Privacy Policy - Rebuilt (Full)

Privacy Policy

PRIVACY POLICY

1. PARTIES

(a) This Privacy Policy (“Privacy Policy”) forms an integral part of and shall be read together with the Yukio Terms of Use, the Cookie Policy, and any other applicable policies issued from time to time (collectively, the “Policies”). It governs the collection, use, processing, disclosure, transfer and safeguarding of personal and sensitive personal information in connection with Your access to and use of the Yukio Platform.

(b) Unless otherwise defined herein, all capitalised terms shall have the meaning ascribed to them in the Terms of Use.

(c) The following Parties are covered under this Privacy Policy (each a “Party” and collectively, the “Parties”.

  1. First Livingspaces Private Limited (formerly known as ‘TCG Livingspaces Private Limited’), having its registered office at Bengal Intelligent Park, Building Delta, 2nd Floor, Block EP & GP, Sector V, Salt Lake Electronics Complex, Kolkata 700091, West Bengal, India (“FLS” or the “Company”), which operates the technology platform known as “Yukio” / “Yukio Platform” / “Platform”, solely in the capacity of a technology and facilitation provider;
  2. VH Township Private Limited (“VHTPL”), having its registered office at TCG Financial Centre, 11th & 12th Floor, Plot No. C-53, G Block, Bandra Kurla Complex, Bandra East, Mumbai 400098, Maharashtra, India, and Megatron Complex Private Limited (“Megatron”), having its registered office at 9B, Wood Street, 4th Floor, Kolkata 700016, West Bengal, India, together with any of their present or future affiliates, subsidiaries, group companies, joint venture partners, franchisees, successors, assigns, authorised representatives, and/or any other person or entity (including third parties) that owns, manages, operates, develops, markets, or otherwise controls, directly or indirectly, the premises offered through Yukio Platform and/or provides any related or connected services and/or facilities (collectively, the “Service Provider(s)”); and
  3. You, the end-user or customer (“User”, “you”, or “your”), who accesses or uses Yukio.

2. OFFERINGS

(a) “Offerings” means the provision of accommodation and related services at properties owned, operated, or controlled by VHTPL, Megatron, or such other authorised third-party entities (together, the “Yukio Premises”)

(b) FLS is not a service provider and shall not be responsible for the provision, quality, suitability, or performance of the Offerings, which remain the sole responsibility of the Service Provider with whom you enter into a separate service agreement.

3. SCOPE

(a) This Privacy Policy explains how personal and sensitive personal information is collected, processed, shared, and protected when you use the Yukio Platform, including the Mobile Application, Website (https://www.yukio.in), and related software.

(b) This Privacy Policy is published in accordance with the Information Technology Act, 2000, the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, the Digital Personal Data Protection Act, 2023, and other applicable laws.

(c) The protection and security of Your personal and sensitive personal information is a top priority for First Livingspaces Private Limited (“FLS”) in its capacity as operator of the Yukio Platform, and for the Service Providers in relation to the Offerings. FLS and the Service Providers are committed to taking all necessary and reasonable measures to safeguard the confidentiality, integrity and lawful processing of such information including its transmission through the internet, in accordance with Applicable Laws and the Policies.

(d) By clicking on [“I agree/I accept”] at the time of downloading/accessing/using Yukio, You agree to the terms and conditions of this Privacy Policy. You also expressly consent to the use and disclosure of Your personal and sensitive personal information by FLS and/or the Service Provider in the manner prescribed under this Privacy Policy and further consent to the collection, use, processing, and disclosure of Your personal and sensitive personal information as described herein. You also expressly acknowledge that this Privacy Policy forms an integral part of, and shall be read together with, the Terms of Use.

(e) If You do not agree with the provisions of this Privacy Policy, You should not access, use, or provide any personal information on the Yukio Platform.

(f) You must be at least eighteen (18) years of age to access or use the Yukio Platform. If You are a minor, Your parent or legal guardian must review and accept this Privacy Policy on Your behalf before any personal information is shared.

