PRIVACY POLICY
PRIVATE AND CONFIDENTIAL - FOR CLIENT USE
AND DISCUSSION ONLY
PRIVACY
POLICY
Last updated as of___ December 2021
Welcome to MONISA ENTERPRISE’s Privacy Policy
The creator of this Privacy Policy ensures a steady commitment to Your
privacy with regard to the protection of your invaluable information that you
may share across this Portal. This privacy policy contains information about the Portal.
To provide You with Our uninterrupted use of the Portal, We may collect and, in some circumstances, disclose
information about you with your permission. To ensure better protection of Your
privacy, We provide this notice explaining Our
information collection and disclosure policies, and the choices You make about
the way Your information is collected and used.
Index:
·
Personal Information
·
Information We Collect
·
Our Use Of Your Information
·
How Information Is
Collected
·
External Links on The Platform
·
Cookies Policy
·
Google Analytics
·
Google Adsense
·
Your Rights
·
Compliances
·
Confidentiality
·
Other Information
Collectors
·
Our Disclosure of Your
Information
·
Accessing, Reviewing
and Changing Your Profile
·
Security
·
Severability
·
Amendment
·
Consent Withdrawal,
Data Download & Data Removal Requests
·
Contact Us
This
Privacy Policy shall be in compliance with the General Data Protection
Regulation (GDPR) in effect from May 25, 2018, and any and all provisions that
may read to the contrary shall be deemed to be void and unenforceable as of
that date. If you do not agree with the terms and conditions of our Privacy
Policy, including in relation to the manner of collection or use of your
information, please do not use or access the Site. If you have any questions or
concerns regarding this Privacy Policy, you should contact our Customer Support
Desk at “____________”.
ANY CAPITALIZED WORDS USED HENCEFORTH SHALL HAVE THE
MEANING ACCORDED TO THEM UNDER THIS AGREEMENT. FURTHER, ALL HEADING USED
HEREIN ARE ONLY FOR THE PURPOSE OF ARRANGING THE
VARIOUS PROVISIONS OF THE AGREEMENT IN ANY MANNER. NEITHER THE FREELANCER NOR
THE CREATORS OF THIS PRIVACY POLICY MAY USE THE HEADING TO INTERPRET THE
PROVISIONS CONTAINED WITHIN IT IN ANY MANNER.
INFORMATION WE COLLECT
We are committed to respecting Your online privacy. We
further recognize Your need for appropriate protection and management of any
Personal Information You share with us. We may collect the following
information:
a.
Personal data
including but not limited to Name, Phone Number, Email ID, Address and Bank Account details.
b.
Information collected
through permission derived by the Portal for Location access, and storage
permissions etc.
c. Tracking Information
such as, but not limited to the IP address of your device and Device ID when
connected to the Internet. This information may include the URL that you just
came from (whether this URL is on the Portal or not), which URL you next go to
(whether this URL is on the Portal or not), your computer or device browser
information, and other information associated with your interaction with the Portal;
d.
Details of Portal usage for analytics.
This privacy policy also applies to data we collect
from Freelancers who are not registered as members of this Portal, including,
but not limited to, browsing behaviour, pages viewed etc. We also collect and
store personal information provided by You from time to time on the Portal. We
only collect and use such information from you that we consider necessary for
achieving a seamless, efficient and safe experience, customized to your needs
including:
a. To enable the provision of services opted for by
you;
b. To enable the viewing of content in your
interest;
c. To communicate the necessary account and
service-related information from time to time;
d. To allow you to receive quality customer care
services and data Collection;
e. To comply with applicable laws, rules and
regulations;
Where any service requested by You involves a third
party, such information as is reasonably necessary by the Firm to carry out
Your service request may be shared with such third party. We also do use your contact information to send
you offers based on your interests and prior activity and also to view the
content preferred by you. The Firm may also use contact information internally
to direct its efforts for service improvement but shall immediately delete all
such information upon withdrawal of your consent for the same through the ‘unsubscribe’
button or through an email to be sent to “____________”.
To the extent possible, we provide You with the option
of not divulging any specific information that you wish for us not to collect,
store or use. You may also choose not to use a particular service or feature on
the Portal and opt-out of any non-essential communications from the Portal.
Further, transacting over the internet has inherent
risks which can only be avoided by you following security practices yourself,
such as not revealing account/login related information to any other person and
informing our customer care team about any suspicious activity or where your
account has/may have been compromised.
