BRAND CONSENT POLICY
Recent Gossips — Influencer Marketing Portal
Operated by RUDE LABS Private Limited
1. Introduction and Scope
This Brand Consent Policy ("Policy") governs the relationship between you, whether acting as a sole proprietor, partnership, limited liability partnership, company, registered association, or any other lawful business entity ("Brand", "you", or "your"), and RUDE LABS Private Limited, a company incorporated under the Companies Act, 2013, having its registered office in India ("RUDE LABS", "Company", "we", "us", or "our"), which operates the Recent Gossips platform accessible at rgossips.com and any associated mobile applications, subdomains, or APIs (collectively, the "Platform").
By creating a Brand account, ticking the "I Agree" checkbox at signup, or by posting a campaign on the Platform, you confirm that you have read, understood, and freely consented to the terms of this Policy. This Policy is to be read together with the Platform Terms of Service, Privacy Policy, Community Guidelines, Payment Terms, and any campaign-specific terms (collectively, the "Platform Agreements").
This Policy is published in accordance with Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and constitutes an electronic record under the Information Technology Act, 2000. It does not require any physical or digital signature.
2. Eligibility and Authority
2.1 Eligible Entities
You may register as a Brand on the Platform only if you are a lawfully constituted business entity in India or a foreign entity authorised to engage in commercial activity with Indian residents under applicable law. Eligible structures include sole proprietorships with a current bank account in the firm's name, partnerships, LLPs, private and public limited companies, registered trusts/societies, and Indian branches of foreign entities.
2.2 Authorised Signatory
The individual creating the Brand account ("Authorised Signatory") must be at least 18 years of age and must have express authority to bind the Brand to this Policy and to the Platform Agreements. By signing up, the Authorised Signatory represents and warrants that:
- They are duly authorised by board resolution, partnership instrument, or other lawful authorisation to represent the Brand.
- The Brand is solvent and has not been declared insolvent, struck off, or otherwise disqualified from contracting.
- Neither the Brand nor any of its directors, partners, or beneficial owners is named in any sanctions list maintained by the United Nations Security Council, the Ministry of External Affairs (Government of India), the United States OFAC, or the EU consolidated list.
2.3 Restricted Categories
Brands operating in the following categories shall not register, or shall be restricted to specific campaign workflows, until additional KYC and legal documentation is completed: tobacco, alcohol, gambling and betting, crypto-assets, lending and BNPL, pharmaceuticals and prescription drugs, infant milk substitutes, and any category restricted under the Cable Television Networks (Regulation) Act, 1995, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, or the Cigarettes and Other Tobacco Products Act, 2003. The Platform reserves the right to refuse registration to any Brand in such categories at its sole discretion.
3. Account Registration and Progressive Verification
3.1 Progressive KYC Model
The Platform follows a progressive Brand verification model. You consent that data and documentary evidence will be collected in stages, and that additional documents will become mandatory only as you unlock higher-value features such as posting campaigns, funding escrow, and accessing premium influencer tiers.
Stage | Trigger | Information / Documents (Indicative) |
|---|---|---|
Stage 1 | Signup | OAuth-based verification of Instagram handle, Brand name, business email (verified via OTP), mobile (verified via OTP), password. |
Stage 2 | Profile completion | Brand category (from 15-niche taxonomy), website, social handles, logo, registered office address, target geography. |
Stage 3 | Campaign posting | PAN of the entity (and CIN where applicable), business registration certificate, authorised signatory's PAN. |
Stage 4 | Escrow funding | GSTIN (where applicable), bank account proof (cancelled cheque or bank letter), TAN (for TDS compliance). |
Stage 5 | Premium / high-value campaigns | Board resolution / authorisation letter, beneficial-ownership declaration, additional risk-based KYC where required. |
3.2 Accuracy and Updates
You represent that all information submitted is true, complete, and accurate, and you undertake to promptly update the Platform upon any change, including any change in Brand Name, GSTIN status, registered office, beneficial ownership, or insolvency proceedings.
3.3 Verification Rights
The Platform reserves the right to independently verify the information you submit through public registries (MCA, GSTN, Income Tax Department), third-party KYC vendors, and bureau checks. You authorise the Platform to make such verifications and to share information with verification partners for this limited purpose.
