PRIVACY POLICY
Shengel Technologies Private Limited (“Company”) understands that you value your privacy, either as a user undertaking a trial (“User”) or a customer who has executed the software as a service agreement (“SaaS Agreement”) or any other agreement with the Company (“Customer”) of the software SHENGEL GO (“Software”) as a service (“Subscription”) offered by the Company or the website www.shengel.com (“Website”) (in any of these situations referred to as “You”). This policy describes the Company’s privacy practices as they pertain to all visitors of the Website and Users or Customers of the Website and the Subscription. The Company takes the protection of your personal data extremely seriously and adheres strictly to Information Technology Act 2000 and the various applicable Rules and Regulations framed thereunder, of India. This policy shall provide you with an overview of how the Company protects the data that is collected and for what purposes:
1. What This Privacy Policy Covers
This policy covers personal information that the Website receives, including information related to your past use of the Website. Additionally, the policy also covers sensitive personal information or data that a User or Customer may provide while accessing the Subscription during a trial or under the SaaS Agreement, respectively. This privacy policy of the Company (“Privacy Policy”) describes the treatment and protection of the information it collects about you. By accepting this Privacy Policy and the Company’s Terms and Conditions, you expressly consent to the Company’s collection and use of your personal and other information in the manner prescribed in this Privacy Policy. In case that you wish to withdraw your acceptance to such collection and use of your information, you must contact the Company at the email address provided herein informing the Company of your withdrawal of acceptance of the Terms and Conditions and the Privacy Policy. Please note that in the case of your withdrawal of acceptance to the collection and use provided by the Privacy Policy, the Company shall have the option not to provide you access to the Subscription through the Website.
2. Collection and use of the Information and/or Sensitive Personal Information (SPI)
2.1 Personal information includes any information that can be used to identify, contact or locate you. This includes but is not limited to your name, home and business address, email addresses, contact details and payment details. Non-personal information includes but not limited to your IP address, cookies, third party’s cookies and web pages that have been viewed by you on the Website. This collectively shall be referred to as “Information” for the purpose of this Privacy Policy.
2.2 In addition to the above, the Company may also collect sensitive personal information or data which includes information relating to the physical, physiological, mental health condition, medical records or history and/or any detail relating any of these aspects of any individual (“Sensitive Personal Information”/“SPI”) provided by the User/Customer whilst accessing the Software through the Subscription, whether during the free trial period (“Trial”) or under the SaaS Agreement, respectively.
2.3 The Company shall only collect and use the Information and/or SPI (a) to allow the User/Customer the access to the Software by Subscription during the Trial or under the SaaS Agreement and prevent or address service or technical problems, (b) as compelled by law, and (c) as the User/Customer expressly permits in writing.
2.4 The Company undertakes not to provide, distribute, trade, sell or rent (i) Information provided on this Website or related to past use of the Website and/or (ii) SPI provided by the User/Customer as the case may be to any third party, except as required by law and stated herein.
2.5 In general, the Company gathers all your Information collectively. The Company uses such Information in the aggregate, and it will not divulge the Information including names, e-mail addresses or other personal information regarding those visitors, except as required by law. This exercise helps the Company to determine how it can continually create a better overall experience for the visitors of the website, it’s Users/Customers.
2.6 In case of SPI, upon the Company obtaining knowledge by itself or been brought to actual knowledge by an affected individual in writing that no prior written consent was obtained before their SPI was collected by the User/Customer and thereafter hosted, displayed, uploaded, modified, published, transmitted, updated or shared by the User/Customer on the Software or that the concerned individual’s consent was withdrawn mid-way, the Company shall be entitled to stop the Trial or terminate the SaaS Agreement, as the case may be. Additionally, the Company shall be entitled to stop the access of the User/Customer to the Subscription unless it obtains the prior written consent and addresses the grievance of the concerned individual. Without prejudice to what is stated herein, the Company shall also be entitled, but not obliged to, undertake an audit to ensure that the User/Customer has obtained the required prior written consents of the individual providing the SPI before the same is collected by the User/Customer and thereafter hosted, displayed, uploaded, modified, published, transmitted, updated or shared by the User/Customer on the Software.
