PEN Studios (“we”, “us”, “our”, “PEN Studios”) is a 30-year old media company and one of the leading production houses foraying into sale and syndication of satellite and digital rights of films, VFX and Animation and Broadcasting.
By accessing or using the website www.penindia.in/ (“Website”), services and content, the user (“you”, “your”, “user”) acknowledges to have read and understood the Website’s policy on the collection and use of personal information and other information of the user. If you do not agree with this policy in general or any part of it, you are advised not use our Website. The purpose of this privacy policy (“Privacy Policy”) is to inform the user about how PEN India collects, uses, protects, manages and discloses personal information or any information submitted voluntarily on the Website. This Website uses cookies to improve user’s experience.
By signing up on the Website and availing the Website’s services, the user confirms his/her age to be above 18 years otherwise PEN India has the right to block your access to the Website. In the event that user is a minor and wishes to access the Website, the same can be done through express consent of the minor’s parent(s) or legal guardian.
By providing personal information to create or update the user account and profile, the user expressly and voluntarily accepts the terms and conditions of the Website’s Terms & Conditions available here https://penindia.in/terms-and-conditions/
By voluntarily submitting your details on the Website, the user understands and acknowledges that third parties will have access to the submitted information for valid and necessary purposes. The user may limit the publicly visible information in the profile. However, third-party search engines may not automatically update their caches, which may contain old public profile information.
Upon choosing to delete the information provided to the Website, the user understands that the profile will be deleted and certain information will be retained for archival and legal purposes.
The Website includes links to other websites and provides access to products and services offered by third parties, which may or may not be endorsed by us, whose privacy policies are not controlled or supervised by PEN India. When the user accesses another website or hyperlink or third party products or services through the Website, including by way of redirection, use of any information that the user provides is governed by the privacy policy of the operator of the page and/or provider of such products or services that the user is visiting or availing.
USER INFORMATION THAT IS COLLECTED
General information such as name, social media information, location, e-mail id and phone number are collected from the user upon accessing the website and filling the requisite forms available on the Website.
Types of information that is collected:
Technical Information: The Website automatically collects certain information from the user upon visiting the Website. These details include user’s IP address, location-related data or other unique device identifiers, browsing history, cookies, mobile carrier, mobile or device information including the model of user’s device, operating system and information regarding user’s use of the website.
Sensitive personal information: The Website will never ask the user to submit sensitive personal data or information except for what is explicitly stated in this Privacy Policy. Any disclosure of sensitive personal data or information shall be at the user’s sole risk and without any liability to the PEN India. The user understands, acknowledges and agrees that the Website or any other person acting on behalf of PEN India shall not in any manner be responsible for the authenticity of the personal information or sensitive personal data or information provided by the user to the Website.
As per the European Union General Data Protection Regulation (“GDPR”), user personal information pertaining to his/her race, religion, caste, sexual orientation or health is considered to be sensitive in nature (collectively, “Sensitive Personal Information”). PEN India does not collect in any manner a user’s Sensitive Personal Information as classified/defined by the GDPR.
Financial Information: The user will at no point in time be asked to submit bank details as bank name, account holder’s name, bank account type, bank account number and IFSC code and UPI details, and providing the aforesaid information of the user will be at the users sole risk and responsibility.
The user must not disclose the following:
• Physical, physiological and mental health condition;
• Sexual orientation;
• Sex life/ inter-sex status
• Medical records and history;
• Biometric information;
• National identification numbers;
• Caste or religion/ religious or political belief or affiliation
• And such other sensitive personal data or information.
PEN India shall not be obliged to take any measures to protect any information that is regarded as personal information or Sensitive Personal Data or Information for the purposes of this Privacy Policy and the Website which is submitted to PEN India and which is also freely available in the public domain.
PEN India shall on regular basis, reasonably endeavor to verify and filter the content and/or information posted by the user on the Website, including details of the user submitted to us. We reserve the right to delete / remove such content from the Website if the same is found to be unsuitable or obscene, defamatory, offensive and/or infringing any third-party copyright, without any further intimation / notice to the user. The user of the Website hereby disclaims PEN India in case of the deletion / removal of such content from the website and PEN India assumes no liability in respect of the same.
PEN India reserves the right to filter / close a user’s account and/or immediately stop / restrict user access to the website by blocking / deleting the user account/information (either temporarily or permanently), at our sole discretion, without any further notice or intimation to the user, in respect of the following. All users hereby disclaim us in respect of the same:
1. Creation of any fake accounts;
2. Your illegal and unauthorized conduct;
3. user submissions or obscene, defamatory and/or offensive content;
4. user submissions that are objectionable and for which complaints has been received by Us; and/or
5. user submissions or content that infringe any third party’s intellectual property rights, copyrights, etc.
Cookies: Cookies are pieces of information that a website either transfers to the user computer’s hard drive or stores temporarily in user computer’s memory for record-keeping purposes. We use cookies and other similar technologies to enhance Your experience using the Website and improve our services. Cookies are small files which, when placed on user device, enable us to provide certain features and functionality. If the user declines to accept cookies, it may hinder the use of certain functions of the website.
MODE OF USER INFORMATION COLLECTION
We collect information on a voluntary basis from the forms that users fill up on the Website. We may collect information from any third-party API’s that the user gives access to, such as Facebook, Instagram, Twitter, etc., only with user’s consent by way of the user linking their profile to the aforesaid. We may collect information through cookies and other monitoring technologies to enhance user experience on our website. We do not require personal information to obtain access to most of our website. Questions or comments submitted by visitors may also include personal information.
