third party websites may link to the Websites (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites. The inclusion of any link to such Linked Sites on our Websites does not imply Custard Apple’s endorsement, sponsorship, or recommendation of that site. Custard Apple disclaims any liability for links
(1) from another website to the Websites and
(2) to another website from the Websites. Custard Apple cannot guarantee the standards of any websites to which links are provided on the Websites nor shall Custard Apple be held responsible for the contents of such sites, or any subsequent links. Custard Apple does not represent or warrant that the contents of any third party websites are accurate, compliant with Republic of India law or its states law, or compliant with copyright or other intellectual property laws. Also, Custard Apple is not responsible for any form of transmission received from any Linked Sites. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.Advertisements and Promotions
Custard Apple may run advertisements and promotions from third parties on the Websites. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Custard Apple, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Custard Apple is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Websites.Embedded Video Links
Certain pages of the Websites provide the functionality for you to “embed” videos appearing on the page on other websites or blog pages (together with the Player, as defined herein, the “Embedded Video”). The functionality is provided by giving you the necessary HTML code to include on such a page to make that Embedded Video appear. If you include the HTML on a web or blog page, the actual video stream for the Embedded Video will be served from our servers but the Embedded Video may be rendered to the visitor of that page as part of that page. If you elect to embed video on a page, you agree as follows:
(i) you will not alter, in any respect, the Embedded Video (including without limitation the content, format, and length and advertising associated therewith) from how it is served from our servers;
(ii) you will not facilitate access to the Embedded Video directly or through any video player or other tool other than the video player that is provided by us when the Embedded Video appears (the “Player”);
(iii) without limiting the foregoing, you will not link directly to the Embedded Video file; and
(iv) the Embedded Video may be used in part for commercial purposes, including on an advertising-supported page, provided that:
(a) the Embedded Video shall not be included in, or used as part of, a service that sells access to video content;
(b) you shall not insert advertising, sponsorship or promotional messages in, or immediately adjacent to, the Embedded Video or Player; and
(c) to the extent you sell any advertising, sponsorship or promotional material to appear on the same page that includes the Embedded Video, the page includes other content not provided by us which is a sufficient basis for such sales. You may not block, inhibit, build upon or disable any portion of the Player, including without limitation links back to our site. You understand and agree that all measured metrics related to the access and viewing of the Embedded Video shall be credited to the Websites. Without limitation of any provision of these Terms of Use, we shall have no liability to you for any reason with respect to your use of Embedded Video and you agree to indemnify, defend and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Embedded Video.Content Feeds.
RSS (really simple syndication) service and other syndication formats such as Atom, as well as APIs (application programming interfaces) (collectively, the “Content Feeds”) are means by which Custard Apple offers feeds of story headlines in XML or JSON format (“Custard Apple Content”) to visitors to the Websites who use the applicable Feed aggregators. You must use the Content Feeds as provided by Custard Apple, and you may not edit or modify the text, content or links supplied by Custard Apple. The applicable Content Feed service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the Websites. You may not display the PMC Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable Website web page. You may not insert any intermediate page, splash page or other content between the Content Feed link and the applicable Website web page. You must provide attribution to the appropriate Websites in connection with your use of the Content Feeds. If you provide this attribution using a graphic, you must use the appropriate Website logo that we have incorporated into the Content Feed. Custard Apple reserves the right to discontinue providing any or all of the Content Feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the Content Feeds for any reason including, without limitation, your violation of any provision of these Terms of Use. Custard Apple assumes no liability for any of your activities in connection with the Content Feeds or for your use of the Content Feeds in connection with your websites or any other properties.Indemnification.
You agree to indemnify, defend and hold Custard Apple and its directors, officers, employees, agents, successors and assigns harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from (a) your use of the Websites, (b) your placement or transmission of Submitted Materials or any other message, content, information, software or other materials through the Websites, and/or (c) your breach or violation of any applicable law or regulation or these Terms of Use. Custard Apple reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Custard Apple’s defense of such claim. You agree not to settle any matter without the prior written consent of the General Counsel of Custard Apple.DISCLAIMER OF WARRANTIES.
THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE WEBSITES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS OR USEFULNESS OF CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITES OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE WEBSITES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITES OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. PMC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITES. UNDER NO CIRCUMSTANCES SHALL CUSTARD APPLE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITES, ANY CONTENT POSTED ON OR THROUGH THE WEBSITES, OR CONDUCT OF ANY USERS OF THE WEBSITES, WHETHER ONLINE OR OFF. YOU USE THE WEBSITES AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE WEBSITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITES.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITES IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITES AT ANY TIME AND WITHOUT ANY PRIOR WARNING. THE ARTICLES OPINION IS SOLELY OPINION OF COLUMN WRITER. CUSTARD APPLE NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITES, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED CUSTARD APPLE EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEBSITES). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, CUSTARD APPLE AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITES OR IN CORRESPONDENCE WITH CUSTARD APPLE OR ITS AGENTS OR REPRESENTATIVES. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITES ARE PROVIDED BY CUSTARD APPLE “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND CUSTARD APPLE OR ITS LICENSOR OR SUPPLIER.LIMITATION OF LIABILITY.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CUSTARD APPLE, OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITES, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE WEBSITES EXCEED, IN THE AGGREGATE, THE GREATER OF (a) ONE HUNDRED INDIAN RUPEES (100), OR ONE EURO (1) (B) THE AMOUNT, IF ANY, PAID BY YOU TO CUSTARD APPLE FOR YOUR USE OF THE WEBSITES OR PURCHASE OF PRODUCTS VIA THE WEBSITES.Applicable Laws.
We control and operate the Websites from our offices in the Republic of India. We do not represent that materials on the Websites are appropriate or available for use in other locations. Persons who choose to access the Websites from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the State of Maharashtra, INDIA without giving effect to any law that would result in the application of the law of another jurisdiction.Termination.
Custard Apple may terminate, change, suspend or discontinue any aspect of the Websites or the Websites’ services at any time. Custard Apple may restrict, suspend or terminate your access to the Websites and/or its services if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. Without limitation, Custard Apple may, in its sole discretion and without liability, terminate the Websites use privileges of users who are repeat infringers of intellectual property rights.Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Except for either party’s claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret, any and all disputes between you and Custard Apple arising under or related in any way to these Terms of Use, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Websites. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CUSTARD APPLE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND CUSTARD APPLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER OR PARTY IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. The arbitration will be conducted in English Language in accordance with its then-current Streamlined Indian Arbitration Rules and Procedures and will be held in Mumbai, India. The arbitration will be conducted by one neutral arbitrator chosen by the parties. If the parties cannot agree upon an arbitrator, they shall submit to the procedure used by the Arbitrator to choose an arbitrator.
Notwithstanding anything herein or in the Indian Arbitrator Rules to the contrary, the arbitrator shall not have the power to award punitive damages against you or Custard Apple. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or Republic of India courts located in the City of Mumbai. Claims of infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall be exclusively brought in the Indian courts located in the City of Mumbai, India.Miscellaneous.
These Terms of Use (including the Privacy Policy) constitute the entire agreement between you and us regarding the use of the Websites. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.Supplemental Terms.
Photographs/Images Notice: Without limiting any of the terms set forth herein published websites, still images and visual representations (including, without limitation, wholly-owned images and visual representations, as well as the collections licensed through its copyright owners or individual/s) may not be republished, retransmitted, reproduced, downloaded or otherwise used, except for downloading for personal, non-commercial use.
Data protection statement
We attach great importance to the protection of your personal data. We therefore strictly adhere to the legal provisions governing the admissibility of the handling of personal data and have taken appropriate technical and organisational precautions. The following declaration gives you an overview of how we guarantee this protection and what kind of data we collect for what purpose.