2.7 The Company will ensure by undertaking standard internal checks/measures that there is no unauthorized monitoring or collection of Information and/or for SPI there is secrecy and confidentiality of information maintained as per industry standards.
2.8 You agree that the Company shall use Information about you that you provide in the Contact us page of the Website to improve its marketing and promotional efforts, to analyze the Website usage, improve its content, product offerings and customize the content, layout of the Website and Subscription.
2.9 You further agree that the Company shall use Information about you and any other information it may obtain from your activities on the site to troubleshoot problems, enforce the Company’s Terms and Conditions and other related issues.
2.10 Additionally, you should be aware that when you voluntarily disclose personally identifiable information (such as the user’s name, e-mail address or any other personal detail) on the Website, such information, along with any information disclosed by the User/Customer, can be collected and used by third parties and may result in unsolicited messages from other users or third parties. Such activities are beyond the control of the Company and it shall not be liable and/or responsible for any consequences arising therefrom.
3. Confidentiality
3.1 Notwithstanding the foregoing, no obligations of confidentiality shall exist in respect of Information and/or SPI which:
- is in the public domain on the date of providing of the Information and/or SPI, or at any time thereafter comes into the public domain; or
- can be shown by the Company to have been known to the Company prior to it being disclosed to the Company by you; or
- subsequently comes into the possession of any third party from any other party which had a lawful right to disclose such Information and/or SPI without restriction.
3.2 This Privacy Policy only addresses the collection and use of Information and/or SPI that you provide the Company during the Trial or under the Agreement.
3.3 Due to existing regulatory environment and prevailing laws, the Company cannot guarantee that your Information and/or SPI will never be disclosed in ways not otherwise described in this Privacy Policy. The Company may disclose your Information and/or SPI in the circumstances set out below:
(a) The Company may be required to disclose your Information and/or SPI without your prior consent pursuant to an order or inquiry issued by a court of competent jurisdiction or by a judicial or administrative agency or legislative body or Government agencies as may be required under any provision of law, rule, regulation or guidelines in force in India;
(b) The Company may use and disclose all Information and/or SPI so submitted to its authorized employees engaged by the Company for the purpose of providing access to the Software through the Subscription, whether during the Trial or under the SaaS Agreement.
4. Information to any Third Party
The Company does not share the Information and/or SPI with any third-party parties even if it uses third party content. The Information and/or SPI collected will, on, no account, be sold or given to third parties for any purpose. Notwithstanding anything stated herein, the Company may however share the Information with its business partners or collaborators on a strictly need to know basis.
5. International visitors and Customers
This Website is hosted by GoDaddy in USA. If you are visiting from any other country with laws governing data collection and use different from Indian laws, please note that you are transferring the Information and/or SPI to India which does not have the same data protection laws as your country and by providing your Information and/or SPI, you consent to the use of the Information and/or SPI for the purposes identified in accordance with this Privacy Policy and the transfer of the Information and/or SPI to India as indicated herein.
6 Security
6.1 The Company cannot ensure or warrant the security of any Information and/or SPI you transmit to it and thus, you provide Information and/or SPI at your own risk. Once it receives your transmission, the Company shall endeavour to make reasonable efforts to ensure security on its systems. The Company uses standard security practices and procedures to protect the Information and/or SPI from unauthorized access, disclosure, alteration or destruction. The Company implements reasonable security practices and procedures namely the international Standard IS/ISO/IEC 27001 on “Information Technology – Security Techniques – Information Security Management System – Requirements for the protection of the Information and/or SPI on its Software. The Company shall undertake audit of these security practices and procedures as required by Indian laws as applicable from time to time. By implementing these Security Practices and Policies, the Company is deemed to have complied with reasonable security practices and procedures as required by applicable laws. However, this is not a guarantee that the Information and/or SPI will not be accessed, disclosed, altered or destroyed by breach. To the extent permissible by law, the Company disclaims any liability related to a security breach or loss of the Information and/or SPI.
