Adtopia.club (“We”) respect the privacy of our users (“User(s)” or “you”), and are committed to protect the personal information that you share with us in connection with the use of the Services. By accessing, using the services, you agree to the terms set forth in this privacy policy, in the event you disagree to any terms herein, you may not use the service. Adtopia.club is a property of Vandalay Business Solutions Pvt. Ltd, an Indian Company registered under the Companies Act, 2013 having its registered office at Kasim Towers, Sebastian Road, Kaloor, Kochi 682017, Kerala State, India.

1)What information do we collect on our Users?

We may collect two types of data and information from our Users:

1. “Non-personal Information” We are not aware of the identity of the User from which we have collected the Non-Personal Information. Non-Personal Information is any unconcealed information which is available to us while Users are using the Site. It consists of technical information and behavioral information.
2. “Personal Information” This information may identify an individual or may be of a private and/or sensitive nature. It consists of any personal details provided consciously and voluntarily by the User and is collected from the details the Users provide when Users wish to contact us or register to the Site which requires among others: name, e-mail address, company, job title, country and phone number.

There are two main methods we use to collect data:

• Use of the Services We collect Non-Personal and Personal Information when you access or use this site. We also collect Non-Personal and Personal Information derived from information we receive from third party services and providers we work with.
• Voluntarily Provided We may collect Personal Information which you voluntarily provide when you use the Services. We may also collect Non-Personal Information through the processing, analysis and anonymization of Personal Information provided by you.

2)Purposes of the Collection of Information

We collect the information for the following:

1. to personalize the Services and content provided to you, to customize your experience
2. to provide you with and to operate the Services, including for statistical and research purposes and creation of aggregated anonymous data
3. for customization and improvement of the Services’ accuracy and interface
4. to develop, improve and customize the Services, the experience of other Users and the offering available through the Services
5. to comply with any applicable rule or regulation

3)Sharing Information with Third Parties

Adtopia will not share any Personal Information it collects with any third party unless authorized by You.

Adtopia may also disclose Personal Information in the following cases:

1. cooperate with third parties for the purpose of enhancing the Services
2. to enforce this Privacy Policy
3. to satisfy any applicable law, regulation, legal process, subpoena or governmental request
4. to detect, prevent, or otherwise address fraud, security or technical issues
5. respond to claims that any content available on the Site violates the rights of third-parties
6. to respond to User’s support requests
7. to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent
8. For avoidance of doubt, Adtopia may transfer and disclose to third parties, or otherwise use, Non-personal Information at its own discretion.

4)Non-Personal and Personal Information of Third Parties (“Customer Data”)

You warrant and represent that you own all rights, title and interest in and to the Customer Data You share with Adtopia and the Customer Data does not and will not infringe any third party’s rights.

That you have the full right, authority, permissions, approvals and consents, as required under any applicable law, to permit Adtopia to access, store, collect, analyze and process Customer Data.

You agree to indemnify, defend, and hold Adtopia harmless from and against any claims, damages, losses, and liabilities incurred or arising from your breach or alleged breach of this warranty and the Customer Data does not and will not infringe any third party’s rights.

You warrant that Customer Data has been and will be collected, processed and provided to Adtopia in accordance with applicable laws on the protection of data subjects with regard to the processing of personal data and on the free movement of such data (collectively, “Data Protection Laws“).

You further acknowledge and warrant that if Adtopia processes any Personal Information of third parties on your behalf when performing its obligations under the Terms, you shall be the data controller and Adtopia shall be a data processor and in any such case: (i) You will collect, use, transfer and otherwise process any Personal Information collected by or through the Services in compliance with all applicable laws, enactments, regulations, orders, including but not limited to the Data Protection Laws. In particular, you are responsible for providing appropriate information and obtaining any required consent from data subjects including notice and consent allowing you to collect or use Customer Data that is provided by such data subjects.

You hereby represent and warrant that neither you nor any Personnel will store or otherwise use any Customer Data in connection with the Services that: (i) violates the Terms; (ii) is defamatory, obscene, abusive, invasive of privacy, illegal or otherwise objectionable; (iii) violates any third party’s intellectual property rights or other personal or proprietary rights; (iv) invades or interferes with the rights of privacy or publicity of any person; or (v) contains a virus, malicious code or any other harmful component.