4. TYPE OF INFORMATION COLLECTED

(a) FLS and/or the Service Provider may collect and process information from You through Your use of Yukio, or which is provided to authorised marketing partners or through any engagement with Yukio through cookies or other similar tools. FLS and/or the Service Provider may collect, and process personal and sensitive personal information provided by You, including but not limited to:

  1. Information that You provide at the time of registration, including any information that identifies or can be used to identify, contact or locate You such as name, operational address, permanent address, valid government issued identification, email address, sexual orientation, profile photo, bank details, proof of employment, proof of educational background, date of birth, phone number, demographic or psychographic details, and any other optional information like biography, interests, reviews, content, communications, posts, as You may provide during or after registration while using Yukio. Any information related to guests (for example, persons staying with You during Your occupancy or references provided by You) must be provided only after obtaining free, specific, informed, unconditional, and unambiguous consent of such guest for the processing of their personal data by FLS and/or the Service Provider (as contemplated by this Privacy Policy). Such consent must be communicated through a clear affirmative action by the guest, permitting You to share their details for purposes including but not limited to identity verification, background checks during the stay, and/or for reference verification, as may be required under Applicable Law or the policies of the Service Provider.
  2. Information required for identity verification and background checks, which may include KYC documents, government issued identification, address proof, photographs, and/or such other information as may be mandated by Applicable Law or reasonably required by FLS and/or the Service Provider to confirm Your identity, eligibility, or suitability to avail the Offerings.
  3. Information that You disclose in Your profile, requests, feedback or any comments or discussions You engage in on any blog, chat room or other communication platform on the Yukio Platform. FLS may review chats/messages and record calls, which may be used for purposes including but not limited to monitoring and preventing abuse, safeguarding user rights and resolving disputes.
  4. Data that is automatically captured such as Your mobile phone operating system, which, when connected to the Internet, assigns a domain name and Internet Protocol (IP) address to facilitate data transmission. When accessing specific pages within Yukio, servers operated by or on behalf of FLS inherently recognise Your domain name and IP address. While this process involves the collection of Your IP address, it does not entail the disclosure of any personally identifiable information. Technical information may include referring or exit pages, clickstream data, operating system details. This data includes usage information and user statistics.

  1. Location information obtained through GPS or other means to determine Your geographical location.

  1. Certain financial information like bank account details, credit card information, or other payment instrument details as may be required to facilitate the processing of payments made through Yukio. As making payment may require utilization of the services of the payment service provider, You will also be subject to the terms of use and privacy policy of such payment service provider.

(b) Standard website access information (type of browser etc.) may be collected using cookies and other similar tracking technologies on Yukio. FLS uses such information to measure, improve, and personalise Platform operations and User experience. Such information is not shared with any third-party organisations for commercial purposes, except as required for enabling the services or in compliance with Applicable Laws.

(c) FLS and/or the Service Provider do not sell or trade User information in any form. Personal and sensitive personal information is used solely for the purpose of enabling services, fulfilling legal requirements, facilitating background verification where required, and improving the User’s experience.

(d) FLS and the Service Providers remain committed to upholding User privacy rights and ensuring compliance with Applicable Laws, including the Information Technology Act, 2000, the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and the Digital Personal Data Protection Act, 2023.

(e) If You choose not to permit the collection of certain information, FLS and/or the Service Provider may be unable to provide You with relevant services or respond to queries or resolve issues that You may encounter.

5. USAGE OF INFORMATION COLLECTED

(a) The primary objective of collecting, storing and processing Your personal and sensitive personal information by FLS and/or the Service Provider is to facilitate the provision of the Offerings and the operation of the Yukio Platform.

(b) Your personal and sensitive personal information may be used for the following legitimate and lawful purposes:

I. To facilitate the provision of services and Offerings to You through the Yukio Platform

Ii. To monitor, improve and administer the quality, safety, and reliability of the Offerings;

Iii. To provide You with beneficial schemes, new offers, and experience enhancements;

Iv. To analyse how Yukio Platform is used, diagnose technical issues and improve User experience;

V. To store the information provided by You for efficient access and continuity of services;

Vi. To verify Your identity, conduct KYC checks and perform background verification (including guest verification during Your stay or reference checks) to determine eligibility to use Yukio Platform and avail the Offerings;

Vii. To notify You about any relevant changes, updates or modifications to the Platform or Offerings;

Viii.To comply with Applicable Laws, regulatory obligations and law enforcement requirements;

Ix. To send administrative notices and service-related alerts, and similar communications, to optimise efficiency;

X. To facilitate market research, troubleshoot issues, prevent errors, and support project planning;

Xi. To detect, prevent, and respond to incidents of fraud, abuse, unauthorised access, security risks, or other criminal or unlawful activity;

Xii. To enforce Yukio’s Terms of Use and other applicable Policies;

Xiii. To send You information about the Yukio Platform, services, and Offerings, including marketing and promotional communications, subject to Your consent.

