It is also important to understand the distinguished roles for processing User Information as per certain data protection laws and regulations including the Indian IT Act:
● “data controller” or the “data fiduciary” or “business”; as used under relevant data protection laws – means, who determines the purposes and means of processing; and
● the “data processor” or “service provider”; as used under relevant data protection laws – means, who process the data on behalf of the data controller (or data fiduciary or business).
I. WHAT INFORMATION WE COLLECT AND HOW WE COLLECT IT
1. Information we collect from You
1.1. “Customer Data”
1.1.1. User Information collected which we analyze, process and manage on our Users’ behalf are a part of the service provided by the Website. Specifically, this is data which is proprietary to the User and includes (a) incorporation status, (b) details of registration obtained in accordance with any applicable law, (c) brand name, (d) postal address, (e) addresses for communication.
1.1.3. If you wish to revoke such consent, please contact us at firstname.lastname@example.org
1.1.4. Accordingly, the User is solely responsible for determining whether and how they wish to use the Website and such features, and to ensure that all individuals using the Website on their behalf or at their request have given their informed consent to these practices, and that all legal requirements applicable to the collection, recording and use of data through the Website are fully met by them, including specifically in the context of an employment relationship.
1.1.5. Accordingly, to the extent that the Indian IT Act or any similar laws apply:
(a) the Company would be deemed to be the ‘data controller’ or the ‘data fiduciary’; as used under relevant data protection laws.
(b) the Third-Party Service Provider (defined below) would be deemed to be the ‘data processor’ or ‘service provider’ when processing such data.
1.2. Information collected via use of the Website (“Application User Data”)
1.2.1. We collect personal data directly from our Users and their users in connection with the provision of the Platform. Depending on the context, such information may include:
(a) user names and contact details such as email address, job title, company name and phone number;
(b) activity data from the devices on which the Platform is installed/ used (“Activity Data”) and includes technical information with limited individually identifying information such as usernames, machine names, IP/MAC address of the user’s device and identifiers and may include without limitation:
(i) Performance Data: Data relating to how the Website is performing. Examples include metrics of the performance and scale of the Website and details about the response times for user interfaces.
(ii) Service Logs: Service logs are automatically generated by the Website recording events during the operation of the Website.
(c) other information that Users provide to the Company in connection with the provision of the Platform.
1.3. “Website Data” – Data relating to our Users, visitors of our website [●] and any other prospective customer or partner who visits or otherwise interacts with any our websites, content or emails or communications under our control (“Sites”).
II. HOW WE USE THE INFORMATION
2. Use of the data collected
2.1. Use of Customer Data
2.1.1. The Company processes Customer Data, and the personal data contained in it.
2.1.2. Use of Application User Data
2.1.3. The Company processes Application User Data, and the personal data contained in it as necessary for the performance of the Website, with our legal and contractual obligations, and to support our legitimate interests in maintaining and improving our website.
2.1.4. The Company does not sell User Information.
2.2. Use of Website Data
2.2.1. The Company processes Website Data in the manner provided in clause 2.2.1. above.
More specifically, Customer Data, Application User Data and Website Data are used for the following purposes:
(a) To facilitate, operate and provide our Website;
(b) To gain a better understanding on how individuals use and interact with our Website and how we could improve their and others’ user experience, and continue improving our products, offerings and the overall performance of our Website;
(c) To facilitate and optimize our marketing campaigns, ad management and sales operations, and to manage and deliver advertisements for our products and services more effectively, including on other websites and applications. Such activities allow us to highlight the benefits of using the Website, and thereby increase Your engagement and overall satisfaction with the Website.
(d) To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
(e) To create aggregated statistical data, inferred non-personal data, or anonymized or pseudonymized data (rendered non-personal and non-identifiable); and
(f) To comply with applicable laws and regulations.
III. HOW WE SHARE YOUR INFORMATION
3. Sharing of data
3.1. The Company takes caution to allow User Information to be accessed only by those who really need access in order to perform their tasks and duties, and to share with third parties who have a legitimate purpose for accessing it.