OUR USE OF YOUR INFORMATION
The information provided by you shall be used to
provide and improve the service for you and all Freelancers.
a.
To provide you with
services on your request.
b.
For maintaining an
internal record.
c.
For enhancing the
Services provided.
d.
For maintaining
record under the legal and statutory provisions.
For more details about the nature of such
communications, please refer to our Terms of Service. Further, your data and
Sensitive Personal data may be collected and stored by Us for internal record.
We use Your tracking
information such as IP addresses, and or Device ID to help identify you and to
gather broad demographic information and make further services available to you.
We will not sell, license or trade Your personal
information. We will not share your personal information with others unless
they are acting under our instructions or we are required to do so by law.
Information collected via Our server logs includes Freelancers'
IP addresses and the pages visited; this will be used to manage the web system
and troubleshoot problems. We also use third-party analytics, tracking,
optimization and targeting tools to understand how Freelancers engage with our Portal
so that we can improve it and cater personalized content/ads according to their
preferences.
HOW INFORMATION IS COLLECTED
Before or at the time of collecting personal
information, we will identify the purposes for which information is being
collected. If the same is not identified to you, you have the right to request
the Firm to elucidate the
purpose of collection of said personal information, pending the fulfilment of which you shall
not be mandated to disclose any information whatsoever.
We will collect and use your personal information
solely to fulfil those purposes specified by us, within the scope of the
consent of the individual concerned or as required by law. We will only retain
personal information as long as necessary for the fulfilment of those purposes.
We will collect personal information by lawful and fair means and with the
knowledge and consent of the individual concerned.
Personal data should be relevant to the purposes for
which it is to be used, and, to the extent necessary for those purposes, should
be accurate, complete, and up-to-date.
EXTERNAL LINKS ON THE PLATFORM
The Portal may include advertisements, hyperlinks to
other Portals or resources. We have no control over any other Portal or
resources or contents available on these other Portals, which are provided by
companies or persons other than Us. You acknowledge and agree that we are not
responsible for the availability of any such external sites or resources, and
do not endorse any advertising, services/services or other materials on or
available from such Portal or resources. You acknowledge and agree that We are
not liable for any loss or damage which may be incurred by you as a result of
the availability of those external sites or resources, or as a result of any
reliance placed by you on the completeness, accuracy or existence of any
advertising, services or other materials on, or available from, such Portals.
These external third-party Portals and resource providers may have their
privacy policies governing the collection, storage, retention and disclosure of
Your Personal Information that You may be subject to. We recommend that you
enter the Portal and review its privacy policy.
COOKIES
A cookie is a small file
of letters and numbers that we store on your browser or the hard drive of your
computer if you agree. By continuing to browse the site, you are agreeing to
our use of cookies. Cookies contain information that is transferred to your
computer’s hard drive. You can set your browser to refuse all or some browser
cookies, or to alert you when Portals set or access cookies. If you disable or
refuse cookies, please note that some parts of this Portal may become
inaccessible or not function properly. A list of the type of cookies we use is
as follows;
1.
Strictly necessary
cookies. These
are cookies that are required for the operation of our Portal. They include,
for example, cookies that enable you to log into secure areas of our Portal,
use a shopping cart or make use of e-billing services.
2.
Analytical/performance
cookies. They
allow us to recognize and count the number of visitors and to see how visitors
move around our Portal when they are using it. This helps us to improve the way
our Portal works, for example, by ensuring that Freelancers are finding what
they are looking for easily.
3.
Functionality cookies. These are used to
recognize you when you return to our Portal. This enables us to personalize our
content for you, greet you by name and remember your preferences (for example,
your choice of language or region).
4.
Targeting cookies. These cookies
record your visit to our Portal, the pages you have visited and the links you
have followed. We will use this information to make our Portal and the
advertising displayed on it more relevant to your interests. We may also share this
information with third-parties for this purpose.
Please note that
third-parties (including, for example, advertising networks and providers of
external services like web traffic analysis services) may also use cookies,
over which we have no control. These cookies are likely to be
analytical/performance cookies or targeting cookies. You can block cookies by
activating the setting on your browser that allows you to refuse the setting of
all or some cookies. However, if you use your browser settings to block all
cookies (including essential cookies) you may not be able to access all or
parts of our Portal.
GOOGLE ANALYTICS
We use Google Analytics to help us to understand how
you make use of our content and work out how we can make things better. These
cookies follow your progress through us, collecting anonymous data on where you
have come from, which pages you visit, and how long you spend on the site. This
data is then stored by Google to create reports. These cookies do not store
your personal data.
