Terms of Use
This Privacy Policy is a legally binding document between You and Tartanhq Solutions Private Limited (hereinafter referred to as “Company/We/Our/Us”), which will govern the relationship between You and the Company for Your use of mobile application, software or the website operated by the Company under the name and style “Perks” located at https://www.perks.com (hereinafter referred to as “Application”). This Privacy Policy shall be read along with the Terms and Conditions, which help You understand what information We collect, why We collect it, and how You can update, manage, export, and delete Your information. The terms of this Privacy Policy will be effective upon Your acceptance of the same (directly or indirectly in electronic form, by clicking on the ‘I Accept’ tab or by use of the Application or by other means).
This Privacy Policy covers both “online” (e.g., web and mobile services, including any websites and mobile applications operated by Us however accessed and/or used, whether via personal computers, mobile devices or otherwise) and “offline” (e.g., collection of data or registration of documents) activities.
This document is published as an electronic contract and shall be construed in accordance with the provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules, 2011 under Information Technology Act, 2000 and is subject to the relevant guidelines, directions, circulars, etc. issued by Reserve Bank of India, National Housing Bank, IRDAI or any other government authority, as amended from time to time.
Please read this Privacy Policy carefully. By using this Application, You indicate that You understand, agree and consent to the terms of Our Privacy Policy, to Our processing of information for the purposes given in this Privacy Policy as well as the information on the web and from third parties. If You do not agree with the terms of this Privacy Policy, please do not use this Application. You hereby provide Your unconditional consent or agreement to the Company as required under Section 43A and Section 72A of Information Technology Act, 2000 or rules made thereunder, as amended from time to time.
1. SCOPE AND APPLICATION OF POLICY
The Application regulates the processing of information relating to You and grants You various rights with respect to Your personal data. This Privacy Policy applies to anyone who uses Our Application, and/ or accesses Our Application. This Privacy Policy also applies to information We collect from or about Users, Service recipients, Service providers or any other persons who use the Company platform.
2. INFORMATION COLLECTED
(a) Information We Collect As You Access Our Application
We receive and store certain types of information whenever You interact with Us. You hereby agree to provide Us with an express consent in the form of access to Your account in order to allow Us to extract Your information from that account. When You use Our Services, We collect information about You in the following general categories:
Automatic Information
We receive and store certain types of information whenever You interact with Us. Our server logs Your activities for various diagnostic and analytical purposes. The Company is taking information, in an automated form, by entering into the account, the access of which is given by You for the purpose that has been described to You on the Application and the Terms of Use.
Information Collected by application
Our Services are primarily provided through the Application. We may collect and use technical data and related information, including but not limited to, technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software patches and/ or updates and/ or upgrades, product support and other services to You (if any) related to the Application. You understand that the data provided by You may be transmitted in the same or different format and that information transmitted shall be covered by this Privacy Policy. We may provide the information one time or continuously on a real time basis, depending on the requirement.
Personal Information
Personal Information includes all information about the User, including all information about persons recorded in structured filing systems (e.g., personnel files, financial information such as bank documents, salary slips, account details, data from Credit Information Companies, data required for Know Your Customer compliances, requirement and other relevant details , etc.) essentially the type of information that is identifiable to a particular individual. Some Personal Information may be classified as ‘sensitive’ in some jurisdictions and generally, stricter rules apply. We collect such information from the account, of which You provide access to Us, which further helps Us personalize and continually improve Your experience at the Application. You undertake that You shall be solely responsible for the accuracy and truthfulness of the Personal Information You share with the Company.
As part of the Services, You authorize the Company to import Your details and Personal Information dispersed over Third Party Platforms. Third Party Platforms are social networking platforms, such as Facebook, LinkedIn and other parties with which the Company has tie ups for such import.
We only gather information by accessing the account for which You consented to give access, such as, when You create or modify Your account, contact customer support, provide consent to access Your salary details or otherwise communicate with Us. We collect only such Personal Information which is for lawful purpose connected with Our Services and necessary to be collected by Us for such purpose.
