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Privacy Policy

 

A.   Background

  1. This Privacy Policy (“Policy”) of  www.factsuite.com (hereinafter, “the Website”) provides for the practices for the collection, possession, storage, handling and dealing of personal identifiable information/data and sensitive personal data (hereinafter collectively referred to as “Personal Information”) of the users of the Website and/or the Service (as defined below) (“Active User”) and also of the persons whose Personal Information is shared by the person using the Website and/or Service (“Passive User”) (hereinafter collectively referred to as “User”), by QuinPro Info Services Pvt Ltd (hereinafter referred to as "Factsuite" or “Company”) and its subsidiaries and affiliates.
  2.  This Policy is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
  3. The Company intends to provide background verification services for the User himself, employees or support staff of an organization, or tenants of a premise, or any other person including drug testing and medical check-up reports, or any other allied services (“Services”) to the Users of the Website (“Client User”) who have entered into the Terms of Service available at [Terms of Service] (“Terms of Service”);
  4. The User understand and agrees that this Policy does not apply to any website(s), mobile sites and mobile apps of third parties, Facilitator services provided, even if their websites/products are linked to the Company’s Website. Accordingly, it is recommended that the User review the privacy statements and policies of any such third parties and/or Facilitators with whom the User interacts.
  5. Please read this Policy in conjunction with the Company’s terms of use located at [Terms of Use ] ("Terms of Use”), which describes how the User may use this Website.

 

B.   Overview

  1. Last update date: 31/1/2022
  2. The User may contact the Company at Grievance@factsuite.com (“Privacy Officer”), in case of any questions, opinions or suggestions about the Policy or Personal Information protection, and the Company shall endeavor to revert to the User within 30 days, under normal circumstances.

 

C.   Specific Consent to the Terms of this Policy

  1. Company urges the User to read and understand the Policy carefully to help the User understand how to protect the User’s privacy rights.
  2. The User’s use or access of the Website, or use of Company’s Services, or provision of the User’s information including Personal Information, means that the User have agreed with the Company’s collection, processing, storage, use and protection of the User’s Personal Information in accordance with the Policy. In this regard the Company shall assume that the Active Users have completely read and understood the Policy and the Active Users sharing Passive User’s information has shared this Policy with such Passive User and received appropriate consent for using, processing and sharing the Passive User’s information as per this Policy.

 

D.   Type of Personal Information Collected

In the course of the usage of the Website, the Company shall collect the Personal Information in the following manner:

  1. While using the live chat function or the contact function of the Website (“Chat Function”):
    1. Conversations between the Users and the representatives of the Website (including the additional information, if any).
    2. Chat logs to record details of the User’s chats using the Chat Function to connect to the Company;
  2. Automated Logging of Session Data:
  3. The Company also gathers and stores (i) the internet protocol address and domain name used by the User’s  computer to connect to the Internet; (ii) the nature of the User’s use of the Company’s Website and/or Services, including information the User inputs when using the Company’s Website and/or Services; (iii) the date, time, and duration of the User’s  Website visit; (iv) the pages viewed by the User; (v) User behaviour pattern; (vi) number of sessions and unique visitors; (vii) the operating system and the browser the User’s  computer uses, and any search engine or inbound hyperlink used to reach this Website and/or Services;
  4. While Registration on the Website for availing Services: Personal Information which the User provides while subscribing to or registering on the Website (“Registered User”), for availing the Services, including but not limited to:
    1. Personal Information about the User’s personal identity: The User’s name, gender, age etc.
    2. The User’s contact details: the User’s email address, postal addresses, telephone (mobile or otherwise) and/or fax numbers.
    3. The User’s location, if shared by you.
  5. For rendering the Services: Personal Information shared by any User (“Subject SPDI”) regarding the employee or a potential employee, tenant or potential tenant, support staff or potential support staff or any other person, who is the subject of the Services and whom the background verification Services is to be conducted (“Subject User”). It is understood between the User and the Company that such Subject User may be a Passive User or Active User. Further, such Subject SPDI collected by the Company is on behalf of a Client User. The Subject SPDI may include the following Personal Information relating to the Subject User:
  6. Scanned copies of Aadhar, PAN cards and other proof of ID and address (however, the Company never insists on sharing Aadhaar as a proof of ID or proof of address);
  7. Scanned copies of rental agreements, service letters, payslips, qualifications, certificates; and
  8. Other Personal Information such as address and contact information, employment details, reference details, education details, fathers name, gender, marital status and such other Personal Information as is required to provide the Services.
  9. Any Personal Information shared with Company with respect to rendering Services such as drug testing or medical check-up, for sharing with the relevant diagnostics clinic and other such channel partners assisting the Company in rendering of Services such as drug testing and medical check-up (“Facilitators”).

