- SCOPE AND APPLICABILITY OF THIS POLICY
- TYPES OF SENSITIVE PERSONAL DATA OR INFORMATION WE COLLECT
The term Sensitive Personal Data or Information in this Policy refers to personal information which does and/or is capable of identifying You as an individual. The types of Sensitive Personal Data or Information that We may collect consist of following personal information relating to You:
- name, gender, home address, telephone number, date of birth, marital status, email address, emergency contacts or other contact information (including the gender, age, nationality and passport information of any relatives and beneficiaries)
- photographs racial or ethnic origin, nationality and passport information religious or philosophical beliefs
- financial information such as bank account/credit card/debit card or other payment instrument details taxpayer identification number
- physical, physiological and mental health condition sexual orientation
- medical and health records and history biometric information
- affiliations, interests, work history, technical skills, educational background, professional certifications and registrations, language capabilities, training courses attended
- voicemails, e-mails, password, correspondence and communications
- About the pages You visit/access, the links you click on our Website, the number of times you access the page, items bought by You, loyalty points, pre-nomination, notification, Opinions of features on our Website.
- the results of credit and criminal background checks, screening, health certifications, driving licence number, vehicle registration and driving history
- information required to comply with laws, statutory obligations, the requests and directions of law enforcement authorities or court orders
- acknowledgements regarding IRL policies, including ethics and/or conflicts of interest policies and computer and other corporate resource usage policies
- any detail relating to the above clauses as provided to IRL and
- any of the information received under above clauses by IRL for collecting, receiving, possessing, using, processing, recording, storing, transferring, dealing, handling and disclosing under lawful contract or otherwise.
Most of the Sensitive Personal Data or Information We collect is the data or information that is willfully and knowingly provided to us by You. However, in some instances, We collect Sensitive Personal Data or Information about You, based on our inferences about You, from other information provided to us by You or on our interactions with You or on such personal information about You that We receive from a third party with Your knowledge.
- YOUR CONSENT
We will obtain Your permission in writing through a letter or fax or email (Consent) before collecting Your Sensitive Personal Data or Information with respect to the purpose of usage of such data or information. If You give Your Consent, it means You have done so freely and voluntarily and agree to this Policy. You always have the right to refuse or withdraw Your Consent for the Sensitive Personal Data or Information sought to be collected or withdraw Your Consent given earlier to us. We will always respect such a refusal or withdrawal, but it might mean that We are unable to perform all services, arrangements or contracts with You and will have the option to discontinue the same. We will inform You of these inabilities, if they occur. However, We reserve the right to retain such Sensitive Personal Data or Information as may be necessary for providing our pending services to You and in accordance with this Policy.
We will while collecting Sensitive Personal Data or Information directly from You take such reasonable steps to ensure that You are aware of the -
- fact that the Sensitive Personal Data or Information is being collected
- purpose for which the Sensitive Personal Data or Information is being collected
- intended recipients of the Sensitive Personal Data or Information and
- name and address of the agency that is collecting the Sensitive Personal Data or Information and retaining the same.
We respect Your privacy rights, therefore, IRL will observe the following guidelines when collecting, receiving, possessing, using, processing, recording, storing, transferring, dealing, handling, and disclosing:
- Sensitive Personal Data or Information will be collected, received, possessed, used, processed, recorded, stored, transferred, dealt, handled and disclosed in compliance with the local laws/regulations in the territory where those activities occur including IT Act
- Sensitive Personal Data or Information will be collected for specified, legal and legitimate purposes and shall be used for the purpose for which it has been collected
- Sensitive Personal Data or Information will be relevant/necessary to/for the purposes for which it is collected and used
- Sensitive Personal Data or Information will be current and accurate with reasonable steps taken to rectify or delete inaccurate Sensitive Personal Data or Information
- Sensitive Personal Data or Information will be kept only as long as necessary for the purposes for which it was collected and processed and
- Appropriate measures will be taken to prevent unauthorized access or use, unlawful processing, and unauthorized or accidental loss, destruction, or damage to such Sensitive Personal Data or Information.
