SwiftChat Child Protection Policy

This SwiftChat Child Protection Policy (“ Policy”) constitutes the policy of SwiftChat adopted in accordance with the applicable laws in India and general industry practices and applies to the Business in relation to their uploading and providing their Company Content to Users on SwiftChat.

While SwiftChat is intended to be used solely by Users who are 18 (eighteen) years of age or older, as a Business on SwiftChat, you will have a conversation with a Child.

The “ Company”, “ Business”, “ you”, “ your” shall refer to any natural person and/or any legal entity, its authorized users who agree to the Business Terms by downloading or using the Business Services.

Your Responsibilities as publisher of Content through SwiftChat for a Child or Children

1. This Policy shall be applicable to the Businesses as well as the employees, staff, volunteers and personnel engaged by such Businesses on SwiftChat, including contractual workers, consultants, trainees, interns, service providers who work directly or come in contact with Children on SwiftChat (“ Representatives”).

2. We are committed to ensuring that Our Users operate in a lawful and ethical manner on SwiftChat. All Children deserve a happy childhood and the opportunity to lead a dignified life safe from abuse, violence, exploitation, neglect, deprivation and discrimination and all Users on SwiftChat are required to be committed to prioritizing the safety and wellbeing of all Children who may come in contact with a User on SwiftChat.

3. This Policy has been adopted by us for (a) creating awareness and sensitization about Child welfare; (b) creating a safe and secure environment on SwiftChat for all Children; (c) ensuring that all necessary steps are taken to protect Children from abuse, violence, exploitation, deprivation and discrimination on SwiftChat.

4. This Policy provides a framework so that Businesses (i) may learn about applicable laws, ethical practices, policies, processes and Children centric code of conduct for using SwiftChat; (ii) instill confidence in parents, legal guardians and Children so that they may approach Us, or Businesses for any Child related concerns; and (iii) adopt a zero-tolerance approach to Child abuse, exploitation and violence so that SwiftChat provides a safe and conducive atmosphere for all Children.

5. You are required to take the responsibility to exclude Children from direct access to any of Your Content or technology or interactions which may not be appropriate for them. Please read Our Content Policy to learn more about how You can provide and/ or access Content on SwiftChat.

6.  While using SwiftChat, Businesses are required to:

(a) have a tailored, up-to-date procedure for reporting Child protection concerns;

(b) ensure that Representatives understand their roles and responsibilities while using SwiftChat to recognise, identify and respond to Child protection concerns and risks on SwiftChat;

(c) create an environment which proves opportunities for Children and their parents/ guardians to (i) tell what the Business is doing right and wrong to ensure Child protection; (ii) be informed about the risks when a Child interacts with the Business on SwiftChat; (iii) understand how Users can keep themselves and Children safe while interacting with the Business on SwiftChat; and (iv) report to a grievance officer appointed by the Business who is easily accessible and approachable by the Users, including Children;

(d) take responsibility for the action of their Representatives on SwiftChat;

(e) ensure that a Person who witnesses or reasonably suspects that a Child is under any threat or risk of abuse, violence, Sexual Harassment on SwiftChat should be able to under all circumstances report to the grievance officer appointed by the Business, identifying the Child, the abuser and detailing of the misdemeanour/ offence; and

(f) set up a grievance redressal mechanism wherein:

(i) a grievance officer committed to the cause of child protection and having knowledge and skills to promote child-safe environments is appointed and is responsible for responding to all concerns, complaints, reports and disclosures from Children, their legal guardians, and any other Users;
(ii) the name and contact details of the grievance officer appointed by the Business should be accessible and available to any User who may want to file a report or a compliant in relation to any activities on SwiftChat;
(iii) a Child (or parent/ legal guardian of a Child) affected by any form of neglect, abuse, violence, Sexual Harassment should be able to make a formal complaint to a grievance officer appointed by such Business by providing the name of the User and details of misdemeanour/ offence;
(iv) subject to the applicable law, the grievance officer appointed by the Business can initiate a formal inquiry on a complaint or report in relation to any conduct or action detrimental to a Child; and
(v) in the event a formal inquiry is initiated by the Business against any Person pursuant to the provisions of this Policy, the Business shall presume that such Person is culpable unless contrary is proved on conclusion of the investigation and inquiry.

7. As a Business on SwiftChat, We encourage You to operate responsibly and self-regulate by incorporating the following practices:

(a) circulating and displaying notices in in the workplace about this Policy, and consequent penal consequences for any act of Child abuse by any Representatives;

(b) conducting awareness programs to sensitize all the Representatives, parents/ legal guardians of Children interacting with the Business on SwiftChat, regarding this Policy, Child rights, reporting of Child abuse and provisions of the relevant applicable laws;

(c) conducting safeguarding and risk assessments of its locations, projects, materials, technology, and processes to create safe, inclusive online and offline environment for Children in interacting with the Business on SwiftChat;

(d) practising safe, and transparent recruitment of Representatives who will be interacting directly with Children by incorporating relevant measures, like conducting a criminal background records check; procuring positive references confirming that the referees are not aware of any reason why the applicant should not work with Children; and conducting up-to-date training for hired personnel on the Child protection safeguards and this Policy;

(e) accurately recording and safely storing confidential information of Children;

(f) not permitting any Child to work for the Business; and

(g) prior to collecting a Child’s photos or videos or audios or any other data of Content of the Child, procure an express consent of such Child’s legal guardian or parent.