We may collect personal information of the following nature:
- · Demographic data including but not limited to age, sex, race/ ethnicity;
- · Personal details such as name, address, contact information, referral name, etc.
- · Physical or mental health or condition;
- · Sexual orientation;
- · Commission or alleged commission of any offence;
- · Professional career related information or otherwise;
- · KYC details including but not limited to Aadhar number, PAN, Voter ID, license and/ or passport details;
- · Salary information and receipts;
- · Nature of Service required to be rendered;
- · Pages you visit, products you have viewed, compared, etc. for doing our internal study on improving our service to our customers.
(b) Registration to the service
Registration to Our Service is done through the Application and/ or any other medium that the Company may specify from time to time. During registration, We shall collect part or whole of the information as mentioned in this Privacy Policy by logging into the account, the access of which is provided by You.
When You access the Application, We may automatically collect information such as type of internet browser and operating system used, domain name of the website from which You came, number of visits, average time spent on the Application, pages viewed, etc. We use this information to ensure the Application function properly, monitor the relevance of the Application and improve their performance or content.
3. DISCLOSE INFORMATION TO THIRD PARTIES
We do not sell, share, rent or trade the information We have collected about You for commercial purposes or otherwise, other than as disclosed within this Privacy Policy or the Terms of Use or any other specific agreements entered into with You at the time We collate Your information.
Except as provided for hereinabove, We limit the collection and use of Your Personal Information. We may also make anonymous or aggregate Personal Information and disclose such data only in a non-personally identifiable manner. Such information does not identify You individually. Access to Your account information and any other personally identifiable information is strictly restricted and used only in accordance with specific internal procedures, and for the purposes set out in this Privacy Policy, in order to operate, develop or improve Our Services. Following are the situations when information may be shared:
(a) When You Agree To Receive Information From Third Parties
You may be presented with an opportunity to receive information and/ or marketing offers directly from third parties. If You do agree to accept the services provided by such Parties, Your consent will be deemed to be accepted and Your Personal Information will be disclosed to such third parties and all information You disclose, will be subject to the Privacy Policy and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, You should review the privacy policies and practices of such third parties prior to agreeing to receive such information from them. If You later decide that You no longer want to receive communication from a third party, You will need to contact that third party directly.
(b) Third Parties Providing Services
We use third party companies and individuals to offer You with Services being offered through the Application as well as facilitate Our Services, provide or perform certain aspects thereof such as designing and/or operating the Application features, analytics, providing customer support, providing information to relevant parties, enabling Us to facilitate sale/ service of various products/ services, send You special offers, performing technical services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Application features), or performing other administrative services. These third parties will have access to User information, including Personal Information to only carry out the sale/ services they are performing for You or for Us. However, kindly note that these are third parties and accordingly, the degree of Our control in ensuring such protection will only be limited.
We use a third party hosting provider who hosts Our support section of Our Application. Information collected within this section of Our Application by such third party is governed by Our Privacy Policy.
There are number of products/ services such as loans, credit cards, mutual funds, offered by third parties on the Application, such as lenders, banks, credit card issuers. If You choose to apply for these separate products or services, disclose information to these Service providers, then their use of Your information is governed by their privacy policies in addition to the Privacy Policy of the Application. As mentioned above, the Company is not responsible for their privacy policies. We encourage You to visit and read about the privacy notices and procedures adopted by these third parties’ Service providers, when You apply for their products or services.
(c) Administrative And Legal Reasons
We co-operate with Government and law enforcement officials and private parties to enforce and comply with the Applicable Law. Thus, We may access, use, preserve, transfer and disclose Your information (including Personal Information, IP address, Device Information or geo-location data), to Government or law enforcement officials or private parties as We reasonably determine is necessary and appropriate: (i) to satisfy any Applicable Law, regulation, subpoenas, Governmental requests or legal process; (ii) to protect and/or defend the Terms and Conditions for mobile Application or other policies applicable thereto, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Company, Our Services or any third party; (iv) to protect the safety of the public for any reason; (v) to detect, prevent or otherwise address cyber fraud, security or technical issues; and /or (vi) to prevent or stop activity We may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity.