- PURPOSES FOR COLLECTION, STORAGE AND/OR USE OF SENSITIVE PERSONAL DATA OR INFORMATION
The primary purposes for collection, storage and/or use of Sensitive Personal Data or Information is for:
- our business processes, operations and management including but not limited to performance of the business, operation of the services, entering into or performing any contract, maintaining quality of the services, providing support to the products or services You have obtained from us, managing company assets
- processing Your order, corresponding with You, fulfilling Your transaction requests and delivering the programs, products, information, and services requested by You or other services related inquiries
- managing Client Contacts profiles including but not limited to the business relationship between the Clients and Client Contacts, administering and developing our business relationship with You, providing You with information, products or services that You request from us or which We feel may interest You, record keeping and other general administrative and services related processes
- ensuring the safety and protection of the rights or property of IRL or its business
- complying with applicable legal requirements including but not limited to governmental reporting, etc and fulfilling statutory/legal obligations as a service provider under applicable laws, adhering to judicial or administrative orders, compliance with laws
- contacting You via surveys to conduct research about Your opinion of current services or of potential new services that may be offered by us
- monitoring or recording of certain calls, chats and other interactions relating to the online transactions which may involve You calling us or us calling You and online chats for staff training or quality assurance purposes or to retain evidence of a particular transaction or interaction
- while conducting daily business/operations such Sensitive Personal Data or Information may be provided to affiliates and associate companies, employees/staff of IRL and Third Partys for the purpose of processing such Sensitive Personal Data or Information for or on our behalf including but not limited to helping us to perform statistical analysis, send You email or postal mail, provide customer support/support services, arrange for deliveries of programs, products, information, and services etc
- direct marketing and promotional purposes
- operating Website, improving the content of our Website to offer You better products and/or services and to ensure that content from our Website is presented in the most effective manner for You and
- in connection with the business of IRL.
- DATA COLLECTION DEVICES
We also use logging systems on our internal network to register the use of your computer systems. This is done for the purpose of ensuring the performance, integrity and security of these systems. We have also contracted with third partys to track and analyze anonymous usage and volume statistical information from our visitors and members for research purposes. Such information is shared externally only on an anonymous, aggregated basis. Such third parties use persistent cookies to help us to improve the visitor experience, to manage our Website content, and to track visitor behavior. All data or information collected by such third party on our behalf is used solely by or on behalf of IRL and is shared externally only on an anonymous, aggregated basis.
We will make best efforts to do so but do not warrant that any of the websites or any affiliate site(s) or network system linked to our Website is free of any operational errors nor do We warrant that our Website will be free of any virus, computer contaminant, worm, or other harmful components. Our Website contains links to other sites which are not owned or operated by IRL. IRL is not responsible and makes no guaranty for the privacy practices or the content of such websites. These links are provided only as a convenience to You. Neither, IRL nor any of its affiliates are responsible for the availability of such third party websites or their contents. IRL will not be liable for Your Sensitive Personal Data or Information transmitted over networks accessed by You of the sites or otherwise connected with Your use of the services. You understand, acknowledges and agree that neither IRL nor any of its affiliates are responsible or liable, directly or indirectly, for any damage or loss of any sort caused in connection with your use of or reliance on any content of any such site or services available through any such site.
You acknowledge that the services, content, site and/ or any software are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose. Although IRL has taken adequate safeguard and in case of any breach IRL shall take action to remedy such breach. In addition to taking all the reasonable precautions as required under law, IRL expressly disclaims any and all warranties, express or implied, including, without limitation: (i) The services and/ or software will be free of all viruses and hacking. (ii) The software will work on all mobile phones, will be compatible with all mobile phone networks and/or will be available in all geographical areas. (iii) Any service will be uninterrupted, timely, secure or error-free for any reasons whatsoever including but not limited to overload / breakdown of receiving network, servers or applications system failures out of the IRLs control or due to heavy traffic on network.
- DISCLOSURES OR TRANSFER OF YOUR SENSITIVE PERSONAL DATA OR INFORMATION
If IRL wishes or is required to disclose the Sensitive Personal Data or Information collected from You to any Third Party, We will ask for Your prior Consent except when such disclosure has been agreed in the contract between IRL and You or it is necessary to comply with a legal obligation or it is to be shared with Government agencies or to be disclosed to any third party by an order under law. IRL will transfer, with Your Consent, the Sensitive Personal Data or Information to any other Third Party in India or overseas, that ensures the same level of data protection that is adhered to by IRL as setout herein for fulfilling any contractual obligation.