I. General information on data processing
1. Scope of the processing of personal data
We only collect and use our users’ personal data of insofar as this is necessary to provide a functional website as well as our contents and services. The collection and use of our users’ personal data takes place regularly and only with the user’s consent. An exception applies in those cases where prior consent cannot be obtained for real reasons and the processing of the data is permitted by law.
Custard Apple Pictures Pvt Ltd is entitled, with your voluntary consent, to collect, process and store, combine with other data, archive and use your personal data for the purpose of providing information about Custard Apple Pictures Pvt Ltd products. You give your consent either in writing or by clicking on the corresponding declaration. In particular, personal data will only be passed on to third parties if you have given your express prior consent or if we are obliged to surrender the data, for example due to an official order.
2. Legal basis for the processing of personal data
Insofar as we obtain the consent of the data subject for the processing of personal data, art. 6 para. 1 lit. a EU Data Protection Ordinance (GDPR) serves as the legal basis for the processing of personal data. In the processing of personal data required for the performance of a contract to which the data subject is a party, art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures. Insofar as the processing of personal data is required to fulfil a legal obligation to which our company is subject, art. 6 para. 1 lit. c GDPR serves as the legal basis. In the event of the vital interests of the data subject or another natural person requiring the processing of personal data, article 6(1)(d) GDPR serves as the legal basis. If processing is necessary to safeguard a legitimate interest of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the first-mentioned interest, art. 6 para. 1 lit. f GDPR serves as the legal basis for processing.
3. Data erasure and storage time
The personal data of the person concerned will be deleted or blocked as soon as the purpose of storage ceases to apply. Furthermore, data may be stored if this has been provided for by the European or national legislator in EU regulations, laws or other provisions to which the person responsible is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.
II. Provision of the website and creation of log files
1. description and scope of data processing
Every time you visit our website, our system automatically collects data and information from the computer system of the calling computer.
The following data is collected:
(1) Information about the browser type and version used
(2) The user’s operating system
(3) The user’s Internet service provider of the user
(4) The user’s IP address
(5) Date and time of access
(6) Websites from which the user’s system reaches our website
(7) Websites accessed by the user’s system via our website
The data are also stored in the log files of our system. The IP addresses of the user or other data that enable the assignment of the data to a user are not affected by this. These data are not stored together with other personal data of the user.
Custard Apple Pictures Pvt Ltd cannot assign these data to specific persons. They serve exclusively for the statistical evaluation and improvement of our offers and services by providing information about the use of the information provided by Custard Apple Pictures Pvt Ltd.
2. Legal basis for data processing
The legal basis for the temporary storage of data is art. 6 para. 1 lit. f GDPR.
3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user’s computer. For this the user’s IP address must remain stored for the duration of the session.
Our legitimate interest in data processing pursuant to art. 6 para. 1 lit. f GDPR also lies in these purposes.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. In the case of the collection of data for the provision of the website, this is the case when the respective session has ended.
III. Use of cookies
1. Custom cookies
a) Description and scope of data processing
Our website uses cookies. Cookies are text files that are stored in the Internet browser or by the Internet browser on the user’s computer system. If a user visits a website, a cookie may be stored on the user’s operating system. This cookie contains a characteristic character string that enables a unique identification of the browser when the website is called up again. We use cookies to make our website more user-friendly. Some elements of our website require the calling browser to be identified even after a page change. The log-in information (II number 1) is stored and transmitted in the cookies.
b) Legal basis for data processing
The legal basis for the processing of personal data using cookies is art. 6 para. 1 lit. f GDPR.
c) Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for users. Some functions of our website cannot be offered without the use of cookies.
d) Duration of storage and restriction of the use of cookies
Cookies are stored on the user’s computer and transmitted to our site. They are automatically deleted at the end of each session.
As a user, you have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.
e) Refusal of cookies
Cookies can generally be denied via the web browser settings. If you deactivate or restrict the use of cookies using your browser, you will no longer be able to use various functions on our website. Cookies can also be deleted automatically.