(d) Business Transfers
As We continue to develop Our business, We might merge or be acquired by other business entities. In such transactions, customer information generally is one of the transferred business assets. Also, in the unlikely event that Company or substantially all of its assets are acquired, customer information will of course be one of the transferred assets and will accordingly be transferred to the acquirer.
(e) Protection Of Company
We release account and other personal and financial information when We believe release is appropriate to complete the rendition of sale/ services to You through the Platform, comply with Applicable Law; enforce or apply Our Terms of Use and other agreements; or protect the rights, property or safety of Company, Our Users or others. This includes exchanging information with other companies, organisations, Government or regulatory authorities for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing or otherwise disclosing personally identifiable information from Users for commercial purposes in a way that is contrary to the commitments made in this Privacy Policy.
(f) When You Consent To Sharing Of Information
Personal Information may be collected and shared with third parties if there is content from the Application that You specifically and knowingly upload to, share with or transmit to a prospective product/ service provider through the Application, an email recipient, online community, website; e.g., salary slips, insurability details including health records, etc. information about You or Your uploads that You choose to share with others through features which may be provided on Our Application. This uploaded, shared or transmitted content will also be subject to the privacy policy of the third party to which You upload, share or transmit the content.
(g) For Advertising
We may share Personal Information with third parties, including advertisers on our Application, in order to help them place more targeted ads.
These companies may use information (excluding your name, address, email address, or telephone number) about Your visits to this Application in order to provide advertisements on this Application and other third party websites about goods and services that may be of interest to You.
We use third party service providers to serve ads on Our behalf across the internet and sometimes on this Application. They may collect anonymous information about Your visits to Application, and your interaction with Our Services. They may also use information about your visits to other websites for targeted advertisements for services. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major websites. No personally identifiable information is collected or used in this process.
There might be affiliates or other sites linked to the Application. Personal information that You provide to those sites are not Our property.
4. PURPOSE OF COLLECTION OF INFORMATION
We may use the information We collect about You to:
· Share the same with third party Service providers to enable them to effectively sell their products/ provide their Services to You and undertake various components of service to be able to provide you with the Services;
· Provide, maintain, and improve upon Our business. For example, to introduce and facilitate payments, develop new features, provide customer support to Users, develop features, authenticate users, and send Service updates and administrative messages;
· Perform internal operations, including, for example, to prevent fraud and abuse of the Application; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyse usage and activity trends;
· Send or facilitate communications;
· Send You communications we think will be of interest to You, including information about products, services, promotions, news, and events of Company and other companies, where permissible and according to local Applicable Laws; and to process contest, and fulfil any related awards;
· Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements;
· To detect, prevent and protect the Company from any errors, frauds, and other criminal or prohibited activity;
· To create aggregate or statistical information that does not directly identify a specific person, and We may share that information with third parties;
· For any other purpose, for which You have granted consent.
5. SHARING AND DISCLOSURE OF INFORMATION
(a)
You hereby unconditionally agree and permit that Company may transfer, share, disclose or part with all or any of Your Information, within and outside of the Republic of India to Company and to third party service providers/ partners/ banks and financial institutions for one or more of the purposes listed above or as may be required by Applicable Law. In such cases, unless we are collecting the information pursuant to your agreement with them, We will attempt to contractually oblige the receiving third parties of the Information to ensure the same level of data protection that is adhered to as by Company under Applicable Law.
(b)
You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to You or to any third party, or any wrongful gain to Us or to any third party.
(c)
We disclose the information to the third parties in the method specified below, including, but not limited to the purposes of collection of information as mentioned above.
6. CONFIDENTIALITY
The Personal Information and other usage information We collect is securely stored within Our databases, and We use standard, industry-wide, Reasonable Security Practices such as encryption, firewalls and SSL (Secure Socket Layers) for protecting Your information. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of Our databases, nor can We guarantee that information You supply won't be intercepted while being transmitted to Us over the internet or wireless communication, and any information You transmit to the Company You do at Your own risk. We recommend that You not disclose Your password to anyone.
7. CHANGES TO THIS PRIVACY POLICY
(a)
Our business changes constantly and Our Privacy Policy and Terms of Use will also change accordingly.