The information generated by the cookie about your use
of the Portal, including your IP address, may be transmitted to and stored by
Google on servers in the United States. Google may use this information for the
purpose of evaluating your use of the Portal, compiling reports on Portal
activity for us and providing other services relating to Portal activity and
internet usage. Google may also transfer this information to third parties
where required to do so by law, or where such third parties process the
information on Google's behalf. Google will not associate your IP address with
any other data held by Google. By using this Portal, you consent to the
processing of data about you by Google in the manner and for the purposes set
out above.
The Google Portal contains further information about
Analytics and a copy of Google's privacy policy pages.
GOOGLE ADSENSE
Google
AdSense is a tool that allows Portal publishers to deliver advertisements to
site visitors in exchange for revenue calculated on a per-click or
per-impression basis. To do this, Google uses cookies and tracking
technology to deliver ads personalized to a Portal Freelancer/visitor.
In this regard the following terms are specified to the Freelancers:
a.
Third-party
vendors, including Google, use cookies to serve ads based on your prior visits
to our Portal or other Portals.
b.
Google's
use of advertising cookies enables us and our partners to serve advertisements
to you based on their visit to our Platform and/or other Portals on the
Internet.
c.
You may
opt-out of personalized advertising by visiting Ads Settings.
d.
All
advertisements of third parties on our Portal are for informative purposes only
and neither the Portal nor the Firm guarantees or bears liability for the
authenticity of the advertisements.
e.
At no
point will the Firm permit its competitors to advertise on the Portal.
f.
You may
visit the links in the advertisements at your own risk or choose to not accept
the cookies permitting third parties to display their advertisements.
Unless subject to an
exemption, you have the following rights concerning your data:
a.
The right to request
a copy of your data which we hold about you;
b.
The right to request
for any correction to any personal data if it is found to be inaccurate or out
of date;
c.
The right to withdraw
Your consent to the processing at any time;
d.
The right to object
to the processing of personal data;
e.
The right to complain
about a supervisory authority.
f.
The right to obtain
information as to whether personal data are transferred to a third country or
an international organization.
Where you hold an
account with any of our services, you are entitled to a copy of all personal
data which we hold concerning you. You are also entitled to request that we
restrict how we use your data in your account when you log in.
COMPLIANCES
a.
Indian Compliances
i.
This legal agreement is
an electronic record in terms of the Indian Information Technology Act, 2000
and rules there under as applicable and the amended provisions about electronic
records in various statutes as amended by the Indian Information Technology
Act, 2000. This electronic record is generated by a computer system and
does not require any physical or digital signatures.
ii.
This legal document is
published in accordance with the provisions of Rule 3 (1) of the Indian
Information Technology (Intermediaries guidelines) Rules, 2011 and Rule
4 of the Information Technology (Reasonable security practices and
procedures and sensitive personal data or information) Rules, 2011 of Information
Technology Act, 2000 amended through Information Technology Amendment
Act, 2008 that require publishing the Terms of Use and practices for access
and usage of any functional Portal.
b.
GDPR Privacy Rights
The General Data Protection Regulation or GDPR gives certain rights to
individuals in relation to their personal data. Accordingly, we are happy to
offer transparency and access controls to help Freelancers take advantage of
those rights. As available, except as limited under applicable law, the rights
afforded to individuals are:
i.
Right of access- the right to be informed of, and request access to, the
data we process about you,
ii.
Right to rectification – the right to request that we amend or update
your data where it is inaccurate or incomplete,
iii.
Right to erasure- the right to request that we delete your data,
iv.
Right to restrict – the right to request that we temporarily or
permanently stop processing all or some of your personal data,
v.
Right to object – the right to object to us processing your personal
data on grounds relating to your particular situation. Along with the right to
object to your personal data being processed for direct marketing purposes,
vi.
Right to data portability – the right to request a copy of your personal
data in electronic format and the right to transmit that personal data for use
in another part’s service,
vii.
Right not to be subject to automated decision-making, the right to not
be subject to a decision based solely on automated decision making, including
profiling, where the decision would have a legal effect on you or produce a
similarly significant effect.
CONFIDENTIALITY
You further acknowledge that the Portal may contain
information that is designated confidential by us and that you shall not
disclose such information without our prior written consent. Your information
is regarded as confidential and therefore will not be divulged to any third
party, unless if legally required to do so to the appropriate authorities. We
will not sell, share, or rent your personal information to any third party or
use your e-mail address for unsolicited mail. Any emails sent by us will only
be in connection with the provision of agreed services, and you retain sole
discretion to seek for discontinuation of such communications at any point in
time.