3.2. In exceptional circumstances, we may disclose or allow government and law enforcement officials access to Your User Information , in response to a subpoena, search warrant, court other or any similar requirement in compliance with the applicable law. Such disclosure may occur if we believe in good faith that
(a) we are legally compelled to do so; or
(b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing or to assist government enforcement agencies; or
(c) such disclosure is required to protect our legitimate business interests, including the security or integrity of our products and services; or
(d) such disclosure is mandatory to investigate and defend ourselves against any third-party claims or allegations.
3.3. We may share User Information with third parties in the following circumstances:
3.3.1. Service Providers –
(a) We may engage third party companies and individuals to help with our business purposes and would have access to the User Information for the purposes of maintenance of Website or other purposes complementary to our own including hosting and server co-location services, communication and content delivery networks (“CDNs”), speech-to-text services, data and cyber security services, data and cyber security services, fraud detection and prevention services, web analytics, e-mail distribution and monitoring services, session or activity recording services, remote access services, performance measurement, data optimization and marketing services, social and advertising networks, content providers, e-mail, voicemails, support and customer relation management systems, and our legal, financial and compliance advisors (each such engagement a “Service Provider”).
3.3.2. Third Party Websites and Services
3.3.3. Subsidiaries and Affiliated Companies
(c) If we believe that such change in control might materially affect your User Information then stored with us, we will notify you of this event and the choices you may have via e-mail or prominent notice on the Website.
IV. HOW LONG DO WE RETAIN DATA
4. Retaining Data
4.1. Retaining Application User Data and Website Data
4.1.1. We retain Application User Data and Website Data for as long as it is reasonably necessary in order to maintain and expand our relationship and provide you with our offerings i.e. the Website; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e. as required by laws applicable to log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our data retention policy.
4.2. Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your User Information for any particular period, and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by e-mail at email@example.com
V. Data Location
6.1. Cookies are packets of information sent to your web browser and then sent back by the browser each time it accesses the server that sent the cookie. Some cookies are removed when you close your browser session. These are the “Session Cookies”. Some last for longer periods and are called “Persistent Cookies”. We use both types.
6.3. We use Persistent Cookies to remember your log-in details and make it easier for you to log-in the next time you access the platform. We may use this type of cookies and Session Cookies for additional purposes, to facilitate the use of the services’ features and tools.
VII. Your Privacy Rights and Choices
7. This clause covers the rights available to You on if any data that we access as per clause I concerns you.
7.1. Rights generally available
7.1.1. Right to rectification or update User Information
If You would like to correct or update personal information that You have provided to us, please contact us at firstname.lastname@example.org to receive instructions to update your profile.
7.1.2. Right not to provide consent or withdraw consent
We may seek to rely on Your consent in order to process certain personal data. Where we do so, You have the right not to provide Your consent or to withdraw Your consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.
7.1.3. Right to access and/or portability
You may have the right to access the User Information that we hold about You and, in some limited circumstances, have that data provided to You so that You can provide or ‘port’ that data to another provider.
7.1.4. Right of erasure
In certain circumstances, You may have the right to the erasure of User Information that we hold about You (for example if it is no longer necessary for the purposes for which it was originally collected).
7.1.5. Right to object to or restrict processing
You may have the right to request that we restrict the processing of Your User Information in certain circumstances (for example, where You believe that the User Information we hold about You is not accurate).
7.1.6. Right to lodge a complaint to your local Data Protection Authority
You may have the right to lodge a complaint with your national data protection authority or equivalent regulatory body.
7.2. Exercise of the rights
If you would like to exercise any of the above rights, please contact email@example.com so that we may consider Your request under applicable law. To protect Your privacy and security, we may take steps to verify Your identity before complying with the request.
VIII. HOW DO WE SECURE YOUR DATA
8. Data Security
8.1. The Company would maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to any data, minimize the risks of theft, damage or loss of information; in accordance with the industry standards.
8.2. However, although we make efforts to protect your privacy, we cannot guarantee that our Website will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.
IX. ADDITIONAL NOTICES AND HOW TO CONTACT US
9.1. Updates & Amendments
9.2. Data Protection Officer
9.3. Questions, concerns or complaints