4. Data Privacy, Processing, and DPDPA Compliance
4.1 Notice of Processing
In accordance with Section 5 of the Digital Personal Data Protection Act, 2023 ("DPDPA"), the personal data of the Authorised Signatory and any other natural persons whose data is provided by you is collected and processed by the Platform. By accepting this Policy, the Authorised Signatory consents in their own capacity, and the Brand warrants that it has obtained equivalent consent from all other individuals whose personal data it shares with the Platform.
4.2 Purposes of Processing
Personal and business data shall be processed for the following purposes:
- Creating and maintaining the Brand account.
- Identity and entity verification, including bureau and registry checks.
- Matching the Brand with relevant influencers based on niche, audience, and tier.
- Facilitating campaign brief creation, content approval, and delivery.
- Funding and managing escrow, payouts, refunds, and reconciliation.
- Calculating, displaying, and updating the Brand Trust Score (300–900) across the five pillars: Influencer Reviews, Campaign Execution Quality, Verification & Identity, Communication Quality, and Platform Engagement.
- Statutory tax compliance, including GST, TDS, and equalisation levy where applicable.
- Detection and prevention of fraud, money laundering, and abusive conduct.
- Responding to grievances and complying with legal, regulatory, or law-enforcement requests.
- Sending transactional communications and, only with separate opt-in, marketing communications.
4.3 Data You Provide About Third Parties
Where you provide the Platform with personal data of any third party (including employees, agency contacts, or beneficial owners), you represent and warrant that you have provided such third parties with the requisite notice and have obtained their consent for sharing such data with the Platform for the purposes set out in this Policy.
4.4 Data Storage and Location
Personal and business data is stored on servers located in India. Where the Platform engages sub-processors located outside India, such transfers shall be subject to contractual safeguards and shall be limited to countries not restricted by the Central Government under Section 16 of the DPDPA.
4.5 Data Retention
Data shall be retained for the duration of the Brand account and for a period of three (3) years thereafter, to comply with statutory record-keeping obligations under the Income Tax Act, 1961, the Central Goods and Services Tax Act, 2017, the Companies Act, 2013, and the Prevention of Money Laundering Act, 2002. Where any dispute, claim, or legal proceeding is pending, data may be retained until final resolution.
4.6 Rights of Data Principals
Natural persons whose personal data is processed (including the Authorised Signatory) have the rights specified under Sections 11 to 14 of the DPDPA: access, correction, erasure, nomination, and grievance redressal. Requests may be made by writing to grievance@rgossips.com.
5. Campaign Posting and Content Standards
5.1 Campaign Briefs
You shall publish campaign briefs only through the Platform's structured workflow, providing accurate information on the campaign objective, deliverables, timelines, deliverable specifications, target influencer profile, content usage scope, and exclusivity (if any). You consent that incomplete or misleading briefs may be rejected by the Platform.
5.2 Lawful Content Only
You shall not post campaigns that:
- Promote products or services prohibited under Indian law or restricted without specific permissions you do not hold.
- Require influencers to make claims that are unverifiable, exaggerated, misleading, or deceptive within the meaning of the Consumer Protection Act, 2019 and the CCPA Guidelines, 2022.
- Engage in surrogate advertising, undisclosed endorsements, or any practice prohibited under the ASCI Code or applicable law.
- Target minors in respect of any product or service restricted for minors, or require Minor Influencers to endorse such products.
- Are sexual, obscene, defamatory, or violate Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
- Infringe upon any third-party intellectual property, including unauthorised use of music, trademarks, or copyrighted assets.
5.3 Brand-Provided Materials
Where you provide brand assets (logos, music, scripts, product imagery, brand guidelines) for use in a campaign, you represent and warrant that you own or have all necessary rights to license such materials to influencers via the Platform. You shall indemnify the Platform and the influencer against any third-party claim arising from your provision of such materials.
6. Escrow Funding, Platform Service Fee, and Release
6.1 Escrow Mechanism
All campaign payments to influencers shall be routed through an escrow mechanism operated via a regulated payment gateway Stripe. You consent that the entire campaign value (inclusive of influencer fees, applicable taxes, and the platform service fee) shall be funded into escrow at the time of campaign confirmation.
6.2 Platform Service Fee
You consent that the Platform shall charge a platform service fee, which is disclosed transparently on the campaign confirmation screen before you fund escrow. The fee is consideration for influencer matchmaking, analytics, dispute mediation, escrow management, and technology services. Fees are non-refundable once campaign execution has commenced, except as expressly provided in the Refund Policy.