USAGE OF THE USER INFORMATION COLLECTED
PEN India uses the user information to fulfil and enforce our service contract with the user, to improve and administer the Website and allow the user to use its functionalities. We take into account and store the feedback that the user may provide to us.
We can share any personal or general information with any other third party which assists us in providing services to the users. However, these third parties are not allowed to access user information or use it in any other way which doesn’t involve providing any kind of assistance. The information collected shall be used for the purpose for which it has been collected.
CONFIDENTIALITY
PEN India ensures that personal information shared by the user is protected against any kind of loss, theft and unauthorized access. While we strive to protect user’s personal information, no internet site can eliminate risks entirely and hence, we cannot guarantee or warrant the security of any information provided/ transmitted to us by users.
RETAINING OF USER INFORMATION
PEN India retains the user information for as long as it is necessary to fulfil contractual and legal obligations, legitimate business purposes; and to conduct a defence in relation to disputes or potential disputes. We may also retain user data longer, if required, in accordance with any limitation periods and records retention obligations that are imposed by applicable laws. We do not retain user information once any user terminates the services and/ or withdraws from our Website. In case a user wishes to withdraw their information, they may do the same by contacting us on the details provided on the Website.
NOTIFICATION OF CHANGE IN THE PRIVACY POLICY
We reserve our right to modify this Privacy Policy at any time to reflect changes in legal or regulatory obligations or changes in the manner in which we deal with personal information. We will notify all users of any material changes to this Privacy Policy, through a notice on our Website, which the users will have to accept failing which, we reserve the right to deactivate and/ or delete such user profiles and/or deny access to the user from our Website without any prior notification. However, a user may keep a check on this policy regularly to check for any changes. We will also update the “Last Updated” date at the top of this Privacy Policy, which reflects the effective date of such policy. A user’s continued access to or use of the Website after the date of the updated Privacy Policy constitutes the user’s acceptance of the updated policy. If any user does not agree to the updated policy, such user must stop accessing or using the Website.
USER RIGHTS:
The user after reading the Privacy Policy agrees to understand his/her rights in relation to any kind of information provided on the Website by them. If the user does not agree with this policy in general or any part of it, they are advised not use Website and/or services.
Pursuant to GDPR guidelines the following rights are available to the users of the Website and visitors to the Website, who are residents of the countries which are members of the European Union:
• Right to information – the purposes for processing user information and the rights of the user.
• Right to access the information that are processed by PEN India
• Right to erasure (“Right to be forgotten”) – this includes the right of the user to have all personal data to be erased from the records of the data controller.
• Right to rectification of information furnished by the user
• Right to restriction of processing personal data
• Right to data portability of the information supplied voluntarily to us by the user.
• Right to object (opt-out) to processing Sensitive Personal Data (unless PEN India otherwise has compelling legitimate grounds)
• Rights in relation to automated decision making and profiling
Residents of countries who are members of the European Union, can exercise these rights by raising a request to Ms. Anita as specified at Contact Us section of this Privacy Policy.
SECURITY OF USER INFORMATION
The Website uses ordinary industry standard technology designed to help keep user information including sensitive personal data safe. The secure server software encrypts all information that any user puts in before it is sent to us. Furthermore, all of the user data we collect is protected against unauthorized access. To prevent unauthorized access, maintain data accuracy, and ensure correct use of information. We employ commercially reasonable and practicable security practices and procedures and security methods and technologies.
Unfortunately, the transmission of information over the internet is not completely secure. Although we strive to protect all user’s personal data, we cannot guarantee the security of user data while it is being transmitted to our Website; any transmission is at the user’s own risk. Once we have received your information, we have commercially reasonable procedures and security features in place to reasonably endeavor to prevent unauthorized access.
Notwithstanding anything contained in this Privacy Policy or elsewhere, the Website shall not be held responsible for any loss, damage or misuse of information, if such loss, damage or misuse is attributable to a Force Majeure Event. A “Force Majeure Event” shall mean any event that is beyond the reasonable control of the Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, epidemic, pandemic, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
CONTACT US
To withdraw your consent or information provided to us at any point in time, a user may do so by contacting us at penadmin@penindia.in
If you have a complaint about our use or processing of your personal information, you can contact us on the details provided on the Website.
If you have any queries regarding our Privacy Policy, you can contact our data protection officer/ grievance officer at:
E-mail: penadmin@penindia.in
Phone: +91 22 6226 9999
DISCLAIMER:
Any user associated and/or in the process of being associated with us agrees, confirms and undertakes that the data/information provided herein has been provided to us without any coercion, contest or demur. The user further confirms that the aforesaid information has been provided voluntarily and the user has no objection to us retaining a copy of the said information. This Privacy Policy is governed and is in consonance with the laws of India in effect and the courts in Mumbai shall have exclusive jurisdiction over all issues arising out of this Privacy Policy and does not take into account any proposed laws. We do not guarantee that the services we provide on the Website will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates or systems or network failures. We disclaim all liability for damages caused by any such interruption or errors in functioning. Furthermore, we disclaim all liability for any malfunctioning impossibility of access, or poor conditions of the Website due to inappropriate equipment, disturbances, related to internet service providers, to the saturation of the internet network, and for any other reason. We reserve our right to modify and/ or amend this Privacy Policy without any prior notification to any and all users.