This privacy policy (“Privacy Policy”) is published by Mr. Prince Kumar (the “Proprietor”, “We”, “Us”), the developer and owner of the digital entertainment platform titled “Zmist Games”. This privacy policy applies to information collected through the website located at https://www.zeemist.com/ as well as the Zmist mobile application (collectively, the website and the application shall be referred to as the "Platform"); whether accessed via a computer, mobile device or any other compatible technology. We are committed to protecting privacy of Our Users and grant importance to the confidentiality of user data over the internet. Accordingly, this Privacy Policy explains what information may be collected through the Platform, how such information may be used and/or shared with others, how we safeguard it and how You may access and control its use in connection with Our marketing communications and business activities.

This Privacy Policy is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents/records under various statutes as amended by the Information Technology Act, 2000. This Privacy Policy does not require any physical, electronic or digital signature and is a legally binding document between the User and Us. This document is published in accordance with the relevant provisions of the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Information Technology (Reasonable Security Practices & Procedures & Sensitive Personal Data or Information) Rules, 2011 (hereinafter referred to as the “SPDI Rules”), which mandate publication of a privacy policy to provide for relevant information pertaining to collection, use, storage, transfer/disclosure of Personal Information and Sensitive Personal Information.

The Privacy Policy together with other relevant terms available on the Platform including the terms and conditions published on the Platform (“Terms”) and other agreements between the user (of the Platform) and the Proprietor (as may be applicable) is applicable to the Users of the Platform (hereinafter also referred to as “You”, “Your”, “Yourself”). It is clarified that any capitalized term used but not defined in this Privacy Policy shall have the meaning attributed to it in the Terms.

This Privacy Policy governs and sets forth the understanding in relation to the collection, usage, processing, storage, and disclosure of information that You may provide to Us electronically in connection with Your use or access of any of the Services available on the Platform. The User acknowledges that this Privacy Policy, Terms and such other policies as may be framed by Us from time to time (as available at the Platform) form the collective set of agreements (“Agreement”) with the User in relation to Your use of the Platform.

We collect various types of Information, such as Personal Information (as defined hereinafter) including Sensitive Personal Information (as defined hereinafter), and User Data (as defined hereinafter) from the User in various ways (as detailed herein below) as per the applicable laws in India during and as a result of Your use or access of Our Platform and the Services elaborated in the Terms. We collect and process the Information Collected in the aforementioned manner (in accordance with the Privacy Policy and User’s consent) for the purposes mentioned in this Privacy Policy.

By visiting or using Our Platform and/or Services in any manner, You acknowledge and accept the practices and policies outlined in this Privacy Policy and hereby consent to Our collection and processing of Information Collected in accordance with the terms herein and the Agreement. You further acknowledge and accept that You are lawfully authorized and have the legal capacity to provide Your information to Us and accordingly agree to give Your legal consent for the collection and processing of such information by Us. You further agree that such collection and processing of Your Information Collected in accordance with this Privacy Policy shall not cause any loss to any other person. You acknowledge that anything done, caused to be done, whether expressly or impliedly in contravention of this Privacy Policy may render You liable for legal action. We shall not be held liable in any manner whatsoever if there is any error or deficiency by Us in Our business transaction with You due to any information You provide Us which is incorrect or provided in a manner contrary to this Privacy Policy or due to any withdrawal of Your consent. You acknowledge and agree to indemnify and hold Us and/or Our representatives and/or associates, etc. harmless from any complaints, legal proceedings or claims filed or initiated by any third party against Us due to any breach by You of the terms of this Privacy Policy through any act or omission attributable to You.

The Information Collected (including Your Personal Information, Sensitive Personal Information and Usage Data, as may be applicable) is used by Us strictly in line with Our business purposes and to provide You with useful features, including for provision and enhancement of Services, the operation of the Platform and to respond to Your requests/queries in an efficient manner. If You are not agreeable to this, please do not use this Platform and/or Services provided by Us. If You proceed to use this Platform and/or Services provided by Us, You hereby consent to Our collection and processing of Your Information Collected in the manner described in this Privacy Policy.

For the purpose of this Privacy Policy, reference to the term “Personal Information” shall mean the Personal Information or data of a User available with Us in electronic form (as elaborated below) and includes information through which a User is capable of being identified, whether directly or indirectly (in combination with other information available or likely to be available with Us in electronic form). Personal Information will not include anonymized information that has been appropriately processed to make it non-identifiable in order to irreversibly prevent its identification.

