Privacy Policy

Melting Watch-II; Subhakar Tadi; India; 2004; Etching on paper; 24.5 cm x 49.5 cm. Courtesy of Museum of Art & Photography (MAP), Bengaluru

  1. This document is an electronic record and is governed by the provisions of the Information Technology Act, 2000 and the allied rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
  2. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the website https://imp-art.org/ by any person.
  3. Impart, registered at The Art & Photography Foundation, Bengaluru, Karnataka, operates and manages the website https://imp-art.org/ (“Website”). Through this platform, Impart provides Users with access to its products, catalogues, services, and courses (“Services”). Herein, "Impart," "We," "Us," or "Our" refers to the organization, and "User," "You," or "Your" refers to website users. Impart and Users may be referred to individually as a “Party” and collectively as the “Parties.”
  4. We recognise the importance of Your privacy and are committed to protecting it. This privacy policy (“Privacy Policy”), together with the Terms of Use available at Our Website, governs Your use of Our Website and outlines how We process, collect, use, store, disclose, transfer and protect the information provided to Us by You. This Privacy Policy is an integral part of the Terms of Use available on the Website, the terms of which are deemed to be incorporated by reference in this Policy.
  5. By accessing and/or using Our Website, or by otherwise providing Us with Your information, You acknowledge and confirm that You have read, understood and agree to be bound by this Privacy Policy, as may be amended from time to time, and consent to the collection, usage, storage, disclosure, handling, processing, sharing or transfer of Your information in accordance with the terms set out hereunder. For this reason, We request You to go through the Privacy Policy and Terms of Use, before You decide to use or access this Website, and periodically review the same.
  6. COLLECTION OF INFORMATION AND USAGE
    6.1 Type of information collected
    (a) For a better and personalised experience, You may be asked to provide Your information anytime You visit, browse or use the Website. The information collected will be retained and used by Us in accordance with the terms of this Privacy Policy. We may also combine the information received from You with other information to provide and improve Our Services.
    (b) We may collect a variety of information from You, including Your full name, password, phone number, email address and contact preferences, including any other usage and interaction details with Us. We may collect such information which, either directly or indirectly, when combined with other pieces of information available with Us could reasonably allow You to be identified (“Personal Information”). Personal Information shall include but is not limited to:
    (i) Contact information, such as Your full name and email address;
    (ii) Demographic information, such as, gender, age, and date of birth;
    (iii) Account login information, i.e., any information that would be required for the purpose of creating a user account with Us, such as, login ID, email address, username, password.
    (c) We may also collect, receive, process or store certain sensitive personal data or information consisting of, but not limited to:
    (i) Password;
    (ii) Any detail relating to the above Personal Information categories as provided to us for providing any Service; and
    (iii) Any of the information received under above Personal Information categories by Us for processing, stored or processed under lawful contract or otherwise. (Collectively, referred to as “Sensitive Personal Information”).
    (d) Automatically collected information: In addition the above, We would like to inform You that due to communication standards on the internet, whenever You access, use or browse Our Website, we automatically receive and collect certain anonymous information in standard usage logs through Our web server, including mobile network information, standard web log information, traffic to and from Our Website, tracking on the Website and any other available information from:
    (i) The Internet Protocol (“IP”) address, assigned to the device used by You;
    (ii) The domain server through which You access the Website and the functions and features therein; and
    (iii) The type of device used by You.

    6.2 Use of information collected
    (a) We may use, collect or process the information provided by/obtained from You for the following purposes:
    (i)For creating and managing the account created by You with Us on the Website, and to provide You with updates of Your account and inform You on any matter relating to the conduct of Your account;
    (ii) To solicit feedback from You on the Website and/or the Services offered therein;
    (iii) To inform You about any changes to Our Services, new launches, updates, upcoming events, promotional offers, informational content and recommended Services based on Your past Services that You have enquired about unless You choose to opt-out of receiving such information;
    (iv) To improve our Website, as well as improve and personalise Your experience of the Website, using data such as Your Personal Information, technical computer information and information on Your prior usage of Our Website;
    (v) To analyse trends and traffic, and track usage data;
    (vi) To prevent, detect or monitor any illegal activity on the Website, fraud or abuses of the Website;
    (vii) As required or permitted by law;
    (viii) To enable third parties to carry out technical, logistical or other functions on Our behalf;
    (ix) To resolve any request, complaint or dispute raised by You in relation to Our Services and/or Your use of the Website.
    (b) We use the automatically collected information (as stated in Clause 6.1 (d) above) such as traffic and other data to provide Us with information to get an understanding on Your usage of the Website, help diagnose any issues with the Website and strengthen the Services we provide You.
    (c) We may also choose to use aggregate information (i.e., data collected by Us about a group or category of Services, or users from which references to individual user identities have been removed) to monitor the usage of the Website and help us improve the Website and Our Services.
  7. CONSENT
    7.1 By expressly providing Your contact information, where necessary, You hereby consent to being contacted by Us, through email only, in relation to receiving follow up communication from Us in relation to Our Services and Your Purchases.