OTHER INFORMATION COLLECTORS
Except as otherwise expressly included in this Privacy
Policy, this document only addresses the use and disclosure of information we
collect from you. To the extent that you disclose your information to other
parties, whether they are on our Portal or other sites throughout the Internet,
different rules may apply to their use or disclosure of the information you
disclose to them. To the extent that we use third party advertisers, they
adhere to their privacy policies. Since we do not control the privacy policies
of the third parties, you are subject to ask questions before you disclose your
personal information to others.
OUR DISCLOSURE OF YOUR
INFORMATION
We may host surveys for survey creators for our Portal
who are the owners and Freelancers of your survey responses. We do not own or
sell your responses. Anything you expressly disclose in your responses will be
disclosed to survey creators. Please contact the survey creator directly to
better understand how they might share your survey responses.
Information
collected will not be considered as sensitive if it is freely available and
accessible in the public domain or is furnished under the Right to Information
Act, 2005, any rules made thereunder or any other law for the time being in
force.
Due to the existing regulatory environment, we cannot
ensure that all of your private communications and other personally
identifiable information will never be disclosed in ways not otherwise
described in this Privacy Policy. By way of example (without limiting and foregoing),
we may be forced to disclose information to the government, law enforcement
agencies or third parties. Therefore, although we use industry-standard
practices to protect your privacy, we do not promise, and you should not
expect, that your personally identifiable information or private communications
would always remain private. We do however assure you that any disclosure of
your personally identifiable information shall be personally intimated to you
through an email sent to your provided email address.
As a matter of policy, we do not sell or rent any
personally identifiable information about you to any third party. However, the
following describes some of the ways that your personally identifiable
information may be disclosed:
a. External Service Providers: There may be several
services offered by external service providers that help you use our Portal. If
you choose to use these optional services, and in the course of doing so,
disclose information to the external service providers, and/or permit them to
collect information about you, then their use of your information is governed
by their privacy policy.
b. Law and Order: We cooperate with law enforcement
inquiries, as well as other third parties to enforce laws, such as intellectual
property rights, fraud and other rights. We can (and you authorize us to)
disclose any information about you to law enforcement and other government
officials as we, in our sole discretion, believe necessary or appropriate, in
connection with an investigation of fraud, intellectual property infringements,
or other activity that is illegal or may expose us or you to legal liability.
ACCESSING, REVIEWING
AND CHANGING YOUR PROFILE
You can review and
change the information you submitted except Email ID. An option for
facilitating such change shall be present on the Portal and such change shall
be facilitated by the Freelancer. If you change any information, we may or may
not keep track of your old information. We will not retain in our files
information you have requested to remove for certain circumstances, such as to
resolve disputes, troubleshoot problems and enforce our terms and conditions.
Such prior information shall be completely removed from our databases,
including stored ‘back up’ systems. If you believe that any information, we are
holding on to you is incorrect or incomplete, or to remove your profile so that
others cannot view it, the Freelancer needs to remediate, and promptly correct
any such incorrect information.
SECURITY
We treat data as an asset that must be protected
against loss and unauthorized access. We employ many different security
techniques to protect such data from unauthorized access by members inside and
outside the Firm. We follow generally accepted industry standards to protect
the Personal Information submitted to us and information that we have accessed.
However, as effective as encryption technology is, no
security system is impenetrable. Our Firm cannot guarantee the security of
our database, nor can we guarantee that information you provide won’t be
intercepted while being transmitted to the Firm over the Internet.
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 not affect the remaining paragraphs of
this privacy policy.
AMENDMENT
Our Privacy Policy may change from time to time. The
most current version of the policy will govern our use of your information and
will always be on the Portal. Any amendments to this Policy shall be deemed as
accepted by the Freelancer on their continued use of the Portal.
CONSENT WITHDRAWAL, DATA DOWNLOAD & DATA REMOVAL
REQUESTS
To withdraw your consent, or to request the download
or delete your data with us for any or all our services at any time, please
email to “__________”.
CONTACT US
If you have any questions or concerns regarding
this privacy policy, you should contact us by sending an e-mail to “_______________” or by writing to us at:
M/s
MoniSa Enterprise Private Limited
C/o Pushapa
Devi, Bhati Vihar,
Gorakhpur, Uttar Pradesh,
India.