6.3 Release of Funds
Escrow funds shall be released to the influencer upon:
- Successful submission of agreed deliverables by the influencer;
- Your approval of the deliverables within the defined approval window (default forty-eight (48) hours, unless otherwise specified in the brief); or
- Auto-release upon expiry of the approval window without rejection on reasonable grounds.
6.4 Rejection and Dispute Resolution
If you reject a deliverable, you must do so within the approval window with specific written reasons referencing the brief. Frivolous, vague, or post-publication rejections shall not be entertained. The Platform shall mediate any dispute in accordance with its Dispute Resolution Procedure, and may release, partially release, or refund escrow funds at its reasoned discretion.
6.5 No Off-Platform Settlement
You shall not solicit or accept off-platform payment arrangements with any influencer introduced via the Platform for a period of six (6) months from the date of introduction. Such circumvention shall be a material breach and may attract liquidated damages equal to twice the platform service fee that would have applied to the bypassed transaction, in addition to other remedies.
7. Tax Acknowledgments
You expressly consent to the following tax treatments:
- All amounts payable to influencers and to the Platform are exclusive of Goods and Services Tax (GST), which shall be added at the applicable rate and is payable by the Brand.
- Where the Brand is required under the Income Tax Act, 1961 to deduct tax at source on payments to influencers (including under Sections 194R for benefits or perquisites, 194H for commission, or as otherwise applicable), the Brand shall do so and remit the same to the appropriate authority. Where deduction is undertaken by the Platform on the Brand's behalf, you authorise such deduction from the escrowed amount.
- Where the Platform is treated as an e-commerce operator under Section 194O, you acknowledge that the Platform may deduct TDS at the prescribed rate from payments to influencers; you shall claim corresponding credit in your books.
- You shall provide your GSTIN (where applicable), TAN, and other tax-registration details required to enable correct invoicing and statutory reporting.
- Tax invoices, TDS certificates, and reconciliation statements shall be made available on the Brand dashboard. You shall be solely responsible for the correctness of your indirect-tax classification and input-tax credit claims.
8. Content Licensing and Intellectual Property
8.1 Influencer Ownership; Brand License
Unless expressly agreed otherwise in writing, the influencer retains ownership of the original creative content created by them for a campaign ("Campaign Content"). Upon release of campaign payment from escrow, you receive a limited, non-exclusive, royalty-free, worldwide license to use the Campaign Content as follows:
License Parameter | Default Scope |
|---|---|
Default Duration | Six (6) months for organic/social use; twelve (12) months for paid amplification (paid social, programmatic, OTT, in-store). |
Permitted Platforms | As specified in the campaign brief (e.g., Instagram feed, Reels, Stories, your website, your newsletter). Any platform outside the brief requires a separately agreed extension. |
Territory | Worldwide, unless restricted in the brief. |
Modification Rights | Cropping, resizing, captioning, translation. No alteration that changes the meaning, the influencer's personal image, or attribution. No use of AI deepfake or face-swap technology on the influencer's likeness. |
Sublicensing | To advertising agencies and media buyers acting on your behalf only. |
Post-License Period | Active distribution and paid amplification must cease; organic posts already published may remain online but shall not be boosted or repurposed. |
Extension / Buyout | Negotiated through the Platform as a campaign addendum; additional fees apply. |
8.2 Personality Rights
Use of the influencer's name, social handle, likeness, voice, or persona is restricted to the Campaign Content within the license duration. Standalone use of the influencer's image, likeness, or testimonial outside the Campaign Content requires separate written consent and may attract additional fees.
8.3 Brand IP
Your trademarks, logos, copyrighted assets, and brand guidelines remain your property. You grant the Platform and the engaged influencer a limited, revocable, non-exclusive license to use such materials solely for the purpose of executing the campaign and for the Platform to display campaign outputs in its portfolio.
8.4 Platform Showcase Right
You consent that the Platform may display the Campaign Content (with attribution to the Brand and the influencer) on its own marketing channels for portfolio and case-study purposes, for the duration of your active membership.