Xiv. To establish communication with You including via email, SMS, push notifications, WhatsApp, or other permitted channels, regarding transactions and related matters;

Xv. To establish, exercise, or defend legal rights in connection with legal proceedings (including any prospective legal proceedings) and to seek professional or legal advice in relation to such legal proceedings;

Xvi. To facilitate assets sales, mergers, acquisitions, restructuring or bankruptcy, subject to Applicable Law;

Xvii. For account setup, administration, and verification;

Xviii. For personalization of content, recommendations, and User experience;

Xix. To periodically communicate with You regarding new features, newsletters, contests, compliance requirements, and related offerings:

Xx. To enable the use of information by third-party advertisers for interest-based advertisements subject to Your consent;

Xxi. To provide accurate insights, analytics and trend identification to further enhance the effectiveness and efficiency of the Yukio Platform;

Xxii. To improve the safety, reliability, and security of the Yukio Platform by detecting, preventing, and responding to technical issues or other risks that may harm Users, the Platform or the Offerings.

(c) Information collected from You may be transferred to a third party as a result of a sale or acquisition, merger or bankruptcy involving FLS and/or the Service Provider, or in other cases with Your prior explicit consent, or as otherwise required or permitted under this Privacy Policy and Applicable Law.

6. USE OF COOKIES

(a) Cookies are small portions of information saved by Your browser on Your device. Cookies are used to record various aspects of Your visit and assist FLS and/or the Service Provider in providing You with uninterrupted and personalised services through Yukio Platform.

(b) By clicking "Accept" on the cookie banner, You give Your consent to the storage and access of cookies and other tracking technologies as described in the Cookie Policy accessible on the Platform.

(c) Any information that is gathered through cookies or other tracking technologies, and the use of such information, shall be subject to the disclosures and options provided in the Cookie Policy.

The Cookie Policy should be read together with this Privacy Policy and the Terms of Use.

7. INFORMATION SHARING AND DISCLOSURES

(a) Personal and sensitive personal information collected from You or provided by You may be shared or disclosed by FLS and/or the Service Provider in the following circumstances:

I. Information may be shared with the parent company, subsidiaries, affiliates or other entities under common ownership or control of FLS and/or the Service Provider, as necessary to facilitate the delivery of the Offerings, ensure Platform operations, or to comply with Applicable Laws.

ii. When You contact Yukio customer care for specific queries or issues, authorised customer care personnel of FLS and/or the Service Provider may access Your information to resolve such concerns effectively.

iii. The Yukio Platform may include third party services or links to external third-party websites. Such third parties operate independently, and FLS and/or the Service Provider are not responsible or liable for their content, privacy practices, or information handling. This Privacy Policy does not extend to information provided to, or collected by, such third parties. Users are advised to review the privacy policies of such third parties carefully before sharing personal information with them.

iv. Yukio collaborates with authorised third-party service providers to deliver certain services on behalf of FLS and/or the Service Provider, including but not limited to: communication services (SMS, push notifications, emails, WhatsApp), banking partnerships, payment gateways, analytics platforms, cloud services, ANPR/hardware integrations, KYC verification agencies, and background verification vendors. These providers are contractually bound to maintain confidentiality of personal data and use it only for the purposes disclosed.

(b) By using the Yukio Platform, You acknowledge and consent to the sharing or transfer of Your personal and sensitive personal information with third-party service providers, including but not limited to technology vendors, advertising partners (such as Google and social media platforms), solely for the purpose of enabling such providers to display advertisements, notifications, or other communications to You across the Internet. Such actions are based on data collected through the Yukio Platform and shall be subject to Your consent wherever required under Applicable Laws.

(c) When You choose to share a service with a friend (e.g., email referral), You may provide Your name and email address as well as Your friend’s name and email address. Such details will only be used for the limited purpose of sharing the referral unless otherwise authorised. In this regard, any information related to a friend must only be provided after obtaining free, specific, informed, unconditional, and unambiguous consent of the friend for the processing of their personal data by FLS and/or the Service Provider, communicated by a clear affirmative action that permits You to share such details.

(d) FLS and/or the Service Provider may access, use, store, transfer, and disclose Your personal and sensitive personal information, including disclosure to third parties such as government or law enforcement authorities, regulators, or private parties, where reasonably necessary or appropriate to:

I. comply with any Applicable Law, regulation, governmental request, or legal process;

Ii. protect the safety, rights, property, or security of the Yukio Platform, the Offerings, the Users, or any third party;

Iii. protect public safety for any reason;

Iv. detect, prevent, or otherwise address fraud, technical or security issues; or

V. prevent, investigate, or stop any activity deemed illegal, unethical, or legally actionable.

(e) Such disclosures may be made without prior notice to You, where permitted by Applicable Law.

