Web Werks India Private Limited.(hereinafter to be referred as “Company” or “we” or “our” or “us”),a company duly incorporated in India provides data centerhosting and ancillary services(“Services”) to its customers.
In the course of providing the Services or in conduct of its business, the Company collects certain personal information from its employees or customers. This privacy policy (“Privacy Policy”) is published in compliance with inter alia:
- Section 43A of the Information Technology Act, 2000 (“IT Act”);
- Regulation 4 of the Information Technology (Reasonable Security Practices andProcedures and Sensitive Personal Information) Rules, 2011 (“SPDI Rules”); and
- Regulation 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Intermediaries Guidelines”).
This Privacy Policy primarily explains: (a) what information we receive from you; (b) how we collect and use that information; (c) how you can provide information selectively, access and update the information; and (d) how we process, share and protect your information.
This Privacy Policy is applicable to all users availing Services, or otherwise providing us information.
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General
YOU CONFIRM THAT YOU HAVE THE CAPACITY TO ENTER INTO A LEGALLY BINDING CONTRACT UNDER INDIAN LAW, EITHER BY YOURSELF OR BY PROVIDING CONSENT AS A LEGAL GUARDIAN, IN PARTICULAR, THE INDIAN CONTRACT ACT, 1872, AND HAVE READ, UNDERSTOOD AND AGREED TO THE PRACTICES AND POLICIES OUTLINED IN THIS PRIVACY POLICY AND AGREE TO BE BOUND BY THE PRIVACY POLICY.
YOUHEREBY CONSENT TO OUR COLLECTION, USE, SHARING, AND DISCLOSURE OF YOUR INFORMATION OR THE INFORMATION OF ANY OTHER PERSON YOU REPRESENT AS A GUARDIAN, AS DESCRIBED IN THIS PRIVACY POLICY. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THE TERMS OF THIS PRIVACY POLICY, AT OUR SOLE DISCRETION, AT ANY TIME, AND ANY CONTINUED USE OF OUR SERVICES BY YOU, FOLLOWING ANY SUCH AMENDMENTS TO THE PRIVACY POLICY, WILL BE DEEMED AS AN IMPLICIT ACCEPTANCE OF THE PRIVACY POLICY IN ITS AMENDED FORM. IF YOU ARE ACCESSING OR USING OUR SERVICESFROM AN OVERSEAS LOCATION, YOU DO SO AT YOUR OWN RISK, AND SHALL BE SOLELY LIABLE FOR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS.
IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY AT ANY TIME, IN PART OR AS A WHOLE,DO NOT USE OUR SERVICES OR OTHERWISE PROVIDE US WITH ANY OF YOUR INFORMATION.
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INFORMATION COLLECTED AND MEANS OF COLLECTION
We may collect the following personal information about you:
If you are a customer, we may collect:
- name, contact number, email address of the authorized person to enable effective and prompt communication;
- details of Government identity documents to allow access to your employees/representatives, to data centers; and
- biometric information of employees/representatives, if required, for enhanced security reasons.
If you are an employee, we may collect
- name, contact details, email address and residential address;
- past employment records;
- bank account details;
- medical condition; or
- Any other information that may be required in the course of employment.
(collectively, “Personal Information”)
Some of the personal information such as financial information, passwords, medical health, physiological condition or biometric information may be classified as sensitive personal data or information (“SPDI”).
The IT Act and the SPDI Rules regulate the collection, usage, retention and disclosure of personal information, which is defined under the SPDI Rules as any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.The SPDI Rules further define sensitive personal data or information of a person as personal information about that person relating to:
You provide all information to us voluntarily. Collection,use and disclosure of Personal Information and SPDI requires your express consent. You are providing us with your consent to our use, collection, and disclosure of the Personal Information and SPDI which belongs to your or any person whom you are authorized to represent.You may choose to not provide us with Personal Information and SPDI, but in the event that you do so, we will be unable to provide our Services.
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USE OF INFORMATION
We use your information for the following purposes:
We will use the information collected for:
- To provide you with the Services and communicate information about usor any new Services, enhanced offerings or programs, by way of mails, phonecalls or SMS, either directly or through our partners;
- To conduct marketing and customer satisfaction surveys either directly or through third parties;
- To evaluate applications for the process of recruitment and other activities in relation to your employment;
- To comply with applicable law;
- To analyse the use of our resources, troubleshooting problems and improving our Services, by using the information regarding your mobile device and software; or
- To investigate, prevent, or take action regarding illegal activities, suspected fraud or situations involving potential threats to the safety of any person, violations of our Terms of Use, misuse of the Website or Services or as otherwise required by law.
(Collectively, the above constitute “thePurposes”).
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DISCLOSURE OF INFORMATION
The Company will not otherwise disclose Personal Information or SPDI unless it has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of the Company, its customers or employees or where the Company has a reason to believe that applicable law requires such disclosure.