If a third party makes a claim against Adtopia resulting from your failure to comply with this Privacy Policy, you will indemnify and hold Adtopia harmless with respect to any and all damages awarded by the court to the third party provided Adtopia do the following: (i) notify you as soon as reasonably practicable (or as required by applicable law); (ii) give you sole control of the defense and any settlement negotiations; and (iii) gives you the information, authority, and assistance you reasonably needs to defend against or settle the claim.You hereby agree that Adtopia will not be liable for any claim brought by a data subject arising from any action or omission by Adtopia, to the extent that such action or omission resulted directly from the your instructions. As between Adtopia and you, you are solely responsible for any and all of Customer Data that you or any Personnel stores, transmits, displays, or otherwise uses in connection with the Services.

5) Security

We take a great care in implementing and maintaining the security of Adtopia’s Services and its User’s Personal Information. Adtopia employs industry standard procedures and policies to ensure the safety of its Users’ Personal Information, and prevent unauthorized use of any such information. However, we do not guarantee that unauthorized access will never occur.

6) Minors

Adtopia does not knowingly collect Personal Information from children under the age of eighteen (18) and does not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the Services.

7) Changes to the Privacy Policy

Adtopia reserves the right to change this policy at any time, so please re-visit this page frequently. We will provide notice of substantial changes of this policy on the homepage of the Site and/or we will send you an e-mail regarding such changes to the e-mail address that you may have provided us with. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” date.

8) Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mr.Benjamin Thomas

Vandalay Business Solutions Pvt. Ltd
#63/786E,2nd Floor,Kasim Towers,
Sebastian Road, Kaloor, Kochi 682017,
Kerala State, India.

If you have any questions (or comments) concerning this Privacy Policy, you are welcome to send us an email at: info@adtopia.club and we will make an effort to reply within a reasonable timeframe.

WELCOME TO ADTOPIA. PLEASE READ THIS AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES (as defined below) OFFERED BY ADTOPIA. By ACCESSING OR using the SERVICES in any manner, you (“USER”) agree that you have read and agree to be bound by and a party to the terms and conditions of this agreement to the exclusion of all other terms. If the terms of this agreement are considered an offer, acceptance is expressly limited to these terms. If you are ACCEPTING this agreement on behalf of an organization, you represent that you have authority to do so. IF YOU HAVE ANY QUESTIONS, COMMENTS, OR CONCERNS REGARDING THESE TERMS OR THE SERVICES, PLEASE CONTACT US AT info@adtopia.club, Vandalay Business Solutions, Karim’s Towers, Sebastian Road, Kalloor, Kochi 682017, Kochi, Kerala State, India.

1)Definitions

"Services" means the web based features and services included in Adtopia that enable you to manage and tailor your production and publication of ads on Facebook through Facebook Ads Campaign Manager and do so at scale.

"Agreement" means these terms and conditions including all policies, procedures and/or guidelines which appear on the Website from time to time as well as all Facebook Terms.

"Ads Content" means any and all information and files that you post on Facebook by the use of the Services.

"Facebook Ads Campaign Manager" means the service available at Facebook's online advertising portal.

"Facebook Terms" means any and all terms and conditions including policies, procedures and/or guidelines on Facebook from time to time.

Content means any content (including without limitation any information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services) User or any of its salespersons, employees, contractors, or agents adds, creates, submits, distributes, uploads, posts, transmits, or otherwise disseminates (or is added, created, uploaded, submitted, distributed, or posted on behalf of User) through the Website.

2)USE OF THE SERVICES

Only individuals that are 18 years or older are permitted to use the Services. The Website is not intended for children under the age of 18. Adtopia does not target its Services or the Website to children under the age of 18. Adtopia does not knowingly collect Personal Data from children under the age of 18.

In your use of the Product and/or Services, you warrant that you will at all times comply with the applicable policies of third party platform provider (as applicable), including: (i) comply with the advertising policy of Facebook available at https://www.facebook.com/ad_guidelines.php and as updated from time to time, (ii) comply with the Facebook terms of use available at https://www.facebook.com/legal/terms and as updated from time to time.