Further, for the purpose of this Privacy Policy, any reference to the term “Sensitive Personal Information” shall refer to the specific Personal Information of a User (as available with us in electronic form) which qualifies as “sensitive personal information and data” in terms of the SPDI Rules. For reference, per the SPDI Rules, “sensitive personal information and data” includes Personal Information which falls in the following categories: Passwords; Financial information such as bank account or credit card or debit card or other payment details; Physical, psychological and mental health conditions; Sexual orientation; Medical records and history; Biometric information. Users should note that We may collect and process certain Sensitive Personal Information of Users of the Platform, with consent from relevant Users and for certain purposes in relation to and for the purpose of the Services in accordance with the Agreement.

It is clarified that reference(s) to the terms “User(s)”, “You”, “Your”, “Yourself” herein shall mean an adult individual (above the age of eighteen years), who has validly signed up/registered on the Platform for availing any of the Services provided by the Platform and/or has access to/use the features and functionalities of the Platform and who in connection with the Platform and the Services may access or avail, share, transact, view, display, download or upload any of the Information Collected on the Platform.

For the avoidance of doubt, subject to the Terms, We do not provide Services to any individuals below the age of eighteen years (“Minors”). We never knowingly seek Personal Information (including Sensitive Personal Information) from a person who has not attained the age of majority. If You are a parent or guardian having lawful custody of a Minor and are aware that the Minor in Your care has provided Us with any such information, without Your knowledge and consent, We request You to contact Our Grievance Officer in the manner provided in this Privacy Policy. If We become aware that We have collected any Personal Information from Minors in contravention of terms herein, We will take appropriate steps to remove that information from Our servers and/or to deactivate the relevant Account (if any) associated with such persons as soon as reasonably practicable.

Further, it is clarified that reference(s) to “Business Partner(s)” shall refer to the natural /or legal person(s) with whom We have a business arrangement or collaboration under a definitive agreement, in relation to the functioning of the Platform and its Services. Accordingly, Our Business Partners may include advertisers, advertising network partner(s), analytics companies and/or other third parties operating business in connection with market research, digital security and authentication, performance monitoring including but not limited to related services offered by Google and Meta. For further information concerning Zmist Games and Our Services, Users are encouraged to refer to the Terms published on the Platform.

Users should note that the Information Collected including Personal Information shared with the Proprietor shall be primarily processed in India by the Proprietor, but may be processed in such other jurisdictions where a third-party is engaged by Our Business Partner(s) who may process the data on Proprietor’s behalf (to execute the intended Services) in accordance with applicable laws. We will on commercially reasonable basis require Our Business Partners to adopt reasonable security standards to safeguard Your information/data in accordance with this Privacy Policy equivalent to the security standards maintained by Us under applicable laws. By agreeing to this Privacy Policy, You provide the Proprietor with Your explicit consent to collect, store, and process Your Information Collected for the purpose(s) defined in this Privacy Policy. Further, if You reside outside the territory of India, You acknowledge and accept that data protection regulations in India may differ from those of Your country of residence.

In case You have any concerns in the processing of Your Personal Information, please reach out to Our Grievance Officer in the manner specified in clause 10 in this Privacy Policy.

In the course of providing Services to You through the Platform and through Your use of the Platform, You acknowledge and accept that We may collect User Data, Personal Information, Sensitive Personal Information and other types of information listed below (collectively “Information Collected”) from the User in the following ways: (i) as information supplied by Users; and/or (ii) as information automatically collected, processed and/or tracked during Users navigation/activity on the Platform; and/or (iii) as communicated directly to Us via e-mail or other electronic mode. You hereby expressly consent to Our collection and processing of the aforementioned information for the purposes relating to the provision of Services through the Platform.

