Privacy Policy

We, TSL CONSULTING PVT. LTD (“We,” “TSL”, “Us,” “Our,”) registered under the Indian laws are the owners of the web based tool and also own and operate a website, namely, www.themailpunch.com (together the “Platform”).

We respect the data privacy rights and are committed to protecting personal information collected on this Platform. This Privacy Policy (“Privacy Policy”) sets forth how we collect, use and protect the personal information collected on the Platform.

Please read this Privacy Policy carefully.

By continuing to access the Platform, you agree to this Privacy Policy. If you do not agree with the terms of this Privacy Policy, you may not access the Platform.

1. INFORMATION
   We offer email marketing services through the Platform, that will enable organisations (“User”, “you”, “your”) upon registering on the Platform to the avail the services such as sending bulk emails, uploading database to schedule email marketing campaigns, email validation, realtime campaign report, customization of email templates, automate email marketing and social media posting (“Services”).
   If you are using the Services or accessing the Platform on behalf of a third party, you represent that you have the authority to bind such third-party to the terms and conditions of this Privacy Policy and, in such an event your use of the Services or the Platform shall refer to use by such third party. If you do not have such an authority (to provide any Personal Information of a third party) or do not agree to the terms of this Privacy Policy, then you should refrain from using the Services. Additionally, you agree that you have obtained a prior written consent from such third-party before uploading their personal information on the Platform.
2. GOVERNING STATUE
   This Privacy Policy is governed by and is compliant with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information or Information) Rules 2011, which is designed to protect the Personal Information; and other applicable rules and regulations related to privacy.
   
3. INFORMATION COLLECTION
   To get in touch with us through “Contact us” you are required to provide us with your first name, last name, contact number, company address, email address. Upon registration on the Platform you shall upload lists and databases with prospect’s details such as first name, last name, email address, title and phone number. These details shall potentially be available with us. For the sake of brevity, the above-mentioned information shall be referred to as “Personal Information”.
4. NON- PERSONAL INFORMATION
   We collect User’s Internet Protocol (“IP”) addresses when User visits the Website/App to track and aggregate non-personal information. Non-personal information may include the browser name, your usage and log related information, the type of electronic device, manufacturer, make, model, unique ID of the electronic device and other technical information about User’s means of connection to our Platform such as the operating system and the Internet service providers utilized and other similar information. For example, we may use IP addresses to monitor the regions from which User navigates our Platform. User understands that this information shall be non-personal information and could be used by the Company, for its own business purposes.
5. EMAIL LIST
   In order to avail the Services, Users may be required to upload an email list which contains email address and names of the recipients. We may use and process this information to provide the Services. We do not, under any circumstances, sell your email list.   
6. USE OF PERSONAL INFORMATION
   We shall use the Personal Information for the following purposes;
   
   • To provide, maintain and improve our Services;
   • To notify you about changes to our Service;
   • To support and to assist the User in the event the User needs any additional support;
   • To gather analysis or valuable information so that we can improve our Service;
   • To monitor the usage of our Service;
   • To detect, prevent and address the technical difficulties that may arise in relation to User’s use and access of the Platform;
   • For internal record keeping;
   • To manage our relations with you and
   • To comply with our legal and statutory obligations.