(b)
We, at our sole discretion, reserve the right to update, change or modify this Privacy Policy at any time to reflect any (including but not limited to) changes in the law, the data collection, and practices, the features of the Application or advances in technology. The amendment to this Privacy Policy shall come into effect from the time of such update, change or modification and the same will be published here.
(c)
You are requested to review the Privacy Policy carefully from time to time. Use of information collected is subject to the Privacy Policy in effect at the time such information is used. The changes to this Privacy Policy shall be treated as read, recognized, understood, consented and accepted if You continue to use the Application post such changes.
(d)
Unless stated otherwise, Our current Privacy Policy applies to all information that We have about You and Your account. We stand behind the promises We make, however, and will never materially change Our policies and practices to make them less protective of User information collected in the past without the consent of affected User.
8. COOKIES AND OTHER TRACKING TECHNOLOGIES
We use data collection devices such as “cookies” on certain pages of Our Application.
A cookie is a piece of data stored on the User’s computer tied to information about the User. We may use both session ID cookies and persistent cookies. For session ID cookies, once You close Your browser or log out, the cookie terminates and is erased. A persistent cookie is a small text file stored on Your computer’s hard drive for an extended period of time. Session ID cookies may be used by the Company to track User preferences while the User is visiting the Application. They also help to minimize load times and save on server processing. Persistent cookies may be used to store whether, for example, You want Your password remembered or not, and other information. Cookies used on the Application do not contain personally identifiable information.
You may set most browsers to notify You if You receive a cookie, or You may choose to block cookies with Your browser, but please note that if You choose to erase or block Your cookies, You will need to re-enter Your original User ID and password to gain access to all/ certain parts of the Application.
Tracking technologies may record information such as internet domain and Users’ names; Internet protocol (IP) addresses; browser software and operating system types; stream patterns; and dates and times that Our site is accessed. Our use of cookies and other tracking technologies allows Us to improve Our Application and Your experience. We may also analyze information that does not contain Personal Information for trends and statistics.
The cookies allow You to take advantage of some of the Application’s essential features, We recommend that You leave them turned on. For instance, if You block or otherwise reject Our cookies, You may not able to use any Service that require you to sign in.
9. DISCLAIMER
We cannot ensure that all of Your private communications and other Personal Information (including sensitive information like credit card information and bank account number) will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although We are committed to protecting Your privacy, We do not promise, and You should not expect, that Your Personal Information or private communications will always remain private. As a User of the Application, You understand and agree that You assume all responsibility and risk for Your use of the Application, the internet generally, and the documents You post or access and for Your conduct on and off the Application.
10. SECURITY OF PERSONAL INFORMATION
The Company understands that the confidentiality, integrity, and availability of Your information are vital to Our business operations and Our own success. We employ appropriate technical and organizational security measures at all times to protect the information We collect from You. We use multiple electronic, procedural, and physical security measures to protect against unauthorized or unlawful use or alteration of information, and against any accidental loss, destruction, or damage to information.
The Company protects Your information as per the requisite industry standards. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, We cannot guarantee its absolute security. Further, You are responsible for maintaining the confidentiality and security of Your login id and password, and may not provide these credentials to any third party.
11. CONTROL OF YOUR INFORMATION
You have the ability to control how Your non-personal information is collected and used online. You also have the ability to choose what personal information, including what sensitive personal information (i.e., your financial information) You provide to Us. However, if You choose not to provide all of the information and data that is requested of You, We may not be able to provide You with the Services that You have subscribed to.
You may, at any time while availing of Our Services or otherwise, withdraw the consent given earlier to Us to collect and Use Your sensitive personal data or information by writing to Us at admin@tartanhq.com. However, in case You withdraw Your consent, the Company shall have the option to stop providing You the Services for which the information was sought. You will not be eligible for refund of any fees paid for any Service in such event and You agree that the Application shall not be liable to You for the same in any manner whatsoever.