 

E.   Purpose of Collection and Usage of Personal Information: The Company uses the Personal Information for the following purposes:

  1. Providing the Company’s Service: The Company uses Personal Information including the Subject SPDI to provide Services vide the Website and for other customer service purposes in relation to User accounts.
  2. Facilitating third party services: For sharing and collating the medical reports, drug reports and other Personal Information shared by the Facilitators, to render the Services and/or issue a comprehensive background verification report to the Client User.
  3. Verification: The Company uses Personal Information for the verification of the User’s identity, eligibility, registration and to provide customized services.
  4. Marketing and advertising: The Company uses Personal Information to provide Users with newsletters, special offers, and promotions, including via email; and for other marketing, advertising, and promotional purposes, including general updates about the Company and its Services and new offerings. These communications will be sent in accordance with the User’s communications preferences.
  5. Lead Generation: For generating business enquires and trade leads.
  6. Improving the Services: To analyze User’s choices, browsing pattern including the frequency of visits and duration for which a User is logged on, to diagnose problems with the Company’s servers, for improving the Company’s systems and Website and Services.
  7. Quality Control: Correspondence between Users and the representatives of the Website (including the additional information, if any) in relation to the Services is collected and stored for quality control or training purposes.
  8. Target advertising: Provide the User with advertisement based on the User’s activity and interests, both on the Company’s own Website and applications and on third-party sites and applications; and
  9. New services: The Company shall approach the User for the User’s consent for any other specific purpose not listed in this Policy.

Please get in touch with the Privacy Officer (as provided under Paragraph B above) in case the User would like to object to any purpose of processing the User’s Personal Information. However, please note that if the User object or withdraw consent to process data as above, the Company may discontinue providing the User with Services through the Website.

 

F.   Data Retention Policy

  1. The Company will retain the User’s Personal Information only for as long as is necessary, and after such reasonable time, it is destroyed appropriately and securely or anonymized in accordance with the law. The Company shall retain the User’s Personal Information (other than in anonymized form) for as long as needed: (i) in order to comply with the Company’s legal and contractual obligations; (ii) as long as the Company has a continued relationship with the User; (iii) as long as needed to provide Services to the User.
  2. Notwithstanding anything contained under Paragraph F (I) above Subject SPDI shall be retained for a period of 6 months after the Services are completely rendered to the relevant Client User, unless a longer period is required by the Client User, in writing, on whose behalf the Subject SPDI is collected for rendering the Services.

 

G.   Use of Cookies and Similar Technologies

  1. The Company uses cookies to personalize the User’s experience on the Website and the advertisements that maybe displayed.
  2. Cookies are small pieces of information that are stored by the User’s browser on the User’s device’s hard drive. Cookies allow the Company to serve the User better and more efficiently.
  3. The User can control how and whether cookies will be accepted by the User’s browser, however, blocking Company’s cookies may disable certain features on the Website, and may hinder an otherwise seamless experience to purchase or use certain services available on the Website.

 

H.   Where Personal Information is Held

  1. The Personal Information that the Company collects in respect of the User is hosted on the Company’s behalf on servers maintained by Amazon Web Services as per their policies and has advised the Company that it has implemented measures to ensure that it complies with the Indian data privacy rules and regulations. The Company may also choose to save the same in its own servers located in India.

 

I.   Transfer and Disclosure of Personal Information:

     The User’s Personal Information may be shared by us, in the following manner:

  1. To affiliated companies and entities for better efficiency, more relevancy, innovative business matchmaking and better personalised services, provided such entities provide similar or greater level of protection as the Company provides.
  2. If required by law, legal process, litigation, and/or requests from governmental or regulatory authorities, or for the purpose of national security, law enforcement, or other issues of public importance, including cyber incidents, prosecution and punishment of offences, to disclose the User’s Personal Information
  3. The Company may share the User’s Personal Information to third party that the Company may engage to perform certain tasks on its behalf, including but not limited to conducting market research/ surveys, data hosting, and data processing platforms.
  4. The Company may use Personal Information of Users in aggregate or anonymized form to: (a) build higher quality, more useful online services by performing statistical analysis of the collective characteristics and behaviour of the Company’s customers and visitors, and by measuring demographics and interests regarding specific areas of the Website; (b) to provide anonymous statistical information based on this data to suppliers, advertisers, affiliates and other current and potential business partners; (c) to inform these third parties as to the number of people who have seen and clicked on links to their websites.
  5. Additionally, the Company may disclose User's Personal Information, if required to do so, (a) for rendering Services or for attaining the purpose under Paragraph E above; (b) to the Facilitators as required, for providing the Service; (c) for regulatory, internal compliance and audit exercise(s); (d) to secure the Company’s systems; or (e) to enforce or protect the Company’s rights or properties of the Company or any or all of its affiliates, associates, employees, directors or officers or when the Company has reason to believe that disclosing Personal Information of User(s) is necessary to identify, contact or bring legal action against someone who may be causing interference with the Company’s rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
  6. Should the User elect to share the User’s Personal Information with third party partners and providers listed on the Company’s Websites or otherwise to the Facilitators, the information received by the other entity becomes subject to its privacy policies and practices;
  7. Please take note that whenever a User post Personal Information or business information online, the same becomes accessible to the public and the Users may receive messages/emails from visitors of the site
  8. In connection with a sale, divesture, or transfer of the Company (including any shares in the company) or any combination of its products, services, assets, affiliates, and/or businesses. the User’s Personal Information may be among the items sold or otherwise acquired in these types of transactions. The Company may also sell, assign or otherwise transfer such Personal Information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the Company.
  9. Once a User becomes a Registered User, the User is no longer anonymous to the Company and thus all the Personal Information provided by the User shall be stored, possessed in order to provide the User with the requested Services and as may be required for compliance with statutory requirements.
  10. Subject SPDI may be shared, for the purposes of the Services, with the relevant Client User.