The following links will inform you how to set up your browser:
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Internet Explorer: https://support.microsoft.com/de-de/help/17442/windows-internet-explorer-delete-manage-cookies
Firefox: http://support.mozilla.org/de/kb/cookies-informationen-websites-auf-ihrem-computer
Google Chrome: http://support.google.com/chrome/bin/answer.py?hl=de&answer=95647
Safari: https://support.apple.com/kb/PH21411?locale=de_DE
Opera: https://help.opera.com/de/latest/web-preferences/
2. Use of website analysis services
a) Description and scope of data processing
Various analysis tools are integrated into the websites we operate.
etracker
The etracker tracking tool is used on some of Custard Apple Pictures Pvt Ltd’s websites. The provider is etracker GmbH, Erste Brunnenstraße 1, 20459 Hamburg, Germany. The data can be used to create user profiles under a pseudonym. Cookies may be used for this purpose.
You can object to the collection and storage of data at any time with effect for the future. To object to the collection and storage of your visitor data for the future, you can obtain an opt-out cookie from etracker by clicking on the following link; this will ensure that no visitor data from your browser will be collected and stored by etracker in future:http://www.etracker.de/privacy?et=V23Jbb
This sets an opt-out cookie called “cntcookie” from etracker. Please do not delete this cookie as long as you wish to maintain your objection. Further information can be found in the etracker data protection regulations: http://www.etracker.com/de/datenschutz.html
Google Analytics
Some websites use Google Analytics, a web analytics service provided by Google Inc. (“Google”), 1600 Amphitheatre Parkway Mountain View, CA 94043, USA. Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, due to the activation of IP anonymisation on these websites, your IP address will previously be shortened by Google within Member States of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activities, and to provide the website operator with further services associated with website use and Internet use. The IP address transmitted by your browser in the context of Google Analytics is not merged with other Google data. Google Analytics data may not be passed on without the customer’s consent, unless special circumstances such as legal requirements exist.
You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address), and from processing these data by downloading and installing the browser plug-in available under the following link:
https://tools.google.com/dlpage/gaoptout?hl=en
More information on how Google Analytics handles user data can be found in Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=en.
For further information on the collection and use of data by Google and your rights to protect your privacy, please refer to the data protection information at https://www.google.de/intl/de/policies/privacy/.
b) User-related online advertising
We use or cooperate with advertising partners and networks to display advertisements to users on other websites or apps. These ads can be customized to reflect the users’ predicted areas of interest. The playout of the advertisements can be controlled and measured in order to be able to display ads as booked, to present suitable ads to users in order to avoid wasted coverage, and to be able to track billing from our advertising networks accordingly. Advertisements in which users have shown interest can be recorded on a user-related basis.
For these purposes, cookies and/or similar techniques (e.g. pixels) are used on our or other websites or apps from connected advertising networks to collect and evaluate pseudonymised information. Such information may be obtained by advertisers on whose websites or apps we have booked advertisements.
User-related online advertising is carried out with legitimate interest, among other things for the distribution of online content that is to be made available to a larger target group.
You can object to the use-related online advertising described under III. 1 e) for our group website/s.
We may work with the following advertising networks near future:
(1) Taboola
We cooperate with Taboola Europe Ltd., 33, Aldgate High Street , Aldgate House 2nd Floor , London EC3N 1DL, United Kingdom („Taboola“). More information: https://www.taboola.com/de/privacy-policy#notice-to-individuals.
2) Outbrain
We cooperate with Outbrain UK Ltd., 5th Floor, The Place, 175 High Holborn, London, WC1V 7AA, United Kingdom („Outbrain“). More information:https://www.outbrain.com/legal/privacy#the_site.
c) Legal basis for data processing
The legal basis for the temporary storage of data and log files is art. 6 para. 1 lit. f GDPR.
d) Purpose of data processing
The purpose of using the data and of analysis with website services is to optimize our services.
e) Duration of storage and restriction of the use of cookies
Cookies are stored on the user’s computer for up to one years and transmitted to our site by the user.
