The term "Sensitive Personal Data or Information" in this Policy refers to personal information which does and/or is capable of identifying You as an individual. The types of Sensitive Personal Data or Information that We may collect consist of following personal information relating to You:
Most of the Sensitive Personal Data or Information We collect is the data or information that is willfully and knowingly provided to us by You. However, in some instances, We collect Sensitive Personal Data or Information about You, based on our inferences about You, from other information provided to us by You or on our interactions with You or on such personal information about You that We receive from a third party with Your knowledge.
We will obtain Your permission in writing through a letter or fax or email ("Consent") before collecting Your Sensitive Personal Data or Information with respect to the purpose of usage of such data or information. If You give Your Consent, it means You have done so freely and voluntarily and agree to this Policy. You always have the right to refuse or withdraw Your Consent for the Sensitive Personal Data or Information sought to be collected or withdraw Your Consent given earlier to us. We will always respect such a refusal or withdrawal, but it might mean that We are unable to perform all services, arrangements or contracts with You and will have the option to discontinue the same. We will inform You of these inabilities, if they occur. However, We reserve the right to retain such Sensitive Personal Data or Information as may be necessary for providing our pending services to You and in accordance with this Policy.
We will while collecting Sensitive Personal Data or Information directly from You take such reasonable steps to ensure that You are aware of the:
We respect Your privacy rights, therefore, L&Y will observe the following guidelines when collecting, receiving, possessing, using, processing, recording, storing, transferring, dealing, handling, and disclosing:
The primary purposes for collection, storage and/or use of Sensitive Personal Data or Information is for:
We also use logging systems on our internal network to register the use of your computer systems. This is done for the purpose of ensuring the performance, integrity and security of these systems. We have also contracted with third parties to track and analyze anonymous usage and volume statistical information from our visitors and members for research purposes. Such information is shared externally only on an anonymous, aggregated basis. Such third parties use persistent cookies to help us to improve the visitor experience, to manage our Website content, and to track visitor behavior. All data or information collected by such third party on our behalf is used solely by or on behalf of L&Y and is shared externally only on an anonymous, aggregated basis.
We will make best efforts to do so but do not warrant that any of the websites or any affiliate site(s) or network system linked to our Website is free of any operational errors nor do We warrant that our Website will be free of any virus, computer contaminant, worm, or other harmful components. Our Website contains links to other sites which are not owned or operated by L&Y. L&Y is not responsible and makes no guaranty for the privacy practices or the content of such websites. These links are provided only as a convenience to You. Neither, L&Y nor any of its affiliates are responsible for the availability of such third party websites or their contents. L&Y will not be liable for Your Sensitive Personal Data or Information transmitted over networks accessed by You of the sites or otherwise connected with Your use of the services. You understand, acknowledges and agree that neither L&Y nor any of its affiliates are responsible or liable, directly or indirectly, for any damage or loss of any sort caused in connection with your use of or reliance on any content of any such site or services available through any such site.
You acknowledge that the services, content, site and/ or any software are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose. Although L&Y has taken adequate safeguard and in case of any breach L&Y shall take action to remedy such breach. In addition to taking all the reasonable precautions as required under law, L&Y expressly disclaims any and all warranties, express or implied, including, without limitation: (i) The services and/ or software will be free of all viruses and hacking. (ii) The software will work on all mobile phones, will be compatible with all mobile phone networks and/or will be available in all geographical areas. (iii) Any service will be uninterrupted, timely, secure or error-free for any reasons whatsoever including but not limited to overload / breakdown of receiving network, servers or applications; system failures out of the L&Y's control or due to heavy traffic on network".
If L&Y wishes or is required to disclose the Sensitive Personal Data or Information collected from You to any Third Party, We will ask for Your prior Consent except when such disclosure has been agreed in the contract between L&Y and You or it is necessary to comply with a legal obligation or it is to be shared with Government agencies or to be disclosed to any third party by an order under law. L&Y will transfer, with Your Consent, the Sensitive Personal Data or Information to any other Third Party in India or overseas, that ensures the same level of data protection that is adhered to by L&Y as setout herein for fulfilling any contractual obligation.
We will disclose or transfer Your Sensitive Personal Data or Information in accordance with this Policy and all applicable legal requirements. Your Sensitive Personal Data or Information will be disclosed or transferred, as may be required from time to time, as follows:
We seek to ensure compliance with the requirements of the IT Act to ensure the protection and preservation of Your privacy, therefore We take appropriate security measures to protect Your Sensitive Personal Data or Information against unauthorized access, alteration, disclosure or destruction. We have a number of physical, electronic, and procedural safeguards/measures in place to actively protect the confidentiality, security, and integrity of Your Sensitive Personal Data or Information, including a comprehensively documented information security programme and a strict security policy that contains managerial, technical, operational and physical security control measures for protecting such data or information. We have implemented standard or code of best practices for data or information protection.