 

J.   Global Transfer of Personal Information

The Company may transfer the User’s Personal Information outside India, where it is collected, in any case it will only be transferred to a country that offers the same or greater level of protection for Personal Information than India.

 

K.   Protection of Personal Information

  1. The Company values the security of the User’s Personal Information and hence the Company has implemented technical and organizational security measures that are designed to help protect the User’s Personal Information from unauthorized access, disclosure, use and modification. From time-to-time, the Company reviews its security procedures to consider appropriate new technologies and methods.
  2. Please be aware, however, that no data security measures can guarantee 100% security.
  1. If the Company learns of a security breach, it may (a) attempt to notify the User electronically so that the User can take appropriate protective steps; or (b) post a notice on the Website, or (c) take suo-motto steps to rectify the breach without any notice to the User. If the User have any questions about the security of the User’s Personal Information, please contact the Privacy Officer.

 

L.  The User’s Rights

  1. The User have the following rights pertaining to the User’s Personal Information:
  1. Right to request that the User’s Personal Information held by the Company be corrected, rectified or deleted;
  2. Right to object to the processing of the User’s Personal Information or to request restriction thereof
  3. Right to withdraw consent the User’s consent to submit any or all Personal Information or decline to provide any permissions on its Website as covered above at any time
  1. Any request from the User to update, delete or correct the Personal Information, or to withdraw consent regarding sharing and use of Personal Information should be shared with the Privacy Officer.
  2. In case, the User choose to object processing of the User’s Personal Information, withdraw consent in regard to the User’s Personal Information or delete the Personal Information shared, then the User’s access to the Website may be limited, or the Company might not be able to provide the Services to the User.
  3. The Company will evaluate any request for deletion of Personal Information on a case-to-case basis and take the requisite action as per applicable law. In this regard, please note that information sought to be deleted may remain with the Company in archival records for the purpose of compliance of statutory enactments, or for any other lawful purpose. Therefore, users are requested to carefully evaluate what types of information they would like to provide to the Company at the time of registration.

 

M.   Third Party Website or Facilitators

The Company may through the Company’s Website, provide links to third-party websites. The Company does not make any representations or warranties with respect to such third-party websites. Further, the Company is not responsible for the practices employed by such websites, applications, or services (including Facilitators) linked to or from the Services or Website, including the information or content contained there. The such third-party websites and services are subject to that third party’s (including Facilitators) own rules, policies, and practices, and not this Policy.

 

N.   Rights to Personal Information

  1. Save and except the rights provided herein in this Policy, all rights to the Personal Information shall belong to the User.
  2. Any Personal Information which the Company collects and which it may use in an aggregated format is the Company’s property. The Company may use it, in the Company’s sole discretion and without any compensation to the User, for any legitimate purpose including without limitation the commercial sale thereof to third parties.

 

O.   Update of Policy

  1. This Privacy Policy is current as of the last updated date set forth above.
  2. The Company may periodically change this Policy to keep pace with new technologies, industry practices, and regulatory requirements, among other reasons.  While, the Company expects most such changes to be minor, it requests the Users periodically to review the changes.

 

P.   Opting Out

  1. The Company may send periodic promotional or informational emails to Users in accordance with their communications preferences. At any time, Users may opt out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to thirty (30) business days for the Company to process opt-out requests
  2. Please note that, even after the User opts out from receiving marketing messages from us, the User may continue to receive transactional and product-related messages

 

Q.   Governing Law

  1. These Terms shall be governed by and construed in accordance with the laws of India. The User and the Company agrees that they are bound by the laws of India for the purposes of this Policy and the Services. The User agree that the Company shall not be required to follow laws of any other jurisdiction, whether or not such User belongs to a different jurisdiction other than India.
  2. The User and the Company shall try to resolve any dispute arising out of or in relation to these Terms by mutual discussions, failing which the same shall be submitted to arbitration under the provisions of the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Bangalore and the language of arbitration, English. Subject to the foregoing, the courts at Bangalore, India shall have exclusive jurisdiction.

 

                                                                                                                                                      GLOSSARY OF TERMS                                                 

                             The following terms shall have the respective meanings given to them in the corresponding Clauses below:

                                                                                                   

 

Term

Reference

Active User

Para A. I

Chat Function

Para D. I

Client User

Para A. III

Company

Para A. I

Facilitators

Para D. III

Factsuite

Para A.I

Passive User

Para A. I

Personal Information

Para A. I

Policy

Para A. I

Privacy Officer

Para B. II

Registered User

Para D.II

Services

Para A. III

Subject SPDI

Para D. III

Subject User

Para D. III

User

Para A.I

Website

Para A. I

 

 

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