We will disclose or transfer Your Sensitive Personal Data or Information in accordance with this Policy and all applicable legal requirements. Your Sensitive Personal Data or Information will be disclosed or transferred, as may be required from time to time, as follows:
- For Business Purposes: to (i) the appropriate employees/staff/persons in our offices (ii) our affiliates and associate companies (iii) from one office within IRL to another office in India or overseas in accordance with the IT Act (iv) to any third party, in the event of a proposed or actual business transfer and (v) in connection with our business and services provided by IRL.
- To Third Partys: working with us or on our behalf in different industries and categories of business. We will disclose, share, transfer Your Sensitive Personal Data or Information to any Third Party or provide Your Sensitive Personal Data or Information to any Third Party in connection with our business requirements or for the purposes indicated herein. Such Third Partys are required to process Your Sensitive Personal Data or Information they receive from us in a lawful, safe and responsible manner in accordance with this Policy and the prevailing laws and take all appropriate security and confidentiality measures such that they do not use Your Sensitive Personal Data or Information for their own purposes or disclose Your Sensitive Personal Data or Information to others. Neither IRL nor any Third Party will publish Your Sensitive Personal Data or Information.
- For Legal Requirement: to any court of law and/or government agencies/entity as may be required under law and/or statutory authority, Reserve Bank of India and Credit Information Bureau India Ltd (CIBIL) or in response to a legal process, for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences and/or to any third party by an order under the applicable law or if We determine it is necessary or desirable to comply with any applicable law regulation, legal process or enforceable governmental request or to protect or defend our rights or property including compliance with accounting and tax rules and regulations or to investigate detect, prevent, or take action regarding illegal activities, suspected fraud, security or technical issues or situations involving potential threats to the physical safety of any person.
- For Centralized Data Processing Activities: We have centralized certain aspects of our data processing and administration in order to allow us to better manage our business. Such centralization may result in the transfer of Your Sensitive Personal Data or Information: (i) from one country to another (ii) to our employees/staff of the affiliates/associate companies of IRL in other locations etc. However, whenever Your Sensitive Personal Data or Information is transferred within IRL, it will be processed in accordance with the terms and conditions of this Policy.
- REASONABLE SECURITY PRACTICES AND PROCEDURES AND AUDITS
We seek to ensure compliance with the requirements of the IT Act to ensure the protection and preservation of Your privacy, therefore We take appropriate security measures to protect Your Sensitive Personal Data or Information against unauthorized access, alteration, disclosure or destruction. We have a number of physical, electronic, and procedural safeguards/measures in place to actively protect the confidentiality, security, and integrity of Your Sensitive Personal Data or Information, including a comprehensively documented information security programme and a strict security policy that contains managerial, technical, operational and physical security control measures for protecting such data or information. We have implemented standard or code of best practices for data or information protection.
We limit access to Your Sensitive Personal Data or Information to members of our team/employees of IRL/Third Partys who We believe reasonably need to come into contact with that information for the purpose of performing their duties. We have strict confidentiality obligations that apply to such members/employees of IRL/Third Partys. Failure to meet these obligations may result in disciplinary and other actions, including dissolution of a contract, termination of employment and criminal prosecution.
We conduct training to authorized users regarding the lawful and intended purposes of processing Your Sensitive Personal Data or Information, the need to protect and keep information accurate and up-to-date and the need to maintain the confidentiality of the data or information to which such authorized users have access. Authorized users will comply with this Policy, and We will take appropriate disciplinary actions, in accordance with applicable laws, if Your Sensitive Personal Data or Information is accessed, processed, or used in any way that is inconsistent with the requirements of this Policy.
To further ensure enforcement of this Policy, The standard or code of best practices will be audited for compliance with this Policy and IT Act. For this purpose, We engage an independent auditor duly approved by the Central Government, to conduct the audit at least once a year or when We undertake significant upgradation of our process and computer resources and take such corrective action if necessary to address any issues or problems that such audit reveals.
