LAST UPDATED ON: 06 April 2022
The Company and the User are each hereinafter referred to as “Party” and collectively as “Parties”.
PERSONAL DATA WE COLLECT
Personal data means information which relates to an identified or an identifiable individual.
We may also collect, use and share anonymised, aggregated data such as statistical or demographic data for any purpose. Anonymised data may be derived from your personal data but is not considered personal information in law as this information does not directly or indirectly reveal your identity. For example, we may aggregate information on how you use our Website to calculate the percentage of users accessing a specific Website feature.
HOW WE COLLECT PERSONAL DATA
We collect most of this information from you directly. However, we may also collect information from other sources.
Our Marketing Communication
We may contact you about our Website services by email, in-Website messages, phone or post. We rely on our legitimate interests to use your personal data in this way, except when your express consent is required by law.
If you are our existing customer, we may use the information we have about you (such as what services you previously bought from us, where you are based, how you use our Website) to make predictions on what other services may be of interest to you. We will use that information to make our marketing emails and offers relevant to you. This type of personal data use is called ‘profiling’. We will do that on the basis of our legitimate interests.
Cookies and similar technologies
In addition, third party advertising platforms (for example, Facebook, Google and LinkedIn) may also use their advertising pixels and other cookies on our Website and in our emails with our permission. Their cookies are used to track visitors across websites in order to deliver adverts more relevant to them and their interests. The advertisers may use information about your visit to our Website to target advertising to you on other websites.
RIGHT TO WITHDRAW CONSENT OR TO OBJECT TO PROCESSING
You can always ask us to stop using your personal information for marketing purposes by: (i) emailing us at firstname.lastname@example.org;(ii) changing your marketing preferences within your account on our Website or app; (iii) in case of marketing emails, by using the ‘unsubscribe’ link in our marketing emails; or (iv) in case of cookies, by using the cookie preferences settings on our Website. From time to time, we may ask you to confirm or update your marketing preferences.
HOW WE PROTECT YOUR INFORMATION
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Website.
SHARING YOUR PERSONAL INFORMATION
If you are a registered User of our services, we will share your personal data with our service providers.
IT and Technology
We also share data with providers of other IT, digital, and technology products and services, which we use to operate our business. For example, providers of website hosting services, website and app analytics services, customer email services, digital marketing services, and social media advertising services.
We may also:
share your personal data with members of our staff;
share your personal data with our subsidiary company;
disclose your personal data to professional advisers (e.g., lawyers, accountants, auditors or insurers) who provide professional services to us;
disclose your personal data to certain third parties if specifically requested or agreed with you (e.g., if you ask us to introduce you to a third party);
disclose and exchange certain information with law enforcement agencies and regulatory bodies to comply with our legal obligations; and
share your personal data with third parties, such as potential buyers of some or all of our business, potential investors, or group companies if our business undergoes a corporate re-structure;
Such data recipients will be bound by confidentiality obligations.
FOR HOW LONG DO WE KEEP PERSONAL DATA
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.
We may also anonymise your personal data (so that it can no longer be associated with you) for analytics, research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
We have appropriate security measures to prevent personal data from being accidentally lost or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
NOTICE: Any notice or other communication provided for herein or given hereunder to the Company and/or the User shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return receipt requested) or by e-mail to the Company’s address as mentioned in this Agreement and to the address of the User as provided to us by the User in writing at the time of availing the Website services. Any change in the email address shall immediately be updated by the User, failing which, any notice sent to the User on the pre-existing email address shall be deemed to be a notice duly served to the User.
SUCCESSORS AND ASSIGNS: This Agreement shall be binding on and inure to the benefit of the Parties hereto and their respective heirs, legal or personal representatives, successors, and assigns.
RELATIONSHIP BETWEEN PARTIES: Parties shall be considered independent of each other and not agents or employees of the other Party. Neither Party shall have authority to make any statements, representations, or commitments of any kind, nor to take any action which shall be binding on the other Party, except as may be expressly provided for herein or authorized in writing.
FORCE MAJEURE: We shall not be liable for any failure or delay in performance of this Agreement, in whole or in part, where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of god, severe weather, fire, terrorism, vandalism or civil riots, war, civil disturbance, pandemics, labor activity, or strike, court order or any other cause outside our exclusive and direct control.
ENTIRE AGREEMENT: This Agreement along with other documents as and when updated on the Website, shall constitute the entire agreement between the Parties relating to the subject matter contained in this Agreement and supersede all prior or contemporaneous negotiations, commitments and understanding of the Parties whether oral, written or otherwise.
SEVERABILITY: Any provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
SURVIVABILITY: All clauses that logically ought to survive the termination of this Agreement shall survive.
HEADINGS: Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
AFFIRMATION: The Users affirm that they have entered into this Agreement freely, voluntarily, and without reliance on any promises, representations, or other statements not contained in this Agreement and have read and understood the terms and conditions contained in this Agreement.
GENDER AND PLURALS: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Agreement and not to any provision or section.
USER FEEDBACK: You may at your sole discretion choose to submit comments, inputs, suggestions, ideas or other feedback about the Website, including but not limited to, regarding the possible creation, modification, correction, improvement or enhancement of the Website. By submitting any feedback, you acknowledge and accept that we are free to use such feedback in any way we choose without any compensation or notice to you, and you hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license to incorporate and use the feedback for any purpose.
COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute the same instrument.
ELECTRONIC SIGNATURES: For purposes of this Agreement, the use of a facsimile, email, or other electronic media shall have the same force and effect as an original signature.
Effective as of 29/04/2022