We may collect Personal Information for purposes including the creation and administration of a user account (“Account”) on the Platform. Such information may include Your name (including Your username) and social media accounts that You choose to link or associate with Your user Account on the Platform. Where You choose to link or sign in using a third-party social media account, We may receive limited information from such third-party platform, in accordance with the applicable terms and privacy policies of such platform (“Third-Party Terms”) and based on the permissions granted by You. Such information may include Your public profile information, username, or other details authorized (by You) for sharing with Us. We recommend that You review the relevant Third-Party Terms to understand how they apply to You. The Platform may also collect, and process limited Sensitive Personal Information in the form of payment-related information, solely in connection with Platform’s in-game purchases, including transaction identifiers and related purchase details, in accordance with applicable law, for the purpose of validating digital entitlements. Your Information Collected may be used to ascertain inter alia to verify eligibility for the Services, along with Our internal analytics and reporting purposes.

Subject to applicable law, We may automatically collect usage-related information and technical data relating to Your hardware devices when You access and/or register on the Platform. Such information may include unique device identifiers, device model, network carrier, operating system version, and other device identifiers, including advertising IDs (like GAID and IDFAs). We may also collect information regarding Your geographic region and IP address based on Your activity on the Platform. Additionally, We may obtain and store information relating to how You interact with the Platform, including Your in-game progress, achievements, activities, sessions, crash logs, gameplay data, session rankings, and usage frequency (collectively, “User Data”). We may combine this User Data with other information, including Personal Information and Sensitive Personal Information We have collected about You in order to provide or enhance the Services and to offer features and functionalities on the Platform.

Further, We process, store and collect communications between You and the Proprietor, and related information such as contact details. If the User communicates with Us, for example, via e-mail, registers with Us, or provides Feedback (as defined in the Terms) or Grievances (as defined in the Terms) any information provided in such communication by User may be collected by Us for the purpose of responding to the User, resolving Your queries and rendering Services and/or offering use of the Platform. We collect Information that You upload to, or choose to share through, Our Services and/or Platform in accordance with the Terms. As mentioned above, Users should note that if You opt to access the Platform through a third-party service such as a social media platform, once You opt to connect/link to such a service, We may collect, without limitation, Your username associated with that platform, as well as any information or content the platform is authorized to share with Us as per its terms, including but not limited to Your profile picture, email address, contact details, and any information You have made publicly available on that platform.

It is reiterated that We use the Information Collected through the Platform and Services only in the manner mentioned in this Privacy Policy. Except for the disclosures mentioned to be made in the Privacy Policy, We do not disclose or share the Information Collected in any manner whatsoever. We do not publish or sell Your Personal Information in any way.

You acknowledge and accept that We are not responsible for the authenticity of any Information Collected, including the Personal Information that You provide to Us. You are solely and exclusively responsible for providing Us information about You that is true, authentic, and correct in all aspects and particulars. If You provide inaccurate or false information to Us, You shall be liable to indemnify and hold harmless the Proprietor (and its contractors or agents and any third party relying on the information provided by You) and such act by You will be considered in breach of this Privacy Policy.

Correction, Updation and Amendment of Information Collected: You shall have the sole responsibility to intimate Us and request correction of inaccurate Personal Information maintained by the Proprietor about You. You may intimate Us in this regard by reaching out to Our support team (coordinating with You for the Services) through electronic communication via the following email address support@zeemist.com. Upon receipt of a verifiable request from You, We will use commercially reasonable efforts to correct the inaccurate Personal Information taking into account the nature of the information, the purposes of the processing and the applicable laws and regulations.

While We have implemented commercially reasonable physical, managerial, operational and technical security measures (as detailed herein below) to protect against the loss, misuse and alteration of Information Collected and to preserve the integrity and security of the Personal Information (including Sensitive Personal Information) in Our care, the User acknowledges and accepts that Information Collected on the Platform may be transmitted to third-party data servers for the purposes mentioned herein below in clause 5 and accordingly processed subject to the terms and policies of such data server. Principally, We and Our Business Partners may collect, process and transmit such information to the extent required to facilitate participation on the Platform or maintain Your access to Our Services.

We may disclose Your information as We may deem necessary by sharing such information with third parties, including but not limited to Our Business Partners and other third parties who are responsible for fulfilling Services for Users on the Platform, in the manner and for the purposes described herein below. The transfer or disclosure of Your Personal Information to third parties in the manner mentioned will only be done once it is ensured that the third party receiving such information has implemented the same level of security practices as We have in the manner mentioned herein.