9. ASCI Compliance and Disclosure Responsibility
You acknowledge that the Advertising Standards Council of India (ASCI) Guidelines for Influencer Advertising in Digital Media and the Central Consumer Protection Authority's Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022, impose obligations on advertisers as well as on influencers. You therefore agree that:
- Every campaign brief shall expressly require the influencer to use a compliant disclosure label (#ad, #sponsored, #partnership, #collab, #promo, or the platform-native paid-partnership tag).
- You shall not direct or pressure any influencer to suppress, soften, or obscure the disclosure.
- You shall not provide false, misleading, or unverifiable information to influencers for use in claims.
- You shall maintain due-diligence records of substantiation for every claim made in your campaigns for at least three (3) years.
- You shall not require influencers to make health, safety, performance, or earnings claims that you cannot substantiate to the satisfaction of a regulator.
- You acknowledge that under the CCPA Guidelines, both the advertiser (you) and the endorser (influencer) may be held jointly and severally liable for misleading endorsements.
10. Brand Trust Score
You consent to the Platform computing and displaying a Brand Trust Score on a scale of 300 to 900, based on the Influencer Reviews (Post-campaign ratings, written reviews, repeat collaboration rate) and Verification & Identity (KYC completeness, GSTIN/CIN validity, beneficial-ownership disclosure).
You consent to the public or partial display of your Trust Score to influencers considering your campaigns. You shall not attempt to manipulate the Trust Score through paid reviews, bot reviews, or coercion of influencers.
11. Prohibited Conduct
You undertake that you shall not, directly or indirectly:
- Solicit personal contact details from influencers for off-platform engagement during the circumvention period (Section 6.5).
- Demand free content, unpaid samples beyond what is mutually agreed in the brief, or work outside the agreed scope.
- Engage in harassment, abuse, gender-based discrimination, or any unprofessional conduct against any influencer or Platform employee. Such conduct may attract immediate suspension and shall be referred to the Internal Complaints Committee constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, where applicable.
- Use the Platform to recruit influencers for activities outside the Platform's intended scope (e.g., adult content, illegal services, MLM schemes).
- Scrape, copy, or commercially exploit any data, content, or analytics from the Platform other than for the agreed campaign.
- Use the Platform for money laundering, sanctions evasion, or any activity prohibited under the Prevention of Money Laundering Act, 2002 or the Foreign Exchange Management Act, 1999.
12. Suspension, Termination, and Account Deletion
The Platform may suspend or terminate your Brand account, with or without prior notice, in the event of any breach of this Policy, the Community Guidelines, or applicable law. Upon termination:
- Active campaigns shall be either completed in accordance with their briefs or, where the Platform considers continuation inappropriate, terminated with pro-rata refund and recovery of any liquidated damages.
- Funds in escrow shall be reconciled and either released to influencers in respect of completed deliverables or refunded to the Brand, net of platform service fees and any amounts owed by the Brand.
- Brand profile shall be deactivated; data shall be retained as per Section 4.5.
You may at any time request voluntary account deletion by writing to grievance@rgossips.com. Deletion shall be affected within thirty (30) days of receipt of a verified request, subject to completion of pending obligations and statutory retention requirements.
13. Liability, Indemnity, and Disclaimers
The Platform acts as a technology intermediary connecting Brands and Influencers. The Platform is not a party to the underlying creative engagement and does not warrant the conduct, audience authenticity, or content of any influencer beyond the verification it explicitly undertakes. You agree to indemnify and hold harmless RUDE LABS Private Limited, its directors, officers, employees, and affiliates from any claim, damage, loss, or expense (including reasonable legal fees) arising from:
- Claims, instructions, or assets provided by you that are misleading, infringing, or unlawful.
- Your failure to substantiate any product or service claim.
- Non-disclosure or misleading disclosure in breach of ASCI or CCPA guidelines, where attributable to your direction.
- Tax non-compliance, including incorrect deduction or remittance of TDS or GST on your part.
- Unauthorised use of third-party intellectual property in brand-provided assets.
To the maximum extent permitted by law, the Platform's aggregate liability to you in any twelve-month period shall not exceed the platform service fees actually received by RUDE LABS from you in that period.
14. Grievance Redressal
In compliance with Rule 3(2) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and Section 8(10) of the DPDPA, the Platform has designated a Grievance Officer:
Grievance Officer & Data Protection Contact RUDE LABS Private Limited Email: grievance@rgossips.com Response timelines: Acknowledgment within 24 hours; resolution within 15 days.