We believe You should be able to choose what kinds of information You receive via email/SMS. If You do not want to receive marketing materials by email/SMS, just indicate Your preference on the contact information for Your account or the ‘opt-out’ or unsubscribe link provided in Our marketing emails and You can also write to Us at admin@tartanhq.com. Please keep in mind that We will continue to notify You by email/ SMS/ via phone calls regarding Your services with Us, even after You have opted out.
You can review the information that We have collected by logging into Your account at the HR portal of a company, the access of which You gave and the account on the Application and correct or amend any personal information or sensitive personal data or information to ensure that the information or data You provided us is accurate and/or not deficient. The Company is not responsible for the authenticity of any personal information or sensitive personal data or information supplied to it by You or any third party.
12. USER DISCRETION AND OPT OUT
You agree and acknowledge that You, out of Your free will, gave us Your consent to access Your Personal Information from the portal. You have an option not to permit the Company to collect Your Personal Information or later on withdraw Your consent with respect to such Personal Information so provided herein by sending an email to the grievance officer or such other electronic address of the respective Company entity as may be notified to You. In such case, You should neither use any Services provided by Company entities nor shall contact any of Company’s entities.
You can add or update Your Personal Information, on the portal, on regular basis. Kindly note that Company may retain Your previous Personal Information in its records.
13. INDEMNITY
You agree and undertake to indemnify and keep Us indemnified against any suit or dispute by any third party arising out of disclosure of Personal Information by You to third parties either through the Application or otherwise and Your use and access of websites, applications and resources of third parties. We assume no liability for any actions of third parties with regard to Your Personal Information, which You may have disclosed to such third parties.
14. GOVERNING LAW
This Privacy Policy and any disputes arising under it shall be governed by, interpreted and construed in accordance with the laws of India. Subject to para. 15 below, courts and tribunals at Mumbai, India shall have exclusive jurisdiction over all disputes arising out of or in relation to this Agreement.
15. DISPUTE RESOLUTION
Any dispute, discrepancy, controversy or claim between the Parties hereto arising out of or in connection with this Agreement including any question regarding its existence, validity, interpretation, breach or termination, or any default of any obligation hereunder (“Dispute”) either during or after the Term, hereof, shall be settled amicably by the Parties within 30 (thirty) working days of the receipt of the notice of the existence of a Dispute. In the event any Dispute cannot be resolved within 60 (sixty) working days from notice of the Dispute, either Party may refer the Dispute to be finally settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996 and the rules framed thereunder as amended from time to time. The arbitration proceedings shall be conducted by a sole arbitrator mutually appointed. The venue and seat of arbitration shall be Mumbai, India and the arbitration proceedings shall be conducted in the English language.
16. SEVERABILITY
Each paragraph of this Privacy Policy shall be and remain separate from and independent of and severable from all and any other paragraphs herein except where otherwise expressly indicated or indicated by the context of the agreement.
The decision or declaration that one or more of the paragraphs are null and void shall have no effect on the remaining paragraphs of this Privacy Policy.
17. CONTACT INFORMATION
In case you either have any feedback or comments about this Privacy Policy or any discrepancy with respect to the processing of any of the information/data You provided to the Company, You can be sent it to the grievance officer mentioned below. We will employ all reasonable efforts to address the same.
(a) Grievance Officer:
In accordance with Information Technology Act, 2000 and rules made there under, as amended from time to time, the name and contact details of the grievance officer are as follows:
Name: Mr. Meet Semlani
Email: meet@tartanhq.com
Mobile no.: +91-8080813042
Address: Weworks, HD-015, Floor-2, Plot -264/265, Dr. Annie Besant Road, Worli Colony, Mumbai-400030
(b) Process of Grievance Redressal:
Any person having a grievance in relation to this Privacy Policy may furnish the grievance, at any time, to the above-mentioned personnel.
An acknowledgement of the grievance will be issued and generated by the Company for the benefit of the complainant within 24 hours of it being furnished for information and record.
The manner of grievance redressal shall have the following arrangement:
· The Company shall address the grievance and inform the complainant of its decision within 15 days of the registration of the grievance;
· If the decision of the publisher is not communicated to the complainant within the stipulated 15 days, the grievance shall be escalated to the Board of Directors of the Company, which shall conduct the Board meeting for redressing grievance of the Company.