The Company also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that the Company stores or transmits for its customers. The circumstances under which the Company will disclose such electronic customer communications are when: it is necessary in order to provide service to the customer; it is necessary to protect the legitimate interests of the Companyor its customers; it is required to cooperate with interception orders, warrants, or other legal process that the Company determines in its sole discretion to be valid and enforceable; and it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by the Company and appear to pertain to the commission of a crime.
The Company disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. The Company will, however, review, delete or block access to communications that may harm the Company, its customers or third parties. The grounds on which the Company may take such action include, but are not limited to, actual or potential violations of Web Werks Acceptable Use Policy which is sent to all customers.
We may disclose your Personal Information and SPDI, as the case may be, to third parties for the purposes set out above, including sharing it with our group companies, investees, potential investors and advisors. We may also disclose your Personal Information and SPDI to law enforcement agencies, as required under applicable law.
Transfer to third parties and outside India
Subject to applicable law, we may at our sole discretion, transfer Personal Information and SPDI to any other body corporate (as defined under the Information Technology Act, 2000) that ensures at least the same level of data protection as is provided by us under the terms hereof, located in India or any other country.
By using our Services, or otherwise providing your information to us,you accept the terms hereof and hereby consent to the storage and processing of Personal Information and SPDI by third parties and in any of location within or outside India. We will make best efforts to ensure that the third party or the location to which the SPDI is transferred affords same level of data protection as would be afforded under Indian law.
Any third party to which we transfer or sell our assets, merge or consolidate with, will have the right to continue to use the Personal Information or SPDI provided to us by you, in accordance with the Terms of Use and this Privacy Policy.
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CHANGES TO YOUR INFORMATION
You may review, correct, update, change or delete your Personal Information or SPDI by writing to us at the contact details specified below. You can delete any part of the Personal Information or SPDI or request us to delete the same, and we will comply with such requests within a reasonable time, unless we are required to keep certain information for legal purposes. You may update your Personal Information orSPDI at any point by writing to us at the details indicated below in the contact section.
We reserve the right to verify and authenticate your identity and your Personal Information in order to ensure accurate delivery of Services. Access to or correction, updating or deletion of your Personal Information or SPDI may be denied or limited by us if it would violate another person’s rights and/or is not otherwise permitted by applicable law.
Customers may opt out of receiving notices of new or upgraded products from the Company or its partners by sending a request to privacy@webwerks.com . In this request to privacy@webwerks.com , customers must identify: service purchased from the Company, domain name (if applicable), contact information, and the date the service was purchased. However, customers may not opt out of receiving information from the Company which is essential for maintaining or updating customers accounts or system information.
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SECURITY AND RETENTION OF INFORMATION
Security of your information
We endeavour to maintain physical, technical and procedural safeguards that are appropriate to protect your information against loss, misuse, copying, damage or modification and unauthorized access or disclosure.
Retention of Information
- We also have measures in place such that your SPDI which is in our possession or under our control, is destroyed and/or anonymized as soon as it is reasonable to assume that: (i) the Purposes for which your SPDI has been collected have been fulfilled; and (ii) retention is no longer necessary for compliance with applicable law or any other reason.
- We may, however, reserve the right to retain and store your Personal Information for our business purposes, whether such Personal Information has been deleted or not. After a period of time, your data may be anonymized and aggregated and then may be held by us as long as necessary, to enable provision of Services or for any other lawful purposes.
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COOKIES AND OTHER TRACKING TECHNOLOGIES
We utilize “cookies” and other tracking technologies, having session or local variables. A “cookie” is a small text file that may be used, for example, to collect information about activity on the Website. Some cookies and other technologies may serve to recall information previously indicated by a user. Most browsers/mobile settings allow you to control cookies, including whether or not to accept them and how to remove them. You may set most browsers/mobile application to notify you if you receive a cookie, or you may choose to block cookies with your browser/mobile applications.
For example, the Company uses cookies on the landing pages of products sold online which record the customer information that is required on the order form. This information is then forwarded to an internal sales tracking database within the Company.
Tracking technologies may record information such as internet domain and host names, internet protocol (IP) addresses, browser software and operating system types, stream patterns, and dates and times that our websiteis accessed as well as your geo-location data as indicated by third party platforms. Our use of cookies and other tracking technologies allows us to improve our websiteand your experience.
At all times, you may refuse all cookies on your browser or mobile application by changing your settings to the extent permissible on your device. However, by doing so, you may not be able to use certain features on the website. You can remove cookies by following directions provided in your mobile’s “help” file or the browser.
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CHANGES TO THE POLICY
We reserve the right to update, change or modify this Privacy Policy at any time. The Privacy Policy shall come to effect from the date of such update, change or modification. If you continue to access or use our Services even after any such changes have been made, it would be deemed to be your implied consent to the changed Privacy Policy.
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CONTACT OUR GRIEVANCE OFFICER
In accordance with the IT Act and the SPDI Rules, the name and contact details of the Grievance Officer are provided below:
Name: Nikhil Rathi
Address: Mumbai
Email: compliance@wwindia.com