3)PRICES FOR PREMIUM MEMBERSHIP AND OTHER SERVICES

The Premium Membership Fee shall be paid in advance to Adtopia by PayPal Business Account (or any other payment method designated by Adtopia from time to time). For more information about PayPal, its current terms and conditions for services and creating a PayPal Business Account visit http://www.paypal.com.

4)Cancellation

The Adtopia Terms shall remain in effect until either of us terminate them in accordance with this Section

Cancellation of Services. You can cancel your Services at any time by following the cancellation procedure published here. If you cancel paid Services, you must pay throughout any agreed term and you are not entitled to any refunds.

Cancellation by Adtopia. We may also cancel your Services, at our sole discretion, for any reason, without notice at any time. If you prepaid for Services for a specified term, and we terminate your Services under this section, we shall offer a pro rata refund of the prepaid fees.

Termination for Cause. We may both terminate the Adtopia Terms, effective immediately, if the other party commits a material breach of the Adtopia Terms and fails to remedy such breach within thirty (30) days of receiving a written request to cure. Additionally, we may suspend or terminate your access to the Services if you violate any terms of use or use the Services in a way that creates risk or possible legal exposure to us, other customers or others. If you terminate the Adtopia Terms for cause, we will refund any prepaid fees as of the termination date.

5) RESTRICTIONS

User shall not directly or indirectly (a) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code of the Service (except to the extent that such a prohibition would be prohibited by law), (b) use the Service in any manner that, or contribute any Content that, infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party, (c) copy, distribute, manufacture, adapt, create derivative works of, translate, localize, port or otherwise modify any part of the Service, (d) use the Service in any manner that, or contribute any Content that is harmful, fraudulent, deceptive, threatening, abusive, obscene, libelous, disrespectful or otherwise objectionable, or that violates any law, statute, ordinance, regulation, or Facebook Advertising Policies.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the User who originated such Content. User represents that all Content provided by User is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. Further, User acknowledges that all Content accessed by User using the Services is at their own risk and User will be solely responsible for any damage or loss to you or any other party resulting therefrom. You will include terms and conditions in your official rules or other terms conspicuously visible to each campaign participant (such as a link visible on campaign page, or by using clickthrough or other similar features) that accomplish the following: (i) informs campaign participants that (a) you may be collecting nonpublic personally-identifiable information about them in connection with the operation of the campaign, (b) your use of the foregoing information will be subject to your privacy policy and (c) Adtopia use of that information on your behalf will be subject to Adtopia privacy policy; (ii) obtains the campaign participants’ consent as required by applicable law to your and Adtopia use of the information noted in Adtopia Privacy Policy and (iii) states that each campaign participant unconditionally releases and holds harmless Adtopia and campaign-associated third party sites from any and all liability associated with the Sponsor’s campaign.

6) INTELLECTUAL PROPERTY RIGHTS

All copyright, designs, patent, trademarks, trade names and other intellectual property rights (“IPR”) in and to Adtopia or displayed on the Website are and shall remain the exclusive property of Adtopia (or Facebook, PayPal or any third party as the case may be). You do not acquire any IPR to Adtopia apart from the right of use under this Agreement. Any unauthorized reproduction, redistribution, publishing, transmission, modification, sale and any other usage of the IPR of Adtopia is prohibited and may result in civil and criminal penalties. By transmitting, sending or posting any Ads Content by the use of the Services you grant Adtopia the nonexclusive, sub licensee and perpetual license to use, copy, display, modify or otherwise dispose of any such Content for any purpose.

7) INDEMNITY

User will indemnify and hold Adtopia, its parents, subsidiaries, affiliates, officers, and employees harmless (including without limitation from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand due to or arising out of User’s or its salespersons’, employees’, subcontractors’, or agents’ breach of this Agreement.

8) CONFIDENTIALITY

Each party (the “Receiving Party”) may receive business, technical, financial or other proprietary information, materials, and/or ideas from the other party (the “Disclosing Party”) during the term of this Agreement (“Confidential Information”). Adtopia’s Confidential Information shall include, without limitation, details about the Services and its features and about potential pricing of paid services and the terms of this Agreement. The Receiving Party agrees to hold in confidence and not use (except to exercise its rights or fulfill its obligations hereunder) or disclose the Disclosing Party’s Confidential Information. Confidential Information shall not include: (a) information that is or becomes publicly available through no fault of Receiving Party, (b) was in Receiving Party’s possession or known by it without restriction prior to receipt from the Disclosing Party, (c) was rightfully disclosed to Receiving Party by a third party without restriction, or (d) was independently developed by Receiving Party without use of any Confidential Information of the Disclosing Party. The Receiving Party may make disclosures of Disclosing Party’s Confidential Information required by law or court order provided it uses reasonable efforts to limit disclosure and to obtain confidential treatment or a protective order for the Confidential Information

9) WARRANTY DISCLAIMER.

