Swarnim Partners and Associates owns and manages the website www.swarnimlegal.com (“Website”)
A. Section 43A of the Information Technology Act, 2000 (“IT Act”);
B. Information Technology. (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
C. Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SDPI Rules”)
A. The information we collect;
B. The procedure of collecting and using the information;
C. How the user can selectively provide the information.
D. How we, protect and process the users’ information.
5. If you choose to access or use the Platform from a location outside of India, you assume full responsibility and will be solely accountable for complying with any relevant local laws.
6. We collect various types of information about you, which include User Information, Demographic Information, Behavioral Information, and Indirect Information. This data is collected from offline documents you may give as well as when you utilize Our Platform. These categories of information are defined below and collectively referred to as “Information.”
7. To use Our Platform, you might need to furnish us with specific details such as your name, email address, and mobile number. This set of information is collectively referred to as “User Information.”
8. We may additionally collect User Information when you visit our offices to inquire about or utilize our services, or when you attend seminars/webinars, conferences, or events organized by us. Moreover, if you participate in meetings held at our offices, we may collect User Information that you provide, including details about accessibility and dietary requirements. Some of this User Information may indirectly imply or provide hints about a person’s health or other sensitive data, which may include Personally Identifiable Information (referred to as SPDI). You acknowledge and agree that such information is collected on a temporary basis solely for specified limited purposes, and you consent to our collection of such information.
9. We may collect from you certain information, known as “Demographic Information,” which pertains to selected characteristics of a population rather than being unique to you. This includes details such as age, gender, and current location.
10. We may also collect details pertaining to your mobile device and software. This includes usage statistics, traffic data, your IP address, browser and operating system type, domain names, access times, locations, and specifics about the specific sections of the Platform that you access. This set of information is referred to as “Behavioural Information.”
11. When you utilize specific third-party services on the Platform, we may need to collect the information that is deemed necessary for those particular purposes. This information is referred to as “Indirect Information.”
12. The collection, utilization, retention, and disclosure of personal information are governed by the IT Act and the SPDI Rules. Under the SPDI Rules, personal information is defined as any data that pertains to an individual and has the potential to identify that person, either directly or indirectly, in combination with other information that is currently or likely to be available to a corporate entity.
13. The SPDI Rules also provide a definition for “Sensitive Personal Data or Information” (referred to as SPDI) of an individual, which includes Personal Information pertaining to:
- Financial information such as bank account details, credit card information, debit card information, or other payment instruments.
- Physical, physiological, and mental health conditions.
- Sexual orientation.
- Medical records and history.
- Biometric information.
- Any detail relating to the above categories, as specified in this paragraph, is provided to the corporate entity for service provision.
- Any information received under the aforementioned categories, as specified in this paragraph, by a corporate entity for processing, storage, or processing under a lawful contract or other lawful means.
14. Certain data collected by us may meet the criteria for being classified as Personal Information.
16. If there is a change in the data protection laws in India, you explicitly grant your consent for us to continue utilizing, storing, collecting, and disclosing your Information, including Personal Information, to the maximum extent permissible under the revised laws. In such cases, we may contact you to obtain additional consents and approvals as mandated by the updated legislation, and it will be necessary for you to comply with these requests. If you choose not to provide us with the requested additional consents and approvals, we may be compelled to suspend your access to the Platform.
17. We utilize Your Information for the following objectives:
- Operating and enhancing the Platform to cultivate a favourable user experience and enhance our overall business operations.
- Analyzing data, monitoring trends, constructing algorithms, and establishing databases for rating systems, recommendation engines, and similar purposes.
- Conducting research activities.
- Employing non-targeted measures like frequency capping, compliance, information reporting or delivery, market research, and product development.
- Conducting audits and quality assessment procedures.
- Analyzing the utilization of Our resources and addressing issues related to troubleshooting on the Platform.
- Record keeping, accounting, and compliance with relevant taxation laws.
- Recording information such as dates, times, and locations of accessing Our Platform using various tracking technologies to enhance the Platform and provide you with relevant information based on these records. Disabling tracking technologies by adjusting settings on your smartphone and/or web browser may limit or prevent your ability to fully use the Platform.
- Providing you with regulatory updates that we consider relevant to you.
- Inviting you to seminars, webinars, and workshops that we believe may be of interest to you.
- Complying with applicable laws and regulations.
- Investigating, preventing, or taking action in relation to illegal activities, suspected fraud, potential threats to safety, or as required by law.