- RETENTION OF YOUR SENSITIVE PERSONAL DATA OR INFORMATION
We are aware of the importance of timely destruction of Sensitive Personal Data or Information. We ensure that Your Sensitive Personal Data or Information is not stored/retained for a longer period than necessary for the purpose for which it was collected, used or processed or as provided in our contracts except when there is a legal obligation to do so under any law. It is our practice to destroy Your Sensitive Personal Data or Information as soon as possible after it is no longer necessary for the purpose for which it was collected, used or processed save and except as stated hereinabove.
- UPDATING OR REVIEWING YOUR SENSITIVE PERSONAL DATAORINFORMATION/ QUESTIONS OR COMPLAINTS
You may by a written request review the Sensitive Personal Data or Information provided by You. We will ensure that any Sensitive Personal Data or Information about You which is found to be inaccurate or deficient shall be corrected or amended as may be feasible.
You expressly state that Sensitive Personal Data or Information provided by You to us is correct and complete in all respects and does not contain any false, distorted, manipulated, fraudulent or misleading facts. We expressly disclaim any liability arising out of the said data or information provided by You to us. Further, You expressly agree that We are not responsible for the accuracy and authenticity of such data or information provided by You to us and You agree to indemnify IRL for all losses incurred by IRL due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts made by You to IRL.
Incase of any discrepancies or grievances with regard to the processing of Your Sensitive Personal Data or Information, please contact Mr. Shashank Singh / Mr. Dean Faria (the Grievance Officer) at +91(22) 67613600. Further on receipt of any concerns or complaints the Grievance Officer will employ all commercially reasonable efforts to address the same within one (1) month of receipt of same.
- ENFORCEMENT RIGHTS
All IRL affiliates/group companies will ensure that this Policy is observed. All employees/staff of IRL and Third Parties who have access to Sensitive Personal Data or Information are required to comply with this Policy. In some countries, violations of data protection regulations may lead to penalties and/or claims for damages from the individuals who are adversely affected.
All Third Parties shall only process the Sensitive Personal Data or Information in accordance with IRLs instructions or make decisions regarding such data or information as part of the delivery of their services. In either instance, IRL will select reliable Third Parties who undertake, by contract or other legally binding and permissible means, to put in place appropriate technical and organizational security measures to ensure an adequate level of protection of such data or information. IRL will require Third Parties to comply with this Policy or to guarantee the same levels of data protection that is adhered to by IRL when handling/processing such data or information. Such selected Third Parties will have access to such data or information solely for the purposes of performing the services specified in the applicable service contract and are legally and contractually bound to maintain the privacy of such data or information shared with them and will not disclose it further. If IRL concludes that a Third Party is not complying with these obligations, it will promptly take appropriate actions to remedy such non-compliance or implement necessary sanctions.
Additionally, our team members/employees/staff are bound by internal confidentiality policies. Any team member/employee/staff found to have violated this Policy or any other policies will be subject to disciplinary action, up to and including termination of employment including penalties under applicable laws.
All Third Partys and our team members/employees/staff do hereby specifically agree that he/she/it shall, at all times, comply with the requirements of the IT Act, while collecting, receiving, possessing, using, processing, recording, storing, transferring, dealing, handling and disclosing Sensitive Personal Data or Information. The said Third Party and team members/employees/staff do further unequivocally declare that in case he/she/it violates any provisions of the IT Act, he/she/it shall alone be responsible for all his/her/its acts, deeds and things and that he/she/it alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.
- MODIFICATIONS TO THE POLICY
IRL reserves the right to update, change or modify this Policy, from time to time, without prior notification. The policy shall come into effect from the date of such update, change or modification.
We will inform You regarding any such changes by updating this Policy and will post all changes to the Policy on relevant internal and external websites.
Effective with the implementation of this Policy, applicable IRL privacy guidelines or practices relating to the processing of Sensitive Personal Data or Information will be superseded by the terms of this Policy and modified accordingly. All parties to any such agreements will be notified of the effective date of implementation of the Policy.
If any of the terms or definitions used in this Policy are ambiguous, the definitions established under the IT Act shall apply.