Privacy Policy - InCruiter

For EU Users

THIS PRIVACY POLICY HAS BEEN DRAFTED AND PUBLISHED IN ACCORDANCE WITH THE INFORMATION TECHNOLOGY ACT 2000; THE INFORMATION TECHNOLOGY (AMENDMENT) ACT 2008; AND THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011. THIS PRIVACY POLICY CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU, AS A USER OF THE PLATFORM AND US, AS THE OWNER OF THE PLATFORM. YOU MUST BE A NATURAL PERSON WHO IS AT LEAST 18 YEARS OF AGE.

INTRODUCTION AND APPLICABILITY OF THE PRIVACY POLICY
1. We are strongly committed to respecting your online privacy and recognize the need for appropriate protection and management of any personal information collected and/or collated by us.
2. The purpose of this Privacy Policy is to ensure that there is an intact charter to collect, use and protect any personal and/or sensitive data collected by us. This Policy defines our procedure for collection, usage, processing, disclosure and protection of any information obtained by us through the Platform.
3. Any reference made to the Privacy policy in this document shall mean and refer to the latest version of the Privacy Policy
DISCLAIMER
1. Please be advised that any Information (as defined herein below) procured by us, shall be:
  1. processed fairly and lawfully for rendering the Services (as defined in Terms of Service);
  2. obtained only for specified and lawful purposes, and not be used in any manner which is against the law or policy in force in India (“Applicable Law”);
  3. adequate, relevant and not excessive in relation to the purpose for which it is required;
  4. able to be reviewed by the User, from time to time and updated-if need arises; and
  5. not kept longer than for the time which it is required or the purpose for which it is required or as required by the applicable law.
2. We shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any data if the same is either (a) required for sharing your information for legitimate purposes; or (b) was affected through no fault, act, or omission of the company.
3. By using the services, you explicitly accept, without limitation or qualification, the collection, use and transfer of the data in the manner described herein.
4. Please read this privacy policy carefully as it affects your rights and liabilities under law.
YOUR CONSENT
1. Please note that by providing the Information (as enumerated herein below), you provide your consent and authorize us to collect, use or disclose such information for the business and research purposes and as stated in this Privacy Policy, the Terms of Service and as permitted or required by applicable law. Moreover, you understand and hereby consent that this information may be transferred to any third-party user to provide Services through the Platform or to any third-party providers for rendering Services (as defined in the Terms of Service), any jointly developed or marketed services, payment processing, order fulfilment, customer services, data analysis, information technology services and such other services which enable us to provide Services through the Platform.
2. This Privacy Policy shall be enforceable against you in the same manner as any other written agreement. By visiting or accessing the Platform and voluntarily providing us with information (including Personal Data), you are consenting to our use of the Information, in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, you may refuse or withdraw your consent at any time, or choose to not provide us with any Personal Information. Under such circumstances, we may be unable to render Services.
3. Such an intimation to withdraw your consent can be sent tocontact@incruiter.com
TYPES OF INFORMATION COLLECTED BY US
1. “Personal Data” means and includes any information that relates to a natural person through which an individual is identified, such as the name, contact details, email address, gender, age, organisation name, organisation email id, demographic information such as address and pin code, any photo identity or any other information relevant to service choice and preferences provided by a User, including but not limited to information gathered through availing Services.
2. “Sensitive Personal Data” means and includes information relating to; (i) government ID cards; (ii) financial information such as bank account or credit card or debit card or other payment instrument details; and (iii) any detail relating to the above-mentioned points as provided to us for using the Platform.
3. “Technical Information” means and includes any Information gathered through various technologies that may employ cookies, web beacons, or similar technologies to automatically record certain information from your device through which you use the Platform. This technical information may include your Internet Protocol (IP) address, device or browser type/version, Internet service provider (ISP), referring or exit pages, clickstream data, operating system, hardware model, operating system version, unique device identifiers, and mobile network. This data includes usage information and user statistics.