    7.2 We, or Our agents, representatives, third party service providers or affiliates, may also contact You, via email, for the purpose of sharing newsletters, updates, offers, marketing or promotional materials and such other communications in respect of Our Services, if You have consented to being contacted for these purposes. If You wish to opt-out of receiving such promotional or marketing related content, You may contact Us in the manner provided under Clause 20 below.

    7.3 By opting to avail third party services through the Website, You hereby authorise and expressly consent to the sharing of Your information by Us with the concerned third party service provider. Third-party services are web-based technologies that are not exclusively operated or controlled by Us. We use third-party services for the purpose of sharing newsletters, updates, offers, marketing or promotional materials etc. These services may be separate websites or may be applications embedded within Our website. Some third parties provide these services to Us under contract, while others, such as social media sites, do not. Where practicable, we will provide clear notice before you are directed to a third-party service from Our website. Third-party services have their own privacy policies, and You may be giving them permission to use Your data in ways we would not. You have the option to decline accessing such third-party websites, thereby limiting the sharing of Your data with these services. You may revoke your link with such accounts at any time.

  8. DISCLOSURE OF INFORMATION COLLECTED
    8.1 We may, from time to time, be required to share the information obtained from You with Our vendors, affiliates and third-party service providers, who assist Us in, among other things, the provision, purchase and delivery of Our Services to You.

    8.2 By using Our Website and/or availing Our Services, You hereby consent to the disclosure of Your information with third party service providers.

    8.3 We ensure that the vendors, affiliates and third-party service providers to whom We disclose Your information are bound by reasonable confidentiality obligations and/ or use, maintain and follow generally accepted industry and security standards with respect to such information.

    8.4 We may also be required to disclose Your information, in the event such disclosure is necessary for compliance with any legal obligation, or is requisitioned under any law, judicial or other government subpoena or warrant, or if We, in Our discretion and in good faith, deem it necessary to comply with applicable laws, or to otherwise cooperate with law enforcement or other governmental agencies. We will also share/disclose such information to protect against legal liability.

    8.5 We will fulfil any legal obligation of sharing Your Personal Information or Sensitive Personal Information with government agencies on receipt of a written request from such agency, for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences.

    8.6 We shall disclose Your information internally, to its employees and employees of its affiliates in order to provide Services on the Website.

    8.7 We may, at Our discretion, disclose Your information if We, in good faith, believe such disclosure is appropriate or necessary to
    (i) take precautions against any anticipated liability,
    (ii) protection from fraudulent, abusive, or unlawful uses or activity,
    (iii) investigate and defend Impart against any third-party claims or allegations,
    (iv) protect the security or integrity of Our Services, or
    (v) protecting Our property or other legal rights (including, but not limited to, enforcement of agreements), or the rights, property, or safety of others.

  9. TRANSFER OF INFORMATION
    9.1 The information that is collected from You may be transferred to, stored and processed at a destination within and/or outside India, for the purpose of disclosure of information in the manner provided in this Privacy Policy.

    9.2 By using the Website and/or submitting Your information on the Website or providing it to Us through any other means of communication, You agree to such transfer, storing and processing of Your information outside of Your state/country and also within Our affiliates and partners, provided they agreed to ensure the same level of data protection as prescribed under this Privacy Policy and the data protection laws of India.

    9.3 The information may be transferred in the event it is necessary for the provision of the Services and operation of the Website, as agreed upon between Us and a third party service provider or vendor. We will take such steps as it considers reasonably necessary to ensure that Your information is treated securely and in accordance with this Privacy Policy.

  10. COOKIE POLICY
    10.1 We use data collection devices known as “Cookies” and other similar technologies for the purpose of collecting information about Your usage of the Website. By accessing or using the Website, You consent to the use of Cookies and other similar technologies as described herein.

    10.2 Cookies are small text files saved by Your browser onto Your computer, mobile or any other device that You may use to access the Website. Cookies are used to record various aspects of Your visit to the Website, measure promotional effectiveness, and remember Your preferences.

    10.3 Some cookies are essential for security and remembering settings like login status. You can choose to refuse Cookies, however, please note that some parts of Our Website may not function properly. Other cookies, like those for analytics and marketing, require your consent to track usage and evaluate campaigns. Cookies on Our website may be used to track information such as: frequency and time period of website visits, User preferences (including language and region), device and browser type, referrals and traffic sources, user behavior and engagement (such as pages viewed, clicks, and scroll depth), error reporting and diagnostics, and conversion tracking to measure specific actions taken on the Website.

    10.4 We use cookies to analyze site usage and assess the impact of our promotional efforts. These analytics and marketing cookies require your consent and will only be activated if you opt in through our cookie banner. You may withdraw your consent at any time.
  11. DATA RETENTION
    11.1 Your information shall be retained and used by Us for as long as it will be required for the provision of Our Services to You, and as necessary to comply with Our legal obligations, to resolve disputes, enforce Our agreements and for other business purposes.