As a user, you also have full control over the use of cookies. You can deactivate or restrict the transmission of cookies by changing the settings in your Internet browser. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all functions of the website in full.
3. Remarketing
The websites use Google Inc. “(“Google”) remarketing or “similar target group” function. This feature allows visitors to the sites to be targeted with advertisements by personalized, interest-based ads being delivered to visitors to the sites when they visit other sites on the Google Display Network. Google uses cookies to analyze website usage, which forms the basis for creating interest-based advertisements. Google stores a small file with a sequence of numbers in the browsers of visitors to the website. This number is used to record visits to the website and anonymised data on the use of the website. No personal data of visitors to the website are stored. If you subsequently visit another website in the Google Display Network, you will see ads that are highly likely to include previously accessed product and information areas.
You can disable the use of cookies by third parties by visiting the deactivation page of the Network Advertising Initiative at http://www.networkadvertising.org/choices/ and implementing the additional opt-out information mentioned therein.
For more information about Google Remarketing and Google’s privacy policy, please visit: http://www.google.com/privacy/ads/
On some of our websites we use the remarketing function “Custom Audiences” of Facebook Inc. (1601 p. California Ave, Palo Alto, CA 94304, USA; “Facebook”).
This function serves the purpose of targeting the visitors of the website with interest-related advertising on Facebook.
For this purpose, the Facebook remarketing tag was implemented on the website. This tag establishes a direct connection to the Facebook servers while visiting the website transferring to the Facebook server which of our pages you have visited. Facebook maps this information to your personal Facebook account. When you visit the Facebook social network, you will see personalized, interest-based Facebook ads.
To object to the processing of your personal data, you can deactivate the remarketing function “Custom Audiences” at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. For more information about Facebook’s collection and use of the data, your rights and ways to protect your privacy, please see Facebook’s privacy policy at https://www.facebook.com/about/privacy/.
IV. Contacting
1. Description and scope of data processing
On some of our Internet pages there is a contact form which can be used for electronic contact. If a user accepts this possibility, the data entered in the input mask will be transmitted to us and stored. These data are:
(1) First name
(2) Name
(3) Subject
(4) E-mail
(5) Your message
At the time the message is sent, the following data are also stored:
(1) The user’s IP address
(2) Date and time of entry
Alternatively, you can contact us via the e-mail address provided. In this case, the user’s personal data transmitted by e-mail will be stored.
In this context, the data are not disclosed to third parties. The data are used exclusively for processing the conversation.
2. Legal basis for data processing
The legal basis for the processing of data transmitted in the course of establishing contact is art. 6 para. 1 lit. f GDPR. If the e-mail contact aims at the conclusion of a contract, then additional legal basis for the processing is art. 6 exp. 1 lit. b GDPR.
3. Purpose of data processing
The processing of the personal data from the input mask serves us only with regard to the processing of the establishment of contact.
The other personal data processed during the sending process via the contact form serve to prevent misuse of the contact form and to ensure the security of our IT systems.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. For the personal data from the input mask of the contact form and those that were sent by e-mail, this is the case when the respective conversation with the user is finished. The conversation is terminated when it can be inferred from the circumstances that the matter has been clarified once and for all.
If statutory provisions provide for retention obligations (e.g. six years for commercial letters received, section 257 (4) of the German Commercial Code(HGB)), deletion shall take place after expiry of the corresponding period.
V. Data provided by you
1. Description and scope of data processing
In some areas of the site, you may be asked to provide personal information in order to use the offers or free features described or to participate in special promotions (subscription orders, product orders, editorial or advertising newsletters, participation in competitions or other promotions). You will be informed about which information you must provide for these offers and which data you can voluntarily provide.
In particular, the following data may be collected: Name, address, bank details, password, date of birth, e-mail address, declarations of consent, information on the concluded legal transaction.
To fulfil your order or registration we pass your data on to partners, who in turn act in conformity with the data protection regulations.