4. Information about your visit, including the full Uniform Resource Locators (URL), the clickstream to, through and from the App/website (including date and time); material or information that you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
5. If you choose to link your account information with Facebook, Twitter, Google Plus, Pinterest, Instagram, any job portal, Gmail or any other social networking or similar site (collectively referred to as Social Networking Services or “SNS”) to sign in to the Website through any platform an option of which may be provided by the App/website to you at its sole discretion, we will collect and store your SNS user ID, and other account information and other information freely made available to the Company by the SNS. The Account Information that is collected includes all the account information provided by you to that website. Please be aware that the other information we obtain from the SNS is often dependent on their privacy policies and/or on your settings regarding what information you have consented to share with services like that of the Company.
6. “Locational Information” shall mean and include the information obtained through GPS or other means, such as the geographical location of the User.
7. “Device Information” shall mean information from or about the computers, phones, or other devices where you install or access our Services, depending on the permissions you’ve granted. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices. Here are some examples of the device information we collect:
  1. Attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers.
  2. Device locations, including specific geographic locations, such as GPS, Bluetooth, or Wi-Fi signals.
  3. Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address.
  4. Metadata: Metadata is usually technical data associated with Content you submit post or share on the Website. Users can add or may have metadata added to their Content including geolocation, date, attribution, or other data.
8. Cookies: “Cookies” are small text files consisting of alphanumeric numbers used to collect the Information about Platform activity. For detailed information on the cookies we use and the purposes for which we use them see our Cookie policy.
9. “Information through the use of our service” means and includes information which is shared with us to avail of our Services. This shall include the video recordings of the interview proceedings collected for assessment and feedback to the client, interviewer and the candidate.
10. “Non-Personal Information”
  1. "Non-Personal Information” means and includes any information that does not reveal your specific identity, such as browser information, information collected through Cookies (as defined below), pixel tags and other technologies, demographic information, etc. As is true with most websites, our Company gathers some information automatically when you visit the Platform. When you use the Platform, we may collect certain information about your computer or mobile to facilitate, evaluate and verify your use of the Platform. For example, we may store environmental variables, such as browser type, operating system, speed of the central processing unit (CPU), referring or exit web pages, click patterns and the internet protocol (IP) address of your computer. This information is generally collected in aggregate form, without identifying any user individually.
  (The Sensitive Personal Data, Technical Information, Locational Information and Non-Personal Information are collectively referred to as "Information" ).
PURPOSE OF COLLECTION AND USAGE OF THE INFORMATION:
1. The data collected by us shall be used for availing our Services and utilised for other functions including but not limited to:
  1. corresponding with you to facilitate and enhance your use of the website,
  2. enhancing the security of the website/App.
  3. to render Services (as defined in the Terms of Service), and maintain the Platform;
  4. to evaluate the quality and competence of our personnel;
  5. to resolve any complaints, you may have and ensure that you receive the highest quality of services;
  6. feedback, quality and internal training purposes,
  7. notifying you about changes to our Platform;
  8. allowing you to participate in interactive features of our Platform when You choose to do so;
  9. providing analysis or valuable information so that we can improve the Platform;
  10. monitoring the usage of the Platform;
  11. detecting, preventing and addressing technical issues;
  12. Analyse usage patterns;
  13. Analyse usage patterns;
  14. Improve user experience and personalise content;
  15. Notify you about new services and features.
2. Business or Research Purposes: The Information saved, except Sensitive Personal Information, will be used for business or research purposes, including improving and customizing the Platform for ease of use and the services offered by us. We may archive this information to use for future communications for providing updates and/or surveys.
3. Aggregating Information/Anonymized data: We may aggregate information and analyse it in a manner to further accentuate the level of services that we offer to our customers. This information includes the average number of users of the Platform, the average clicks of the services/, the features used, the response rate, etc. and other such statistics regarding groups or individuals. In doing so, we shall not be making disclosures of any Sensitive Personal Information as defined above.