    11.2 If You wish to request that We no longer use Your information to provide the Services, or If You wish to access, amend, alter or require deletion of Your information (wholly or partially), you may contact us at connect@imp-art.org.
  12. SECURITY OF INFORMATION
    12.1 We take the security of Your information very seriously. The information provided by You shall be collected, used and shared by Us in accordance with the Information Technology Act 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and other applicable laws.

    12.2 We have put in place appropriate methods and managerial procedures to safeguard and secure the information obtained from You, and maintain the security of Your information as per the International Standard IS/ISO/IEC 27001 on “Information Technology -  Security Techniques - Information Security Management System – Requirements”. We only process Personal Information in a way that is compatible with and relevant for the purpose for which it was collected or authorized by You. The Website also enables Users to access their Personal Information and allows them to correct, amend or delete inaccurate information.

    12.3 We use reasonable precautions to preserve the integrity and security of Your information against loss, theft, unauthorized access, disclosure, reproduction, use or amendment.

    12.4 In using the Website, You accept the inherent security implications of data transmission over the internet and the world wide web. Therefore, the use of the Website will be at Your own risk and We assume no liability for any disclosure of information due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond Our reasonable control.

    12.5 In the event that We become aware of any breach of the security of Your information, We will promptly notify You and take all steps reasonably necessary to remedy such a breach.
  13. ELIGIBILITY AND USE
    13.1 Access to this Website is intended for users who are above the age of 13 years.  For users under the legal age of 18, use is permitted only under the active supervision of a parent or guardian. By providing this access, the supervising adult agrees to monitor activity and ensure the child adheres to the Website’s terms and policies. Impart is not responsible for any unauthorized access by underage users who do not follow these conditions.
  14. OPT OUT PROCEDURES
    14.1 Upon initial communication from Us, You may opt-out of receiving further communications. To be completely removed from Our mailing list, You may contact us in the manner provided under Clause 20.
  15. THIRD PARTY LINKS
    15.1 The Website may contain links to other sites. If You click on a third-party link, You will be directed to that site. Please note that these external sites are not operated by Us and are not under the control of the Website.

    15.2 If You choose to access any of the third-party sites linked to Website, You do this entirely at Your own risk and We encourage You to read the privacy policies of such websites before providing them with Your information. We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
  16. CHANGES TO OUR PRIVACY POLICY
    16.1 We reserve the right to update, amend or modify this Privacy Policy from time to time to reflect changes in Our business practices or in the legal requirements, with or without notice. Any changes will be posted on Our website and will be effective immediately upon posting.

    16.2 Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which may be made from time to time. By accessing or using the Website, therein, the User confirms its acceptance to the Privacy Policy, as amended. Provided that if there is any change in the law for the time being in force, this Privacy Policy shall stand amended to that effect and both the Parties shall comply with the law as amended.
  17. GOVERNING LAW AND JURISDICTION
    17.1 This Privacy Policy will be governed by and construed in accordance with the laws of India.

    17.2 Subject to Clause 18 below, the courts in Bengaluru, India shall have exclusive jurisdiction over any disputes that may arise out of or in connection with this Privacy Policy.
  18. DISPUTE RESOLUTION
    18.1 In case of any dispute arising out of or in connection with this Privacy Policy, including a dispute regarding its existence, validity, interpretation, performance, termination, construction and enforcement thereof (“Dispute”), the Parties shall first engage in a good faith negotiation to resolve the Dispute.

    18.2 If the Dispute is not settled within 30 days from the date on which the Dispute arose, it shall be referred for private mediation, on such terms as may be mutually agreed upon by the Parties, before a mediator that is agreeable to both the Parties.The venue and seat of the mediation shall be Bangalore, India and the language of the mediation shall be English.

    18.3 In the event the Parties are unable to resolve such Dispute within 30 days of commencement of the mediation, which time limit may be extendable by mutual agreement of the Parties, the Parties shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Mumbai Centre for International Arbitration (“MCIA Rules”), which rules are deemed to be incorporated by reference in this Clause. The seat and venue of arbitration shall be Bangalore, India. The arbitration tribunal shall consist of a sole arbitrator. The language of the arbitration shall be English.

    18.4 The award of the arbitrator shall be final and binding on the Parties. The arbitrator shall be entitled to award costs of the arbitration. Subject to the aforesaid, each Party to any arbitration shall bear its own expense in relation thereto, including but not limited to such Party’s attorneys’ fees and the expenses and fees of the arbitrator shall be borne equally by the parties to the dispute.
  19. SEVERABILITY
    19.1 If any provision of this Privacy Policy is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision will be excluded from the Policy and the remainder of this Policy will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, this Privacy Policy will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
  20. CONTACT US
    20.1 If you have any questions about Our Privacy Policy, or wish to exercise Your rights to access, correct, or delete your Personal Information, please contact Us at connect@imp-art.org.

    20.2 If You have any grievance with respect to the Website or Our Services, including any including any discrepancies and grievances with respect to the processing of Your information, You can contact Our Grievance Officer at:
    Email: connect@imp-art.org
    Office Address:
    The Art & Photography Foundation
    No. 3/1/1 Ali Askar Road
    Bengaluru Karnataka India 560052
    +080 40535233