You can apply at any time to have your customer account deleted at mg at icustardapple dot com
When subscribing to a newsletter, the user receives a confirmation message after registration, which contains a link to the final registration (double opt-in). This ensures that the newsletter is explicitly desired.
You can unsubscribe from the newsletter via a personalized link that will be sent with each mailing.
2. Legal basis for data processing
If the purpose of data collection is to conclude a contract, the legal basis for processing is art. 6 para. 1 lit. b GDPR. Furthermore, data will be processed on the basis of a consent given by you (art 6 para. 1 lit. a GDPR).
3. Purpose of data processing
The data is processed for the purpose of enabling the use of the respective offers and functions. Inasmuch as you provide further data voluntarily, we use them to design our services according to your needs.
4. Duration of storage
The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. This is usually the case if the service you have used (e.g. newsletter order, creation of a personal user profile) is cancelled.
If statutory provisions provide for retention obligations (e.g. six years for commercial letters received, section 257 (4) HGB), deletion shall take place after expiry of the corresponding period.
VI. Use of social media links or plug-ins
1. General
Social media channels are linked on our website. By clicking on the button you will be forwarded to the respective network. A direct link between the pages only exists if you are logged in to the respective network.
We may have included buttons (“plug-ins”) from various social networks on our websites so that you can also use the interactive possibilities of the social networks you use on our websites. These plug-ins provide various functions, the subject and scope of which is determined by the operators of the social networks. We use a 2-click procedure to better protect your personal data. By pressing the button next to the respective plug-in, the plug-in is activated, which is indicated by the color change of the plug-in button from gray to colored. Then you can use the respective plug-in by clicking on the button of the plug-in. Please note that we are not providers of social networks and have no influence on data processing by the respective service providers. The legal basis for the use of the plug-ins is, insofar as personal data are processed here, art. 6 para. 1 f EU GDPR, whereby our legitimate interest consists in the provision of interaction possibilities for the purpose of advertising (recital 47 EU GDPR) and in the demand-oriented design of our Internet services for interaction with social networks to which the users of our website belong.
More details about the individual plug-ins can be found in the following information:
2. Facebook/Instagram
Our pages include plug-ins from the social network “Facebook”, 1601 South California Avenue, Palo Alto, CA 94304, USA. You can recognize the Facebook plug-ins by the Facebook logo or the “Like” button on our page. An overview of the Facebook plug-ins can be found here: http://developers.facebook.com/docs/plugins/.
When you activate the plug-in, the plug-in establishes a direct connection between your browser and the Facebook server. Facebook receives the information that you have visited our site with your IP address. If you click the Facebook “Like” button while logged into your Facebook account, you can refer to the content of our pages in your Facebook profile.
We would like to point out that, as the provider of the pages, we are not aware of the content of the data transmitted, or how it is used by Facebook, and that we are not responsible for the data processing by Facebook. For more information, please see Facebook’s Privacy Policy at https://www.facebook.com/policy.php
The Instragram button is operated by Facebook Ireland Ltd, 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. The relevant data protection declaration can be found at https://help.instagram.com/519522125107875/?maybe_redirect_pol=0.
3. Twitter
Our pages include functions of the social network “Twitter”. These functions are provided by Twitter Inc, Twitter, Inc. 1355 Market St, Suite 900, San Francisco, CA 94103, USA. By using Twitter and the “Re-Tweet” function, the websites you visit are linked to your Twitter account and made known to other users. Data is also transmitted to Twitter. We would like to point out that, as the provider of the pages, we are not aware of the content of the data transmitted or how it is used by Twitter. For more information, please see Twitter’s Privacy Policy at http://twitter.com/privacy.
4. YouTube
Videos from the external video platform YouTube are integrated on our website. This website is operated by YouTube, LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. By default, no automated connection to YouTube’s servers is established. This means that the operator does not receive any data from you when calling up the web pages. If the videos do not have a preview image, the video is displayed via an iFrame.