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NEITHER ADTOPIA NOR ITS SUPPLIERS WARRANTS THAT THE SERVICE WILL MEET BUSINESS’S REQUIREMENTS OR RESULT IN ANY OUTCOME, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, ADTOPIA HEREBY DISCLAIMS (FOR ITSELF AND ITS SUPPLIERS) ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICE INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, INTEGRATION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

10) LIMITATION OF LIABILITY.

EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, In no event shall Adtopia (OR ITS SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF this agreement, regardless of the form of any claim or action (whether in CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), for any (A) MATTER BEYOND ITS REASONABLE CONTROL (INCLUDING ANY ERROR OR DAMAGE ATTRIBUTABLE TO ANY NETWORK OR SYSTEM), (B) LOSS OR INACCURACY of data, loss or interruption OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS or SERVICE, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS AND GOODWILL, AND TRADING AND INVESTMENT LOSSES, OR (D) damages, IN THE AGGREGATE, in excess of the greater of INR 25,000 or the fees paid by User hereunder in the SIX (6) MONTHS preceding the applicable claim, EVEN IF ADTOPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

11)AMENDMENT TO TERMS

Adtopia may change the Terms from time to time, at its sole discretion and without any notice. We will notify regarding substantial changes of these Terms on the homepage of the Site. Such substantial changes will take effect seven (7) days after such notice was first provided on any of the abovementioned methods. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Product after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

12)TERM AND TERMINATION

Adtopia may change the Terms from time to time, at its sole discretion and without any notice. We will notify regarding substantial changes of these Terms on the homepage of the Site. Such substantial changes will take effect seven (7) days after such notice was first provided on any of the abovementioned methods. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Product after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

12.1 Term. This Agreement shall commence on the Effective Date, and shall continue in effect unless terminated as permitted herein.

12.2 Termination. A. This Agreement may be terminated by either party at any time without cause with thirty (30) days prior written notice.

Adtopia may immediately terminate this Agreement, and/or suspend any and all features of the Service, and/or User’s access thereto, without prior notice or liability, if User (or any of its salespersons, employees, subcontractors or agents) breaches any of the terms or conditions of this Agreement.

13)MISCELLANEOUS

Nothing in these Terms shall in any way be construed to constitute You or Adtopia as an agent, partner, joint-venturer, employee or representative of the other, and both You and Adtopia shall remain independent contractors. You may not assign the Terms or give or transfer the Product or an interest in them to another individual or entity. Each of You and Adtopia intends that these Terms will not benefit, or create any right or cause of action in or on behalf of, any person or entity other than You and Adtopia. You agree that Adtopia may publicly refer to You as its You in sales presentations, marketing materials and press releases, and that Adtopia shall be permitted to display the logo of the You on Adtopia’s website. Each of You and Adtopia will be excused for delays in performing or from its failure to perform hereunder (other than payment delays) to the extent that the delays or failures result from causes beyond the reasonable control of such party; provided that, in order to be excused from delay or failure to perform, such party must act diligently to remedy the cause of the delay or failure. No waiver by either You or Adtopia of any breach of these Terms will constitute a waiver of any other breach of the same or other provisions of these Terms. No waiver by either You or Adtopia will be effective unless made in writing and signed by an authorized representative of that party. These Terms constitute the entire agreement and understanding of You and Adtopia relating to the subject matter hereof. If any provision in these Terms is invalid or unenforceable in any circumstance, its application in any other circumstances and the remaining provisions of these Terms will not be affected thereby.

14)GOVERNING LAW AND JURISDICTION

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Kochi shall have exclusive jurisdiction in any proceedings arising out of this agreement.

Any dispute or difference, either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Company and its decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be held in Kochi The Courts at Kochi alone shall have the jurisdiction and the Laws of India shall apply. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys’ fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.