INFORMATION WE RECEIVE FROM OTHER SOURCES
We may receive information about you if you use any of the other websites/apps we operate or the other services we provide. In this case, we will inform you when we collect that data and that it may be shared internally and combined with data collected on this App/website. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, advertising networks, analytics providers, and search information providers) and may receive information about you from such sources. We may collect information about you for validation and verification purposes from other sources including through Websites like Facebook, LinkedIn etc. We collect non-personally identifiable information from the App/website visitors to track the total number of visitors to the App/website in aggregate form and identify the type of Internet web browser (e.g., Internet Explorer®) and operating system (e.g., Windows®) used by the visitor. This information allows us continuously to improve our App/website.
DISCLOSURE AND SHARING OF INFORMATION:
1. We do not rent, sell or disclose or share any information that we collect from you, with third parties, save and except to provide you with the Services. Any such disclosure, if made, shall be in accordance with this Privacy Policy and as per the procedure prescribed by law and in compliance with our legal obligations. We may share your Information in circumstances and for the purposes as specified hereunder:
  1. We shall share the information with the third-party service providers/ vendors, to provide you with the Services.
  2. When compelled by law: We may disclose any Information provided by you on the Platform as may be deemed to be necessary or appropriate:
    1. under applicable law, including laws outside your country of residence;
    2. to comply with legal process;
    3. to respond to requests from public and government authorities including public and government authorities including public and government authorities outside your country of residence;
    4. to protect our operations or those of any of our affiliates;
    5. to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others;
    6. to allow us to pursue available remedies or limit the damages that we may sustain; or
    7. to protect against legal liability;
    8. to protect the personal safety of users of the Platform;
    9. to prevent or investigate possible wrongdoing in connection with the Platform.
  3. Merger or Acquisition: We may share Information upon merger or acquisition of the Company with another company. We shall transmit and transfer the Information upon acquisition or merger of the Company with another company.
  4. With our service providers: We may share information with other service providers on a need to know basis, subject to obligations of confidentiality for the provision of Services. We hereby clarify that Company works with institutions, vendors, partners, advertisers, and other service providers, including (but not limited) to those who provide products or services such as contact information verification, website hosting, data analysis, providing infrastructure, information technology services, auditing services and other similar services, in different industries and categories of business by virtue of lawful contracts instituted between such third parties and Company to improve our product and services. Accordingly, we may share your information with such a service provider to provide you with Services
  5. Employees /Agents of the Company: We follow a strict confidentiality policy about the disclosure of confidential information to our employees or other personnel. There may be situations, where we may disclose the confidential information only to those of our employees and other personnel on a need to know basis. Any breach of confidential information by the employees, or personnel within the Company is dealt with stringently by us.
2. Except for the Information disclosed under sub-clause (i), (ii), (iii), (iv) and (v) of Clause 7(a) above, Company may share Information only if you authorize us to do so.
WHERE WE STORE YOUR DATA
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential. We strongly recommend that you do not share your password with anyone and keep it secured at all times. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
TRANSFER OF INFORMATION
1. Your information may be transferred to, and maintained on, computers/secure servers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
2. If you are located outside India and choose to provide information to us, please note that we may transfer the data to India to process the Information.
3. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
4. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your data will take place to an organization or a country unless there are adequate controls in place including the security of your data.
YOUR RIGHTS
1. You can always choose not to provide the requested information to us, it may however result in You not availing of certain features if, or the entire, of our Services. You retain several rights concerning your Sensitive Personal Information as provided under applicable law. These may include the rights to:
  1. access, confirm, and review Sensitive Personal Information you may have provided;
  2. rectify/correct Sensitive Personal Information that may be inaccurate or irrelevant;
  3. deletion and erasure of your Sensitive Personal Information from the publicly available pages of the Platform;
  4. receive Sensitive Personal Information we hold about you in a portable format; v. object to or restrict any form of processing you may not be comfortable with;
2. To exercise these rights, please contact us at the email address provided in Clause 3(c) above. If you want to withdraw your consent or raise any objection to the use of your information for receiving any direct marketing information to which you previously opted-in, you can do so by contacting our customer support at the above-mentioned addresses. If you withdraw/object your consent, our use of your information before you withdrew/objected shall still be lawful.