You can decide for yourself if the YouTube videos should be activated. Only when you release the playback of the videos by clicking on “Start video” do you give your one-time consent that the data required for this (including the Internet address of the current page and your IP address) will be transmitted to the operator.
If you are logged into your YouTube account, you allow YouTube to associate your surfing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.
For more information on how user data is used, please see YouTube’s Privacy Policy at https://policies.google.com/privacy?hl=en&gl=en
VII. Rights of the data subject
If personal data are processed by you, you are affected within the meaning of the GDPR and you have the following rights vis-à-vis the person responsible:
1. Right to information
You can ask the person in charge to confirm whether we process personal data relating to you.
If such processing dos take place, you can request the following information from the person responsible:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data relating to you have been or are still being disclosed;
(4) the planned duration of the storage of the personal data relating to you or, if specific information on this is not possible, criteria for determining the storage period;
(5) the existence of a right to rectification or deletion of personal data relating to you, a right to limitation of processing by the controller or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) any available information on the origin of the data if the personal data are not collected from the data subject;
(8) the existence of automated decision-making including profiling in accordance with art. 22 para. 1 and 4 GDPR and – at least in these cases – meaningful information on the logic involved and the scope and intended effects of such processing for the data subject.
You have the right to request information as to whether the personal data relating to you are transferred to a third country or to an international organisation. In this context, you may request to be informed of the appropriate guarantees pursuant to art. 46 GDPR in connection with the transmission.
2. Right to rectification
You have a right of rectification and/or completion vis-à-vis the data controller if the personal data processed relating to you are incorrect or incomplete. The person responsible shall make the correction without delay.
3. Right to limitation of processing
Under the following conditions, you may request that the processing of personal data relating to you be restricted:
(1) if you dispute the accuracy of the personal data relating to you for a period that enables the data controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
(3) the data controller no longer needs the personal data for the purposes of the processing, but you do need them to assert, exercise or defend legal claims, or
(4) if you have filed an objection to the processing pursuant to art. 21 para. 1 GDPR and it has not yet been determined whether the legitimate reasons of the person responsible outweigh your reasons.
If the processing of personal data relating to you has been restricted, such data may only be processed – apart from being stored – with your consent or for the purpose of asserting, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or a Member State.
If the processing restriction has been restricted according to the above conditions, you will be informed by the person responsible before the restriction is lifted.
4. Right to deletion
a) Duty to delete
You may request the data controller to delete the personal data relating to you without delay and the controller is obliged to delete this data without delay if one of the following reasons applies:
(1) The personal data relating to you are no longer necessary for the purposes for which they were collected or otherwise processed.
(2) You revoke your consent, on which the processing was based pursuant to art. 6 para. 1 lit. a or art. 9 para. 2 lit. a GDPR, and there is no other legal basis for the processing.
(3) You file an objection against the processing pursuant to art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you file an objection against the processing pursuant to art. 21 para. 2 GDPR.
(4) The personal data relating to you were processed unlawfully.
(5) The deletion of personal data relating to you is necessary to fulfil a legal obligation under Union law or the law of the Member States to which the data controller is subject.
(6) The personal data concerning you were collected in relation to information society services offered pursuant to art. 8 para. 1 GDPR.
b) Information to third parties
If the data controller has made the personal data relating to you public and is obliged to delete it pursuant to art. 17 para. 1 GDPR, he shall take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data processors who process the personal data that you as the data subject have requested the deletion of all links to this personal data or of copies or replications of this personal data.
c) Exceptions
The right to cancellation does not exist insofar as the processing is necessary:
(1) to exercise freedom of expression and information;
(2) for the performance of a legal obligation required for processing under the law of the European Union or of the Member States to which the controller is subject or for the performance of a task in the public interest or in the exercise of official authority conferred on the controller;
(3) for reasons of public interest in the field of public health pursuant to art. 9 para. 2 lit. h and i and art. 9 para. 3 GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes pursuant to art. 89 para. 1 GDPR, insofar as the law referred to under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing, or
(5) to assert, exercise or defend legal claims.