8. ARTIFICIAL INTELLIGENCE FEATURES

(a) The Yukio Platform may provide access to certain features, functionalities, or tools that are powered by Artificial Intelligence (“AI Features”). By using AI Features, You acknowledge and agree to the following:

I. FLS may process certain personal data and/or User Content to enable the functioning of AI Features, including for generating outputs, recommendations, responses, or other interactions.

Ii. Outputs generated by AI Features are probabilistic in nature, may not always be accurate, complete, or reliable, and should not be considered as definitive advice or representations. FLS and the Service Providers disclaim all liability for reliance on such outputs, which are intended to be used as assistive tools only.

Iii. Where AI Features involve processing of personal and sensitive personal information, such processing shall be strictly limited to the purposes of providing the requested AI Feature functionality, enhancing user experience, and ensuring safety and security.

(b) FLS shall not use Your personal and sensitive personal information for training or improving AI systems unrelated to the Yukio Platform or Offerings without Your prior explicit consent. User Content may, however, be processed for the limited purpose of improving the accuracy, efficiency, and reliability of AI Features on the Yukio Platform.

(c) You are solely responsible for reviewing, evaluating, and exercising independent judgment in respect of any outputs generated by AI Features, and for ensuring Your continued compliance with the Terms of Use when using such features.

9. INFORMATION SECURITY

(a) FLS and/or the Service Provider take data security and confidentiality seriously. Security measures in line with industry standards have been adopted to protect the personal and sensitive personal information provided by You and to prevent unauthorised access, public disclosure, use, modification, damage or loss of such information.

(b) FLS and/or the Service Provider provide Users with access to their personal and sensitive personal information and permit corrections, amendments, or deletion of inaccurate information, in accordance with Applicable Laws.

(c) Commercially reasonable precautions are employed to preserve the integrity and security of Your information against loss, theft, unauthorised access, disclosure, reproduction, use or amendment. However, You acknowledge and agree that no security measures are perfect or impenetrable. If You believe that Your personal and sensitive personal information has been put at risk, You may contact the Grievance Officer as set out in this Privacy Policy.

(d) The information collected from You may be transferred to, stored and processed at any destination within and/or outside India, in accordance with the Applicable Laws. By submitting Your information, You consent to such local and/or cross-border transfer, storage, and/or processing. FLS and/or the Service Provider shall take steps reasonably necessary to ensure that such transfers are subject to appropriate safeguards and that Your information is treated securely and in accordance with this Privacy Policy.

(e) In using Yukio Platform, You acknowledge the inherent security implications of data transmission over the Internet. Accordingly, the use of the Yukio Platform shall be at Your own risk, and FLS and/or the Service Provider shall not be liable for any disclosure of information due to errors in transmission, unauthorised third-party access, or other acts or omissions beyond their reasonable control.

(f) In the event that FLS and/or the Service Provider become aware of any breach of the security of Your information, You will be promptly notified, and appropriate remedial action will be taken, in compliance with Applicable Laws including the Digital Personal Data Protection Act, 2023.

10. EXCLUSION

(a) This Privacy Policy does not apply to any information or data about You other than that collected by FLS and/or the Service Provider through the Yukio Platform, including such information collected in accordance with Clause 1 (“Type of Information Collected”).

(b) This Privacy Policy does not apply to unsolicited information provided by You through the Yukio Platform or through any other means. This includes, but is not limited to, information about You posted on public domains. All such unsolicited information shall be deemed non-confidential, and FLS and/or the Service Provider shall be free to use or disclose such information without limitation, subject to Applicable Laws.

(c) Access to personal and sensitive personal information is limited to employees, agents, partners, and authorised third parties whom FLS and/or the Service Provider reasonably believe need such information to provide services to You. However, FLS and/or the Service Provider are not responsible or liable for the confidentiality, security, or distribution of Your personal and sensitive personal information once it is outside the scope of their contractual obligations with such partners or third parties.

11. RETENTION OF DATA

(a) FLS and/or the Service Provider shall not retain Your personal and sensitive personal information for longer than is necessary to fulfil the purposes for which it was collected, or as otherwise permitted under Applicable Law. At the expiry of such retention periods, Your personal data shall be securely deleted or anonymised to comply with legal retention obligations or in accordance with applicable statutory limitation periods.