7. COOKIES
   A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added, and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyze Personal Information about web page traffic and improve our Platform in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the Personal Information is removed from the system. A cookie in no way gives us access to your computer or any information about you, other than the Personal Information you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Platform
8. DISCLOSURE OF PERSONAL INFORMATION
   In course of providing services to you or access to the Platform we may share your Personal Information to certain parties (for consideration or otherwise). Accordingly, you expressly give your free consent to us to disclose or share your Personal Information in the following cases:
   • Administrators: We may provide access to User’s Personal information to any of our authorized administrators for an internal business purpose, who shall be under confidentiality obligations towards the same.
   • Affiliates: We may provide Personal Information we collect to our affiliates. For example, we may disclose Personal Information to our affiliates in order to respond to User’s requests for information or the Services.
   • Merger or Acquisition:We may transfer User’s Personal Information if we are acquired by/we acquire or merge with another company or transfer a part of our business, including the Platform, to a third party. Any third party or resultant entity that receives the User’s Personal Information pursuant to a merger, demerger, amalgamation, reconstruction, change in control or business transfer shall have the right to continue to use User’s Personal Information.
   • Legal and Regulatory Authorities: We may be required to disclose User’s Personal Information due to legal or regulatory requirements. In such instances, we reserve the right to disclose User’s Personal Information as required in order to comply with our legal obligations, including but not limited to complying with court orders, warrants, or discovery requests. We may also disclose User’s Personal Information to (a) law enforcement officers or others; (b) Credit Information Companies; (c) to comply with a judicial proceeding, court order, or legal process served on us or the Platform ; (d) to enforce or apply this Privacy Policy or our other policies or agreements; (e) for an insolvency proceeding involving all or part of the business or asset to which the information pertains; (f) respond to claims that any Personal Information violates the rights of third-parties; (g) or protect the rights, property, or personal safety of TSL, or the general public. User agree and acknowledge that we may not inform User prior to or after disclosures made according to this section.
   • Notwithstanding anything mentioned hereinabove, TSL shall not be responsible for the actions or omissions of the parties (including but not limited to the entities listed above) with whom the Personal
9. RETENTION OF PERSONAL INFORMATION
   We   will retain your Personal Information only for as long as it is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. We   will also retain Personal Information for internal analysis purposes.
10. SECURITY OF PERSONAL INFROMATION
    User’s Personal Information is stored on dedicated local servers Although we provide appropriate firewalls and protections, we cannot warrant the security of any Personal Information transmitted as our systems are not hack proof. Personal Information pilferage due to unauthorized hacking, virus attacks, technical issues is possible, and we take no liability or responsibility for it. Users are required to be careful to avoid “phishing” scams, where someone may send User an e-mail that looks like it is from TSL asking for User’s Personal Information. TSL shall not be liable for any Personal Information hacked, destroyed or lost. User is responsible for all the actions that take place under the User account. If User chooses to share User Account details and password or any Personal Information with third parties, the User is solely responsible for the same. If User loses control of the User account, User may lose substantial control over its Personal Information and may be subject to legally binding actions. It is User’s responsibility to keep User’s password confidential and secure.
11. YOUR RIGHTS
    We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. Whenever made possible, you can update your Personal Information directly by updating your profile. If you are unable to change your Personal Information, please contact us to make the required changes. If you wish to be informed of what Personal Information, we hold about you and if you want it to be removed from our systems, please contact us.
12. SERVICE PROVIDERS
    We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
13. MARKETING AUTOMATION & DATABASE
    We may use third-party Service Providers to collect, monitor, analyze, and execute marketing campaigns for our Service.
14. ANALYTICS
    We may use third-party Service Providers to monitor and analyze the use of our Service
    Google Analytics
    Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/
15. ADVERTISEMENTS
    We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.
16. LINKS TO OTHER SITES
    Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
17. CHILDREN’S PRIVACY
    Our Service does not address anyone under the age of 18 (“Children”). We do not knowingly collect Personal Information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verification of parental consent, we take steps to remove that information from our servers.
18. INDEMNIFICATION
    User agrees to indemnify us, our subsidiaries, affiliates, officers, agents and employees (each, an “Indemnified Party”) and hold the Indemnified Party harmless from and against any claims and demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to: (i) accuracy and correctness of Personal Information and contents that User submits or shares through the Platform; (ii) User’s violation of this Privacy Policy, (iii) or User’s violation of rights of another User.
19. LIMITATION OF LIABILITY
    USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE TSL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, DETAILS OR OTHER INTANGIBLE LOSSES (EVEN IF THE TSL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THIS PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
20. RESERVATION OF RIGHTS
    All rights not expressly granted in this Privacy Policy are reserved by TSL and its licensors, as the case may be. Nothing contained in this Privacy Policy shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of TSL or any other person or to User.
21. GOVERNING LAWS AND DISPUTES
    This Privacy Policy shall be construed and governed by the laws of India without regard to principles of conflict of laws. Any dispute arising, between the User and TSL shall be submitted to arbitration to be conducted in Pune, India in English language, in accordance with the rules of Arbitration and Conciliation Act of 1996, by a sole arbitrator, who shall be appointed by TSL and the award made in pursuance thereof shall be binding on the Users and TSL. The dispute resolution and arbitration process mentioned in this section shall not prohibit parties from approaching the courts for appropriate interim reliefs. Parties further agree that the courts in Pune, India shall have an exclusive jurisdiction over such disputes.
22. CHANGES TO THIS PRIVACY POLICY
    Amendments to this Privacy Policy will be posted to this Platform and will be effective when posted. You will be informed about the amendments through a notification in the notification section of the User profile and also via pop up window for your consent to accept the new Privacy Policy.

(This Privacy Policy was last modified on April, 2020.)