5. Right to information
If you have exercised your right to have the data controller rectify, delete or limit the processing, he is obliged to inform all recipients to whom the personal data relating to you have been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves disproportionate effort.
The person responsible shall have the right to be informed of such recipients.
6. Right to data transferability
You have the right to receive the personal data relating to you that you provided the person responsible with in a structured, common and machine-readable format. In addition, you have the right to pass this data on to another person in charge without obstruction by the person in charge to whom the personal data was provided, provided that
(1) processing is based on consent pursuant to art. 6 para. 1 lit. a GDPR or art. 9 para. 2 lit. a GDPR or on a contract pursuant to art. 6 para. 1 lit. b GDPR and
(2) processing is carried out by means of automated methods.
In exercising this right, you also have the right to request that the personal data relating to you be transferred directly from one data controller to another data controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to transferability shall not apply to the processing of personal data necessary for the performance of a task in the public interest or in the exercise of official authority conferred on the controller.
7. Right of objection
You have the right to object at any time, for reasons arising from your particular circumstances, to the processing of personal data relating to you under article 6(1)(e) or (f) ofGDPR; this also applies to profiling based on these provisions.
The data controller then no longer processes the personal data relating to you, unless he can prove compelling reasons worthy of protection for the processing, which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
If the personal data relating to you are processed for direct marketing purposes, you have the right to object at any time to the processing of the personal data relating to you for the purpose of such advertising; this also applies to profiling, insofar as it is associated with such direct marketing.
If you object to the processing for direct marketing purposes, the personal data relating to you will no longer be processed for these purposes.
You have the possibility of exercising your right of objection in connection with the use of information society services by means of automated procedures using technical specifications, notwithstanding Directive 2002/58/EC.
8. Right to revoke the data protection declaration of consent
You have the right to revoke your data protection declaration of consent at any time. The revocation of consent shall not affect the legality of the processing carried out on the basis of the consent until revocation.
9. Automated decision in individual cases including profiling
You have the right not to be subject to a decision based exclusively on automated processing – including profiling – that has legal effect against you or significantly impairs you in a similar manner. This does not apply if the decision
(1) is necessary for the conclusion or performance of a contract between you and the person responsible,
(2) the legislation of the European Union or of the Member States to which the person responsible is subject is admissible and that legislation contains appropriate measures to safeguard your rights, freedoms and legitimate interests; or
(3) with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to art. 9 para. 1 GDPR, unless art. 9 para. 2 lit. a or g applies and appropriate measures have been taken to protect your rights and freedoms and your legitimate interests.
In the cases referred to in (1) and (3), the person responsible shall take reasonable measures to safeguard your rights, freedoms and legitimate interests, including at least the right to obtain the intervention of a person by the person responsible, to state his own position and to challenge the decision.
10. Right of appeal to a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right of appeal to a supervisory authority, in particular in the Member State where you reside, work or which you suspect of infringement, if you believe that the processing of personal data relating to you is contrary to the GDPR.
The supervisory authority to which the complaint has been lodged shall inform the complainant of the status and results of the complaint, including the possibility of a judicial remedy under article 78 GDPR.
11. Modification of data and revocation
On request, Custard Apple Pictures Pvt Ltd will inform you in writing; taking into account the legal requirements, whether and which personal data are stored. Please send your inquiries to mg(*)icustardapple(.)com.
You can update, correct, supplement or delete your personal data at any time.
If this is not technically possible at the address at which you provided the data, you can contact us at any time at the following address:
mg(*)icustardapple(.)com
This address can also be used for the revocation of a given consent to the use of your data. In this case your data will be deleted immediately. If data have been transferred to third parties with your consent, these third parties will be informed immediately and requested to delete the data. You are entitled to restrict your consent to the use of your data. In this case, the data will only be deleted within the scope of the restriction.
For technical reasons, it cannot be completely ruled out that there may be an overlap between the revocation and the use of your data within the framework of a campaign that has already started.
As on: 06 August 2022