Role of Parents and Guardians of Children

1. SwiftChat is intended to be used solely by Users who are 18 (eighteen) years of age or older, or if SwiftChat is used by a Child, such access should be under the guidance and supervision of a parent or a guardian.

2. As a parent and/ or guardian of a Child if You are using SwiftChat, You are responsible for ensuring that Your use of SwiftChat does not expose to any Child to any material and/ or Content and/ or conduct and/ or interaction which is contrary to this Policy.

3. As a parent and/ or guardian of a Child if You are using SwiftChat, You are required to ensure that any devices used to access SwiftChat have adequate parental locks and any use of SwiftChat by any Child on any device registered in Your account is as per the terms of this Policy.

4. As parent and/ or guardian of a Child if You are allowing a Child to use and/ or access SwiftChat, then, You will be responsible for ensuing that such access is always provided under parental guidance and monitoring.

5. In the event You become aware of any instance which exposes and/ or may expose a Child to behaviours and/ or situations contrary to the objective of this Policy on SwiftChat, then, You will be responsible for reporting the same to the relevant Businesses and/ or Us and/ or relevant authorities in relation to such instance.

Our Grievance Redressal Mechanism

1. We have appointed a grievance officer committed to the cause of child protection and having knowledge and skills to promote child-safe environments in environments like SwiftChat. Our grievance officer will respond to all concerns, complaints, reports and disclosures from Children, their legal guardians, and Users that We may receive in respect any activities on SwiftChat.

2. Our grievance officer shall have the authority to (a) summon and enforce the attendance of any User and examine such Person under oath; (b) require any User to discover or produce any document in relation to any inquiry or complaint; and (c) act in any other prescribed matter which may be reasonably necessary for fair a investigation.

3. Subject to the applicable law at the time in force, in the event a formal inquiry is initiated by Us against any Person pursuant to the provisions of this Policy, We will presume that such Person is culpable unless contrary is proven on conclusion of an investigation and inquiry.

Our Rights

1. We shall have the right to disclose all details and hand over the necessary materials/ documents of reports, instances, activities, concerns in relation to any (i) sexual or physical abuse of a Child on SwiftChat; and/ or (ii) storage, possession, distribution, circulation, transmission, facilitation, propagation or display Child Pornography on SwiftChat, to any special juvenile police unit; or the local police; or the cyber-crime portal, or any other relevant Government and/ or statutory authority, as the case may be.

2. We follow a zero-tolerance policy against abuse, violence, exploitation, deprivation and ill treatment of Children on SwiftChat. If the allegation against any User is proven, We shall have the absolute right to terminate access of such User to SwiftChat; and We shall have the right under applicable law to initiate criminal proceedings against such User in addition to the termination and/ or seek adequate compensation and damages from such User.

Protection and Confidentiality

1. Any individual, who brings forward a complaint under this Policy or is a witness in a proceeding being conducted by any grievance officer should not be subject to any form of reprisal. The aggrieved should be protected and any individual involved in such an act of reprisal should be subject to disciplinary action. No individual who brings forward a complaint or is a witness in a proceeding under this Policy should be discriminated or victimized while being involved with such proceedings.

2. Any Person entrusted with the duty to handle or deal with any data relating to a complaint, inquiry or any recommendations or action to be taken under the provisions of this Policy, such Person should not publish the identity and addresses of the aggrieved Child, the complainant and the witnesses. All possible steps and actions to ensure the confidentiality of the aggrieved Child, the complainant and the witnesses should be taken so that they are protected throughout the grievance redressal process prescribed under the Policy.

Definitions and Interpretations

In this Policy:

(a) “ Child” shall mean a Person who has not completed 18 (eighteen) years of age and is or may be interacting with You on SwiftChat.

(b) " Child Pornography" means any visual depiction of sexually explicit conduct involving a Child which include photograph, video, digital or computer-generated image indistinguishable from an actual child and image created, adapted, or modified, but appear to depict a child.

(c) A person shall be said to commit “ Sexual Harassment” upon a Child when such person with sexual intent:

(i) utters any word or makes any sound, or makes any gesture or exhibits any object or part of body or interact using any other Component with the intention that such word or sound or interaction shall be heard, or such gesture or object or part of body shall be seen or such interaction will be received by the Child; or

(ii) makes a Child exhibit its body or any part of its body so as it is seen by such Person or any other Person; or

(iii) shows any object to a Child in any form or media for pornographic purposes; or

(iv) repeatedly or constantly follows or watches or contacts or tracks a Child either directly or through electronic, digital or any other means; or

(v) threatens to use, in any form of media, a real or fabricated depiction through electronic, film or digital or any other mode or Component, of any part of the body of the Child or the involvement of the Child in a sexual act; or

(vi) entices a Child for pornographic purposes or gives gratification therefor.

In case of any query, support or complaint against You in relation to this Policy, a User may also contact Our grievance officer Somesh Thakur at grievance@swiftchat.ai. We shall use Our best efforts to notify all the relevant stakeholders in the event of any change in the details of Our grievance officer, from time to time.