If you are dissatisfied with the resolution, you may approach the Data Protection Board of India under the DPDPA, or any other competent authority.
15. Governing Law and Dispute Resolution
This Policy and your use of the Platform shall be governed by and construed in accordance with the laws of India. Subject to the dispute-resolution mechanism below, the courts at Dehradun, Uttarakhand shall have exclusive jurisdiction.
Any dispute, controversy, or claim arising out of or in connection with this Policy shall first be attempted to be resolved amicably. If unresolved within thirty (30) days, the dispute shall be referred to arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Dehradun. The language of arbitration shall be English. The award shall be final and binding on the parties.
16. Modifications to this Policy
The Platform may amend this Policy from time to time. Material changes shall be notified to you by email or in-app notice at least seven (7) days prior to taking effect. Your continued use of the Platform after the effective date shall constitute acceptance of the revised Policy. Where the amendment materially expands the scope of data processing, fresh consent shall be obtained in accordance with Section 6 of the DPDPA.
17. Miscellaneous
17.1 Severability
If any provision of this Policy is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
17.2 No Waiver
No failure or delay by the Platform in exercising any right shall operate as a waiver thereof.
17.3 Assignment
You shall not assign your rights or obligations under this Policy without the prior written consent of the Platform. The Platform may assign this Policy to any affiliate or successor entity without restriction.
17.4 Entire Agreement
This Policy, together with the Platform Agreements, constitutes the entire understanding between you and RUDE LABS Private Limited with respect to the subject matter hereof, and supersedes all prior discussions and arrangements.
17.5 Language
This Policy is published in English. Translations, if any, are provided for convenience; in case of conflict, the English version shall prevail.
18. Consent and Acceptance
Acceptance of this Policy is recorded by way of a single electronic acknowledgment at the time of signup, in accordance with the prevailing industry practice followed by leading Indian influencer marketing platforms and as permitted under Section 10A of the Information Technology Act, 2000.
18.1 Single-Checkbox Acknowledgment
By selecting the acknowledgment checkbox displayed at signup, you, as the Authorised Signatory of the Brand, confirm that you have read, understood, and agreed, on behalf of the Brand, to the following set of documents, which together constitute the complete legal arrangement between the Brand and RUDE LABS Private Limited:
- This Brand Consent Policy;
- The Platform Terms of Service;
- The Platform Privacy Policy;
- The Community Guidelines; and
- Any campaign-specific terms presented at the time of posting or funding a campaign.
18.2 Scope of Consent
By selecting this single acknowledgment, the Brand provides its free, specific, informed, unconditional, and unambiguous consent under Section 6 of the Digital Personal Data Protection Act, 2023 for the collection, processing, storage, sharing, and use of personal and business data for the purposes set out in Section 4 of this Policy, and consents to the ASCI compliance, content licensing framework, escrow mechanism, platform service fee, and tax treatment described herein. The Brand also acknowledges joint and several liability with influencers under the CCPA Guidelines, 2022 for any misleading endorsement attributable to the Brand.
18.3 Authorised Signatory Representation
The Authorised Signatory, by selecting the acknowledgment, expressly represents and warrants that they are at least 18 years of age, are duly authorised to bind the Brand to this Policy, and have obtained any internal corporate approvals required under the Brand's constitutional documents.
18.4 Withdrawal of Consent
The Brand may withdraw its consent at any time by writing to grievance@rgossips.com. Withdrawal shall be given effect subject to completion of pending campaign obligations, reconciliation of escrow balances, and lawful retention of data as set out in Section 4.5.
18.5 Audit Record
For each acknowledgment, the Platform shall electronically record the Brand identifier, Authorised Signatory's name and designation, policy version number, timestamp (in IST), IP address, device fingerprint, and a cryptographic hash of the policy text actually displayed at the time of acceptance. Where a board resolution or authorisation letter is uploaded, its document reference shall be linked to the consent record. This record shall constitute conclusive evidence of consent for the purposes of Section 65B of the Indian Evidence Act, 1872 (as preserved under the Bharatiya Sakshya Adhiniyam, 2023).
Verbatim text of the signup checkbox: “I have read and agree to the Brand Consent Policy, Terms of Service, Privacy Policy and Community Guidelines of Recent Gossips, on behalf of the Brand I represent.”