Other than as specifically stated in this Privacy Policy, We will only disclose Your Personal Information in the event it is required to do so by applicable law, rule, regulation, law enforcement agency, governmental official, legal authority or similar requirements applicable to Us or if We, per Our sole discretion, deem it necessary in order to protect Our rights or the rights, property or personal safety of others; respond to claims, to prevent harm to persons or property, to fight fraud and credit risk, or to enforce or apply the Privacy Policy or Agreement, as and when deemed necessary. All transfers or disclosure will be for lawful purposes only.

We may use, process and store the Information Collected including Your Personal Information, Sensitive Personal Information and User Data and other information as shared and allowed to be stored by You along with the information as available in or linked with Your account with Us to facilitate Your use of Our Services. In particular, We (and Our Business Partners including third-party data processors, vendors and data hosting partners who may be engaged and authorized by Us and acting on Our behalf) may collect, store and process Information Collected for the following reason(s):

Further, We may use, store and process the Information Collected for the following reason(s):

We do not collect or process Your information in any manner other than as specifically stated in this Privacy Policy. For avoidance of doubt, We reiterate that We do not knowingly seek any information including Personal Information and sensitive personal data and information under the Information Technology Act, 2000 from any person who has not attained the age of majority under applicable laws in the jurisdiction such person is resident in.

We may disclose Your Personal Information as part of any sale or acquisition of Our business assets, as well as in the event of insolvency, bankruptcy or receivership upon prior written intimation to You.

Our Platform may contain links to third party websites or applications. The User agrees and understands that these website(s) and application(s) are not under Our control and subject to additional and separate terms and policies. The User acknowledges and accepts that once the User leaves Our Platform, use of any information provided by the User will be governed by the privacy policy and terms of the operator of these website(s) and application(s).

You acknowledge and accept that Your Information Collected shall be disclosed, transferred and shared with the parties mentioned hereunder who are responsible for fulfilling Services requested by Users on the Platform. You further acknowledge and accept that while making use of Our Platform, You authorize Us to share the Information Collected with the said parties in the manner described below.

We may share the Information Collected including Your Personal Information and Sensitive Personal Information with Our Business Partners and other relevant third parties for purpose(s) defined under this Privacy Policy in the course of Your use of Services on the Platform. Except for Our Business Partners, We do not disclose or transfer Your Personal Information to any third parties without Your prior consent except in limited and specific circumstances where such disclosure is mandatory, as elaborated herein.

Where relevant for fulfillment of Services, We may share Your Personal Information (including Sensitive Personal Information) with Our Business Partners, who are contractually bound to safeguard the confidentiality and security of such information in accordance with applicable laws and this Privacy Policy. We may share Your Personal Information as well as Your non-personal information (such as Your User Data) with Business Partners that We work with for facilitating the Services as well as other associated business activities/facilities/transactions including not limited to billing, payments, communication, consumer support, marketing, data and information storage, transmission, security, analytics, audit, investigation, forensics, fraud detection, risk assessment in the manner permitted under law on a need-to-know basis.

We do not share Your Personal Information with Business Partners for any other purpose(s) except as may be required for fulfilling their part of Services or as mentioned in this Privacy Policy. The User accepts and acknowledges that the said parties use/process Personal Information shared with them for their services as independent data controllers, and such services may be subject to separate terms and privacy policies. If You choose to avail any such services offered by said parties, the services so availed will be governed by the privacy policy of the respective party providing such service.

In the interests of improving personalization and service efficiency, We may, under controlled and secure circumstances, share Your Personal Information with Our Business Partners. This will enable Us to provide You with information which might interest You in relation to the Services; or help Us address Your questions and requests in relation to Your use of the Platform.

If Our business is acquired, Our customer information may also be transferred to the acquirer depending upon the nature of such acquisition in accordance with this Privacy Policy. In relation, as part of business expansion/development/restructuring or for any other reason whatsoever, if We decide to sell/transfer/assign Our business, any part thereof, then as part of such restructuring exercise Our customer information including the Personal Information collected herein shall be transferred accordingly in accordance with this Privacy Policy.