We limit access to Your Sensitive Personal Data or Information to members of our team/employees of L&Y/Third Parties who We believe reasonably need to come into contact with that information for the purpose of performing their duties. We have strict confidentiality obligations that apply to such members/employees of L&Y/Third Parties. Failure to meet these obligations may result in disciplinary and other actions, including dissolution of a contract, termination of employment and criminal prosecution.
We are aware of the importance of timely destruction of Sensitive Personal Data or Information. We ensure that Your Sensitive Personal Data or Information is not stored/retained for a longer period than necessary for the purpose for which it was collected, used or processed or as provided in our contracts except when there is a legal obligation to do so under any law. It is our practice to destroy Your Sensitive Personal Data or Information as soon as possible after it is no longer necessary for the purpose for which it was collected, used or processed save and except as stated hereinabove.
You may by a written request review the Sensitive Personal Data or Information provided by You. We will ensure that any Sensitive Personal Data or Information about You which is found to be inaccurate or deficient shall be corrected or amended as may be feasible.
You expressly state that Sensitive Personal Data or Information provided by You to us is correct and complete in all respects and does not contain any false, distorted, manipulated, fraudulent or misleading facts. We expressly disclaim any liability arising out of the said data or information provided by You to us. Further, You expressly agree that We are not responsible for the accuracy and authenticity of such data or information provided by You to us and You agree to indemnify L&Y for all losses incurred by L&Y due to any false, distorted, manipulated, defamatory, libelous, vulgar, obscene, fraudulent or misleading facts made by You to L&Y.
Incase of any discrepancies or grievances with regard to the processing of Your Sensitive Personal Data or Information, please contact our customer support center at [________]. Further on receipt of any concerns or complaints the Grievance Officer will employ all commercially reasonable efforts to address the same within one (1) month of receipt of same.
All L&Y affiliates/group companies will ensure that this Policy is observed. All employees/staff of L&Y and Third Parties who have access to Sensitive Personal Data or Information are required to comply with this Policy. In some countries, violations of data protection regulations may lead to penalties and/or claims for damages from the individuals who are adversely affected.
All Third Parties shall only process the Sensitive Personal Data or Information in accordance with L&Y's instructions or make decisions regarding such data or information as part of the delivery of their services. In either instance, L&Y will select reliable Third Parties who undertake, by contract or other legally binding and permissible means, to put in place appropriate technical and organizational security measures to ensure an adequate level of protection of such data or information. L&Y will require Third Parties to comply with this Policy or to guarantee the same levels of data protection that is adhered to by L&Y when handling/processing such data or information. Such selected Third Parties will have access to such data or information solely for the purposes of performing the services specified in the applicable service contract and are legally and contractually bound to maintain the privacy of such data or information shared with them and will not disclose it further. If L&Y concludes that a Third Party is not complying with these obligations, it will promptly take appropriate actions to remedy such non-compliance or implement necessary sanctions.
Additionally, our team members/employees/staff are bound by internal confidentiality policies. Any team member/employee/staff found to have violated this Policy or any other policies will be subject to disciplinary action, up to and including termination of employment including penalties under applicable laws.
All Third Parties and our team members/employees/staff do hereby specifically agree that he/she/it shall, at all times, comply with the requirements of the IT Act, while collecting, receiving, possessing, using, processing, recording, storing, transferring, dealing, handling and disclosing Sensitive Personal Data or Information. The said Third Parties and team members/employees/staff do further unequivocally declare that in case he/she/it violates any provisions of the IT Act, he/she/it shall alone be responsible for all his/her/its acts, deeds and things and that he/she/it alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.
L&Y reserves the right to update, change or modify this Policy, from time to time, without prior notification. The policy shall come into effect from the date of such update, change or modification.
We will inform You regarding any such changes by updating this Policy and will post all changes to the Policy on relevant internal and external websites.
Effective with the implementation of this Policy, applicable L&Y privacy guidelines or practices relating to the processing of Sensitive Personal Data or Information will be superseded by the terms of this Policy and modified accordingly. All parties to any such agreements will be notified of the effective date of implementation of the Policy.
If any of the terms or definitions used in this Policy are ambiguous, the definitions established under the IT Act shall apply.