3. You are free to remove or delete Content from your Account at any point in time. However, there is a strong possibility that copies of public content will be retained indefinitely in our systems, including in cached and archived pages of the App/website, or if other users have copied or saved that information. In addition, due to the nature of internet sharing, copies of your content, including content that you have removed or deleted from your account, may also exist elsewhere on the Internet and be retained indefinitely.
CHILDREN'S POLICY
Our Services are not meant for use by children and we knowingly do not collect Information of/from children. If it comes to our notice that we have collected Information from or of children, we shall take steps to remove such information from our servers. If you believe that we might have any information that may have been collected from a child or has been provided by a child, please write to us at the email id provided in Clause 3(c).
CONTROL THE COLLECTION OR USE OF THE INFORMATION
If you have any reservations, constraints or apprehensions regarding the access to, collection, storage, or any other use of the information which you have provided to us, you may withdraw your consent in the manner as set out in Clause 3(c) above.
RETENTION OF INFORMATION
All Information provided by you, save and except upon withdrawal or termination, shall be retained in locations outside the direct control of the Company (for instance, on servers or databases co-locates with hosting providers). We will delete Information based on a request received from you within a reasonable period and the latest within 90 (ninety) days of receiving a deletion request. However, we may retain such portion of Information and for such periods as may be required under Applicable Law. Notwithstanding anything contained herein, Company may retain data after account deletion for reasons including but limited to the following purposes: If there is an unresolved issue relating to your account, or an unresolved claim or dispute; If we are required to by applicable law; and/or in aggregated and/or anonymized form; or Company may also retain certain information if necessary for its legitimate business interests, such as fraud prevention and enhancing Users safety and security.
COOKIES AND OTHER TRACKING TECHNOLOGIES
1. Our Platform may utilize “cookies” and other Technical Information. The Technical Information helps us analyse web traffic and helps you by customizing the Platform to your preferences. Cookies in no way give us access to your computer or mobile device. Concerning Cookies, you can deny access to the installation of the Cookies by modifying the settings on your web browser, however, this may prevent you from taking full advantage of the Platform.
2. Our use of Cookies and Technical Information allows us to improve the Platform and your experience of the Platform and its Services. We may also analyse Technical Information that does not contain Sensitive Personal Information for trends and statistics.
3. We use two types of cookies on our website- i. “session cookies” - Temporary cookies that remain on your device until you leave the Website. ii. “persistent cookies”. A persistent cookie remains on your device for much longer or until you manually delete it.
THIRD-PARTY SERVICES
We may use your information to send you promotional information about third parties which, we think you may find interesting if you tell us that you wish this to happen. We shall not be responsible for any disclosure of information due to unauthorized third-party access or other acts of third parties or acts or omissions beyond our reasonable control and you agree that you will not hold us responsible for any breach of security unless such breach has been caused as a direct result of our negligence or wilful default. We use support services of third-party platforms and/or companies to direct you to payment gateways when you opt to pay for our Services. Your financial information is collected, stored and retained by such third-party platforms. We and such third-party platforms undertake measures designed to provide a security level that is appropriate to the risks of processing your personal information. However, you are requested to check and consent to the “Privacy Policy” of such third-party platforms to accept how such third-party platforms handle your information.