(b) If You wish to cancel Your registration or request that FLS and/or the Service Provider no longer use Your personal information, You may contact the Grievance Officer via email at grievanceofficer.fls@tcgre.com.

(c) Even after Your account is terminated, You acknowledge and consent that FLS and/or the Service Provider may retain Your personal and sensitive personal information strictly as necessary to:

i. comply with legal and regulatory obligations.

ii. resolve disputes;

iii. conclude activities relating to the cancellation of an account;

iv. investigate or prevent fraud, abuse, or other inappropriate activity;

v. enforce the Terms of Use and other Policies; and

vi. for other limited operational continuity purposes in relation to the services availed by You.

(d) Any retention, migration, or transfer of data shall be carried out in accordance with this Privacy Policy, the Terms of Use, and Applicable Law, including the Digital Personal Data Protection Act, 2023.

12. RIGHT TO WITHDRAW CONSENT

(a) The consent that You provide for the collection, use and disclosure of Your personal and sensitive personal information will remain valid until withdrawn by You through the functionalities provided on the Yukio Platform.

(b) If You withdraw Your consent, FLS and/or the Service Provider shall stop processing the relevant personal and sensitive personal information, except to the extent that other legal grounds exist for processing such information under Applicable Law.

13. CORRECTION/UPDATION/ERASURE OF DATA

(a) You are responsible for maintaining the accuracy of the information submitted by You, including (but not limited to) Your contact information provided at the time of account registration. FLS and/or the Service Provider rely on Users to disclose accurate and updated information and to notify of any changes.

(b) If You wish to make a request to correct, update, or erase any personal and sensitive personal information held by FLS and/or the Service Provider, You may do so through the functionalities provided on the Yukio Platform or by contacting the Grievance Officer. Such requests shall be honoured in accordance with Applicable Laws, subject to reasonable verification and exceptions provided under the Digital Personal Data Protection Act, 2023.

14. RIGHT TO ACCESS

(a) You have the right to obtain from FLS and/or the Service Provider a summary of the personal data that You have provided, the processing activities carried out with respect to such data, the categories of third parties with whom such data has been shared, and any other information that may be required to be provided under Applicable Laws.

(b) This right may be exercised through the functionalities provided on the Yukio Platform or by contacting the Grievance Officer.

15. RIGHT TO NOMINATE

(a) You have the right to nominate another individual to exercise Your rights under this Privacy Policy in the event of Your death or incapacity.

(b) Such nomination may be made through the functionalities provided on the Yukio Platform, in accordance with Applicable Laws including the Digital Personal Data Protection Act, 2023.

16. NOTIFICATION OF CHANGES

(a) From time to time, this Privacy Policy may be updated to reflect changes in technologies, industry practices, regulatory requirements, or for other operational or legal purposes. Any such changes shall take effect immediately upon the posting of the revised Privacy Policy on the Yukio Platform.

(b) If FLS and/or the Service Provider make any material changes, and Applicable Law requires notification, Users shall be informed by way of a notice on the Yukio Platform, by email to the address specified in the User’s account, or by other legally permissible means, prior to such changes becoming effective.

(c) Should You choose not to agree with the revised Privacy Policy, You may indicate the same by using the functionalities available on the Yukio Platform. If You withdraw Your consent, FLS and/or the Service Provider shall stop processing the relevant personal and sensitive personal information, except where other legal grounds exist for such processing under Applicable Laws.

(d) Users are encouraged to periodically review this Privacy Policy for the latest information on data handling and privacy practices.

17. CHOICE TO OPT OUT

(a) Upon registration, You may receive communications from the Yukio Platform.

(b) You have the right to opt out of future communications at any time by using the functionalities provided on the Yukio Platform or through any other mechanism notified by FLS and/or the Service Provider.

18. GRIEVANCE OFFICER

(a) In accordance with the Information Technology Act, 2000, the rules made thereunder, the Digital Personal Data Protection Act, 2023, and other Applicable Laws, the details of the Grievance Officer are provided below.

(b) Any questions regarding this Privacy Policy, the exercise of Your rights, or any grievances relating to discrepancies or misuse of information provided to the Yukio Platform may be addressed to the Grievance Officer:

Name: Mr. Punit Pande

Designation: Head- Business Operations

Email Id: grievanceofficer.fls@tcgre.com