- Responding to your inquiries and communicating information to you, including alerts and updates to the Platform.
- Contacting you periodically to gather your valuable feedback on the current state of our Platform and any potential services that may be offered in the future.
- If you prefer not to receive communications from us, including information about the Platform and/or regulatory updates, you can opt-out by sending an email to us at: [email protected]
18. We share Your Information, including Personal Information, with third parties in the following manner:
- Disclosing Your Information, including Personal Information, to companies and individuals who serve as our counterparts, consultants, and advisors in relation to the Platform.
- Disclosing Your Information, including Personal Information, to companies and individuals authorized by us to perform specific functions related to the Platform and/or our business, such as third-party service providers, consultants, professional advisors, and insurers.
- Sharing aggregated information about you with partners, other users of the Platform, and other third parties for the purpose of enhancing the Platform.
- Transferring Information, including Personal Information, to third parties, including entities outside of India, in furtherance of the aforementioned purposes.
- Disclosing Your Information, including Personal Information, if legally obligated to do so, in response to a governmental order or in good faith, to:
- Comply with legal requirements or legal proceedings.
- Safeguard Our Rights or Property.
- Prevent a crime or protect national security.
- Protect the personal safety of users or the general public.
19. The Platform may include links to third-party websites and services (referred to as “Third Party Services”). These services are provided by individuals or companies other than us, and we have no control over them. We are not accountable for any collection or disclosure of your information by such individuals or companies.
20. Additionally, we are not responsible for any loss or damage you may experience as a result of the collection and/or disclosure of your information through Third Party Services. We are not liable for any disputes that may arise from transactions between you and these third parties.
22. If you wish to make any changes to your Personal Information on the Platform, you can send us an email at [email protected] You have the option to review, correct, update, or modify your Personal Information.
23. You can also request the deletion of your Personal Information, and we will comply with such requests within a reasonable timeframe unless we are legally obligated to retain certain information.
24. Please note that if you choose to delete your Personal Information or modify it in a way that cannot be verified by us, or if it results in inaccurate information, it may result in the discontinuation of your access to our Platform.
25. In order to ensure the accurate delivery of services through the Platform, we reserve the right to authenticate and verify your identity and Personal Information.
26. We may deny or limit your access to, or the correction, updating, or deletion of your Personal Information if doing so would infringe upon the rights of another person or is not permitted by applicable law.
27. We strive to implement appropriate physical, technical, and procedural safeguards to protect Your Information from loss, misuse, unauthorized access, disclosure, copying, damage, or modification. We have implemented several security measures, which include:
- Regularly reviewing our information collection, storage, and processing practices, including physical security measures, to prevent unauthorized access to our systems.
- Limiting access to Personal Information to only those of our employees, agents, and service providers who require it for processing purposes. These individuals are bound by strict contractual confidentiality obligations, and any failure to meet these obligations may result in disciplinary action or termination of their relationship with us.
28. However, it is important to note that we cannot be held responsible for any security breaches, actions of third parties, or unforeseen events beyond our reasonable control. These events may include government actions, computer hacking, unauthorized access to computer data and storage devices, computer crashes, security breaches, encryption breaches, and similar occurrences.
29. We will implement measures to ensure that Your Personal Information, which is in Our possession or under Our control, is either destroyed or anonymized within a period of 5 (five) years from the point where it is reasonable to assume that (i) the Purpose for which the Personal Information was collected is no longer being fulfilled by retaining such information and (ii) retention is no longer necessary for any other reasons, including compliance with applicable laws.
31. Nevertheless, We reserve the right to retain, store, and utilize Your Information, including Personal Information, for our legitimate business purposes, regardless of whether such information has been deleted or not. After a certain period of time, Your data may be anonymized and aggregated, and We may retain it as long as necessary to effectively provide our services.
32. Please be aware that withdrawing your consent to the use of Your Personal Information may result in Us being unable to provide you with access to the Platform or terminate any existing relationship that We may have with you.
34. You agree and acknowledge that You will indemnify Us in the event of any lawsuit or dispute initiated by a third party arising from the disclosure of information by You to third parties, whether through Our Platform or any other means. This also includes Your use and access to third-party websites, applications, and resources. We hold no liability for any actions undertaken by third parties concerning Your Information or Personal Information that You may have shared with them.
35. As per the requirements of the Information Technology Act and the applicable rules, we hereby provide the name and contact details of the designated Grievance Officer below:
Ms Anuja Pethia