DATA SECURITY
You agree and accept that your Information may be stored in third-party cloud service infrastructure providers. While all reasonable attempts have been taken from our end to ensure the safe and secure storage of your data, we shall not be liable for any data breach on the part of the third-party cloud service infrastructure provider that was beyond our control. In addition to the security measures put in place by the third-party cloud service infrastructure provider for safe and secure storage of your Information, we use certain physical, managerial, technical or operational safeguards as per industry standards and established best practices to protect the Information we collect. We use reasonable security practices and procedures and use secure servers as mandated under applicable laws for the protection of your Information. We review our information collection, storage, and processing practices, including physical security measures to guard against unauthorized access to systems. However, as effective as these measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the internet. You accept the inherent security implications of data transmission over the internet and the internet cannot always be guaranteed as completely secure. Therefore, your use of the Platform will be at your own risk. If you have any concerns, please feel free to contact us at the details given in Clause 3(c) above.
CHANGES AND UPDATES TO THE POLICY
We may modify or revise the Privacy Policy from time to time and shall accordingly notify you of any changes to the Privacy Policy by posting the revised Privacy Policy on the Platform with an updated date of revision. We shall endeavour to review, revise, update, modify, amend or correct the Privacy Policy on a regular and routine basis, especially whenever a significant update is made to the technology employed by us. You must periodically review the Privacy Policy for the latest information on our privacy practices. In the event you continue to use the Platform and our services after any update in the Privacy Policy, your use of the Platform shall be subject to such an updated privacy policy. Your continued usage of Services posts any amendment would deem to mean that you accept and understand the revised Privacy Policy. Further, we retain the right at any time to deny or suspend access to all, or any part of, the service to anyone who we reasonably believe has violated any provision of this Privacy Policy.
DISCREPANCIES AND GRIEVANCES WITH COMPANY
In case of any discrepancy or grievance concerning all or any Information shared with the Company, please feel free to contact our Grievance Officer:
Attention: Mr Anil Agarwal
Email-ID:contact@incruiter.com
MISCELLANEOUS
1. The invalidity or unenforceability of any part of this privacy policy shall not prejudice or affect the validity or enforceability of the remainder of this privacy policy. This privacy policy does not apply to any information other than the information collected by us through the platform.
2. This privacy policy shall be inapplicable to any unsolicited information you provide us through the platform or any other means. All unsolicited information shall be deemed to be non-confidential and we shall be free to use and/ or disclose such unsolicited information without any limitations.
3. The rights and remedies available under this policy may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. Rights under this policy may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
GOVERNING LAWS AND JURISDICTION
This Privacy Policy, our Services and its use are governed by the laws of India and the courts in Bangalore, India shall have exclusive jurisdiction over any disputes connected to our Platform or the Services.
DISPUTE RESOLUTION
1. Any dispute arising out of or in connection with this agreement, which is not resolved within 21 (Twenty-One) days after the service of a notice by a Party on the other, including any question regarding its existence, validity or termination shall be referred to and finally shall be resolved through arbitration by a sole arbitrator nominated mutually by both parties under the Arbitration and Conciliation Act, 1996 and other applicable provisions thereof.
2. In the event the parties are not able to mutually appoint one arbitrator within 5 days from the commencement of discussion to this effect, each party would appoint one arbitrator who will, in turn, appoint a third arbitrator who would be the chairperson of the tribunal thus constituted.
3. The arbitration proceedings shall be in the English language and shall be held in Bengaluru. iv. The arbitration award shall be final and binding on the Parties.

BY USING THE PLATFORM OR AVAILING THE SERVICES, YOU AGREE TO THIS POLICY. SUBJECT TO APPLICABLE LAWS, THE TERMS OF THIS POLICY (AND ANY CHANGES THERETO) WILL BECOME APPLICABLE TO YOU RETROSPECTIVELY ON AND FROM THE DATE OF YOUR FIRST USE OF THE PLATFORM. IF YOU DO NOT AGREE TO THE TERMS OF THIS POLICY, PLEASE DO NOT USE OUR PLATFORM AND SERVICES.

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