We retain and store Your Information Collected strictly as is necessary for the business purposes which are elaborated herein. The security of Your Personal Information is important to Us. All Personal Information collected on Our Platform is securely transmitted to Our internal computer servers and to Firebase Analytics (Google), Google AdMob, Facebook (Meta) and DigitalOcean servers to ensure secure storage of data as per Our Agreement. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. We implement commercially reasonable physical, managerial, operational and technical security measures to protect the loss, misuse and alteration of the Information Collected and held in Our possession. We take necessary precautions to protect Your Personal Information both online and off-line and implement reasonable security practices and measures that are commensurate with respect to the information being collected and the nature of Our business in accordance with legal and industry standards and the applicable laws. The User acknowledges and understands that the third-party storage servers utilized by Us are subject to additional and separate terms and policies of their operators, which may be applicable to the User in addition to the Agreement.

Although We make best possible efforts to store Your Personal Information in a secure operating environment that is not open to the public, the User acknowledges and agrees that there is no such thing as complete security, and We cannot guarantee safety or security of Your information as events beyond Our control can also occur, both during transmission of Your information and once We receive it. If We become aware that there has been any unintended disclosure of Your Personal Information in a manner not in accordance with this Privacy Policy, We will use reasonable efforts to notify such User of the nature and extent of such disclosure as soon as reasonably possible and as permitted by law. We encourage the User to follow certain security measures on their part, including: if using a computer in a public location, to always log out and close the website browser when You complete Your online session; keep Your Account details and passwords private; frequently change Your password; and avoid using the same password for multiple online accounts.

Tenure of Storage and Retention of Information Collected: We typically retain Your Information Collected until We use the data for the specified purpose under this Privacy Policy or unless a longer period has been prescribed under the applicable law. You acknowledge, accept and understand that the Proprietor will retain Your Information Collected for as long as it is reasonably necessary for the purposes listed in this Privacy Policy. As provided above, in some circumstances, You acknowledge and accept that We may also retain Your Personal Information for longer periods of time for purpose of compliance under applicable laws and regulations, for instance where We are required to do so in accordance with any legal, regulatory, tax or accounting requirements.

Users are encouraged to communicate any concerns regarding User’s Personal Information to Our Grievance Officer in writing by using the applicable contact details set out at clause 10 of this Privacy Policy. In case the User opts to decline to provide consent or withdraw any consent granted to Us in respect of collection or processing of the User’s Personal Information or request deletion of any of the Information Collected, the User acknowledges and agrees that such action may interfere with or render it impossible for Us to offer any further Services to the User and We may be forced to limit, suspend or terminate Your access to the Platform and/or the Services.

User hereby agrees and acknowledges that We shall not be held liable in any manner whatsoever if We are unable to perform Our Services or if there is a deficiency in the Services provided by Us due to User’s Information which is incorrect or due to any withdrawal of consent. User acknowledges and agrees to indemnify and hold Us and/or Our agents, representatives and/or associates, etc. harmless from any complaints, legal proceedings or claims filed or initiated by any third party against Us due to any breach by the User of the terms of this Privacy Policy.

We provide Users with the opportunity to opt-out of receiving non-essential (promotional, marketing related) communications from Us (on behalf of Our Business Partners, and from Us in general) after setting up an Account by sending an email to the following email address: support@zeemist.com.

We re-iterate that in case You have any concerns in the collection and processing of Your Personal Information or any relative consent or permission You have granted Us in this regard, please reach out to Our Grievance Officer in the manner provided in this Privacy Policy.

You acknowledge and accept that the Proprietor may update this Privacy Policy at any time, with or without advance notice. In the event there are changes in the way Proprietor treats User’s Personal Information, or in the Privacy Policy itself, Proprietor will display a notice on the Platform. Any changes We may make to Our Privacy Policy (including but not limited to the way in which the Proprietor treats User’s Personal Information, or in the Privacy Policy itself) will be posted on this page and, in relation to substantive changes, Users will be notified by email. Please check this policy frequently to see any updates or changes to Our Privacy Policy. If You do not agree or consent to these updates or changes, do not continue to use the Platform.

If You object to any of the changes to Our Privacy Policy, and You no longer wish to avail the Services, You may contact Us at support@zeemist.com to deactivate Your account or may contact in the manner specified in clause 10 herein for any other grievances or issues related to the collection of Your Personal Information under this Privacy Policy. Unless stated otherwise, Proprietor’s current Privacy Policy applies to all information that the Proprietor has about You and Your account. If a User uses the Platform, after a notice of changes published on the Platform, such User hereby consents to the changed terms.