Privacy Policy

Last Updated: June 25, 2024
Cormax Creations Private Limited, Tradename - Brand Provoke ("we," "us," or "our") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, and safeguard your information when you visit our website [https://brandprovoke.com] (the "Site") and engage with our services. Please read this policy carefully to understand our views and practices regarding your personal data and how we will treat it.

Information We Collect

We may collect and process the following data about you:
  • Personal Identification Information: Name, email address, phone number, company name, and job title when you fill out forms on our Site or contact us.
  • Technical Data: IP address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Site.
  • Usage Data: Information about how you use our website, products, and services.
  • Marketing and Communications Data: Your preferences in receiving marketing from us and your communication preferences.

How We Use Your Information

We use the information we collect in the following ways:
  • To Provide and Improve Our Services: Deliver the services you request, improve our Site, and enhance user experience.
  • To Communicate with You: Respond to inquiries, provide customer support, and send updates related to our services.
  • Marketing and Promotional Activities: Send promotional materials and updates about our services, subject to your marketing preferences.
  • Analytics: Analyze website usage and improve our marketing and services.

How We Share Your Information

We do not sell, trade, or otherwise transfer your personal information to outside parties except in the following circumstances:
  • Service Providers: We may share your information with third-party service providers who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
  • Legal Requirements: We may disclose your information when required by law or to protect our rights, property, or safety and that of others.

Cookies and Tracking Technologies

Our Site may use cookies and similar tracking technologies to enhance user experience and collect information about your usage. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information.

You can choose to disable cookies through your individual browser options. However, if you do not accept cookies, you may not be able to use some portions of our Site.
  • Necessary Cookies: These are essential for the functionality of our website, enabling features such as user logins. They do not collect any personal data.
  • Functionality Cookies: These cookies enhance convenience by remembering your preferences and settings, such as your name and email in comment forms, so you don't have to re-enter them on subsequent visits.
  • Analytics Cookies: These cookies gather information on how our website and services are used, helping us improve performance and user experience.
  • Advertising Cookies: These cookies deliver ads that are relevant to your interests and help manage the frequency of ad exposure. They are typically set by advertising networks with our permission and may share your visit information with other organizations, such as advertisers, to enhance site functionality and targeted advertising.

Data Security

We prioritize the safety of your Personal Data and employ secure protocols for data communication and transfer, such as HTTPS. Where appropriate, we utilize anonymization and pseudonymization techniques to protect your information. Our systems are continually monitored for vulnerabilities and potential attacks, and we encrypt stored data whenever feasible.

Despite our best efforts, we cannot guarantee complete security of your information. However, we pledge to notify the relevant authorities promptly in the event of a data breach. Additionally, we will inform you if your rights or interests are at risk. We are committed to doing everything reasonably possible to prevent security breaches and to support authorities in the event of any incidents.

Your Data Protection Rights

Depending on your location, you may have the following rights regarding your personal data:
  • Access: You have the right to access your personal information that we hold.
  • Correction: You have the right to request that we correct any inaccurate personal information that we hold about you.
  • Erasure: You have the right to request that we erase your personal information.
  • Restriction of processing: You have the right to request that we restrict the processing of your personal information.
  • Objection: You have the right to object to the processing of your personal information.

Children's Privacy

Our website is not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and you believe that your child has provided us with personal information, please contact us immediately.

Arbitration Clause

Individual Arbitration as Sole Remedy for Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to this Privacy Policy—including its breach, termination, enforcement, interpretation, or validity—shall be resolved by final and binding individual arbitration (not as a class, representative, or collective action) in accordance with the rules of the Indian Council of Arbitration (ICA). The arbitration will be conducted in English and will take place in New Delhi, India, before a single arbitrator appointed by the ICA. The arbitrator's decision shall be final and binding on both parties, and the judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over the matter.
Negotiation in Advance of Arbitration

Before initiating arbitration, the parties agree to attempt in good faith to resolve any disputes arising out of or relating to this Privacy Policy through negotiation. Each party will designate an executive with the authority to settle the dispute. If the dispute cannot be resolved through normal business discussions, either party may provide written notice to the other, outlining the nature of the dispute. Within 15 days of receiving the notice, the responding party must submit a written reply. Both the notice and the response should detail each party's position and supporting arguments, along with the names and titles of their representatives.

Within 30 days of the notice delivery, representatives from both parties will meet at a mutually agreed time and place. The negotiation process concludes at the end of the first meeting unless otherwise agreed in writing. All discussions, offers, promises, conduct, and statements made during the negotiation are confidential, privileged, and inadmissible in any subsequent arbitration or litigation, except where they are independently admissible or discoverable.

Neither party will initiate arbitration or litigation related to this Privacy Policy before the First Meeting, except to pursue a provisional remedy authorized by law, ICA rules, or mutual agreement. This limitation does not apply if the other party fails to comply with the requirements of the initial negotiation process.

Confidentiality

Both parties agree to maintain the confidentiality of the arbitration proceedings and any resulting awards. This includes all aspects of the hearing, except as necessary to prepare for or conduct the arbitration hearing on the merits. Confidentiality will also be upheld in connection with any court applications for preliminary remedies, judicial challenges to an award, or its enforcement, unless disclosure is otherwise required by law or judicial decision.

Electronic Discovery and Procedures in Arbitration

In any arbitration arising out of or related to this Agreement:
  • Production of Electronic Documents: Electronic documents will only be produced from sources used in the ordinary course of business. Backup servers, tapes, or other media will not be required for production unless there is a compelling need demonstrated.
  • Format and Technology: Absent a compelling need, electronic documents will be produced using generally available technology in a searchable format that is usable by the receiving party and convenient and economical for the producing party. Metadata production is not required, except for email header fields.
  • Custodian Descriptions: The list of custodians from whom electronic documents may be collected will be narrowly tailored to include only those individuals whose documents are likely to contain evidence material to the dispute.
  • Cost and Burden of E-Discovery: If the costs and burdens of electronic discovery are disproportionate to the nature of the dispute, the amount in controversy, or the relevance of the requested materials, the arbitrator may deny such requests or require the requesting party to advance the reasonable costs of production, subject to cost allocation in the final award.
  • Interrogatories and Requests to Admit: In any arbitration arising out of or related to this Agreement, there shall be no interrogatories or requests to admit.

Arbitration Fees and Costs

Each party shall bear its own costs and expenses in any arbitration, including one-half (1/2) of the arbitrator’s fees and costs. However, if Cormax Creations Private Limited is the prevailing party, the arbitrator shall award attorneys’ fees and costs to Cormax Creations Private Limited. The decision or award from the arbitration proceeding shall remain confidential and can only be disclosed with the prior written consent of both you and Cormax Creations Private Limited.

Changes to this Privacy Policy

We reserve the right to update this Privacy Policy periodically. Any changes will be reflected on this page. We encourage you to review this policy regularly to stay informed about our privacy practices.

Contact Us

If you have any questions about this Privacy Policy, please contact us at: legal@brandprovoke.com
This Privacy Policy is effective as of June 25, 2024.