6.2 Except as otherwise expressly provided herein, in no event, shall the Company be liable for any special, indirect or consequential damages, including, without limitation, loss of profits, loss of business opportunity, loss of data in the event of misuse of the Information and/or SPI
7 Retention of Information and/or SPI
7.1 In case of Users accessing the Software through the Subscription during the Trial, no Information and/or SPI provided by the User to the Company shall be retained by the Company after the free Trial period of thirty (30) days expires and the User does not sign the SaaS Agreement.
7.2 In case of Customers who have executed the SaaS Agreement, the Company shall within thirty (30) days of the effective date of termination of the SaaS Agreement or expiration of Subscription Period (as defined therein), the Company shall make the Information and/or SPI available to the Customer for export or download so that no Information and/or SPI of the Customer is retained by the Company, unless required to be retained by applicable laws of India. The Company shall keep all Information and/or SPI available for export for thirty (30) days after the termination date or expiry of the Subscription Period. After such thirty (30) day period, the Company shall have no obligation to maintain or provide any Information and/or SPI, except as required by applicable laws.
7.3 Notwithstanding anything stated herein or elsewhere and subject to applicable laws, the Company will however retain your Information (though not visible to others) to be used in certain circumstances, such as to resolve disputes, troubleshoot problems, enforce its Terms and Conditions, and as required by applicable law. Further, such prior Information is never completely removed and/or deleted from the Company’s databases due to technical and legal constraints, including stored backup systems and archives. Please therefore do not expect that all Information shall be completely removed and/or deleted from the Company’s databases in response to your requests
8 Authenticity of Information and/or SPI
The Company shall not be responsible for the authenticity of the Information and/or SPI collected by the User/Customer and hosted, displayed, uploaded, modified, published, transmitted, updated or shared on the Software in any manner whatsoever. The User/Customer or the individuals providing them with the Information and/or SPI shall be permitted to review the Information and/or SPI provided to ensure that the Information and/or SPI found to be inaccurate or deficient shall be corrected or amended as feasible. For this purpose, the User/Customer or individual shall contact the Grievance Officer in the mannerprovided hereinafter.
9 Cookies
A cookie is a piece of software code that an internet website sends to your browser when you access information at that site. The Company’s cookie policy is stated at www.shengel.com/legal/cookie.
10. Privacy Policy changes and contact
10.1 The Company may update this Privacy Policy from time to time and will accordingly, revise the ‘last updated’ date on the Privacy Policy. Any such amendment to this Privacy Policy will be effective on the Company posting the revised Privacy Policy on its Website. Changes to this Privacy Policy will be posted so that you will always know what information the Company may gather, how it might use that information and whether the Company will disclose it to any third party. Your continuous use of the Website and/or Subscription constitutes your agreement to this Privacy Policy and any updates. In case that you wish to withdraw your acceptance to such collection and use of your information, you must contact the Company at the email address provided herein informing the Company of your withdrawal of acceptance of Terms and Conditions upon which the Privacy Policy shall automatically cease to apply. Please note that in the case of your withdrawal of acceptance to collection and use provided by the Privacy Policy, the Company shall have the option not to provide stop your access to the Subscription through the Website and the Software.
10.2 If, at any time, you have questions or concerns or grievances about the Privacy Policy or the Information and/or SPI provided, please feel free to email the Company at [email protected]. If at any time you have grievances or discrepancies with regard to processing of Information and/or the SPI in a time bound manner or otherwise, you may contact the Grievance Officer Mr. Gaurav Chhaunker of the Company at +91 9900045093 or +971 52 745 7117 who shall redress your grievance within one month from the date of receipt of grievance. If you have registered as a User/customer of the Subscription, please quote your user / customer reference.
11. Effective Date
The Privacy policy is last revised on 23rd July 2020 at 9.00 AM.