We understand the importance of your privacy and that you care about how your personal data is used and shared online. We respect the privacy of the data entrusted with / received by us when you visit this website and/or use our service(s).
We are committed to protect your privacy and secure your data of every nature, be it that business data, personal data or service data received in the capacity of a data processor etc., as per International Standard Practices, Information Technology Act, 2000 of India and GDPR. We are also committed to be transparent about the data we collect and how we use it.
Any word of this policy defined under the definition section shall have the meaning provided herein, disregarding any contradictory definitions provided in any other legal/ other documents/ prevailing understanding of common people.
A. GDPR KEY DEFINITIONS:
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of NATURAL PERSONS with regard to the processing of PERSONAL DATA and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
CONSENT means a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the website user’s agreement to the processing of personal data relating to him or her, such as by a written statement, including by electronic means, or an oral statement.
A DATA CONTROLLER is a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data for which and the manner in which any personal data are, or are to be, processed.
A DATA PROCESSOR is a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
General Data Protection Regulation (GDPR)
Predominant objective of this protection is as follows: The processing of personal data should be designed to serve mankind. Natural persons should have control of their own personal data; The right to the protection of personal data is not an absolute right; it must be considered in relation to its function in society and be balanced against other fundamental rights, in accordance with the principle of proportionality.
Processing shall be lawful only if and to the extent that at least one of the following applies: (a) The data subject has given consent to the processing of his or her personal data for one or more specific purposes; (b) Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps on the request of the data subject prior to entering into a contract; (c) Processing is necessary for compliance with a legal obligation to which the controller is subject; (d) Processing is necessary in order to protect the vital interests of the data subject or of another natural person; (e) Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; (f) Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Natural persons may be associated with online identifiers provided by their devices, applications, tools and protocols, such as internet protocol addresses, cookie identifiers or other identifiers such as radio frequency identification tags. This may leave traces which, in particular when combined with unique identifiers and other information received by the servers, may be used to create profiles of the natural persons and identify them.
Personal data means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Karmick Solutions Pvt. Ltd. means M/s. Karmick Solutions Pvt. Ltd. Having its registered office at 116A, Purbalok (Premises No: 1118) Street No: 6th, Kolkata, West Bengal 700099 and all its existing subsidiary / associate companies as of date being September 1999 i.e., http://www.karmicksolutions.com/
And shall include all their successors, acquirers, administrators and executors etc. as may be applicable from time to time and duly updated on this website.
Person Artificial/ Juristic/ Legal Person:
An entity such as a corporation, created by law and given certain duties and legal rights of a human being; a being real or imaginary, who for the purpose of legal reasoning is treated more or less as a human being, but is not a citizen.
A human being.
Service Data is any Personal Data shared by a third party with Karmick Solutions Pvt. Ltd. or with any of its officers or employees, to avail it’s services or during the course of availing Karmick Solutions Pvt. Ltd. services; pertaining to citizens/ residents of any EU based country, that is collected by any third party being the Data Controller. In other words, Service Data is data obtained by Karmick Solutions Pvt. Ltd., as a Data Processor, from any third party and does not have any control over what, why, and how it is being collected or used.
Shall mean all websites as it may exist from time to time of Karmick Solutions Pvt. Ltd.and its officers being the following websites as of September 1999: http://www.karmicksolutions.com/ www.hire-designer.com www.hire-php-programmer.net www.hire-dotnet-programmer.com www.iphone-developer.com www.seo-specialists-india.com www.content-writers-india.com
Websites mentioned in this policy hereinafter shall mean any combination or all of these websites.
This Policy is applicable to whosoever visits Karmick Solutions Pvt. Ltd. website and/ or obtains any Karmick Solutions Pvt. Ltd. services.
GDPR specific privacy measures and features will be available to all Karmick Solutions Pvt. Ltd.customers. However, GDPR specific rights like deletion/modification of stored data, access to collected personal data, etc. shall be legally binding only for PERSONAL DATA collected of NATURAL PERSONS (not a company, partnership or any other kind of Legal Entity) of EU Subjects.
This policy shall not create any legal right for data collected, by Karmick Solutions Pvt. Ltd. or any of its officers or agents, of any LEGAL / ARTIFICIAL PERSON who is not a human being or an EU Subject. (Example of such data: name and the form of the legal person and the contact details of the legal person).
Nothing contained in this policy shall create any right for citizens or residents outside of EU countries regarding data control features like right to obtain collected Personal Data, Right to be Forgotten, Right to update or modify their Personal Data, Right to give consent for collection or share of Personal /Service Data and similar rights which are not explicit rights provided under the Information Technology Act, 2000 of India (IT Act).
All Data control and protection rights for subjects of all other countries except for EU countries shall be governed by IT Act and will be subject to reasonable security measures compliant to industry standard ethical practices.
This Policy shall be legally binding on you and on Karmick Solutions Pvt. Ltd., on different activities one our websites including but not limited to browsing through our websites, on obtaining different services whether paid or free, raising queries, consultations for whatsoever purposes as a click-wrap contract between you and Karmick Solutions Pvt. Ltd.
RIGHTS OF A VISITOR / LICENSEE RIGHT TO ACCESS, RECTIFY and/or DELETE PERSONAL DATA
If you are a Customer / Partner/ an interested party, providing your personal data to Karmick Solutions Pvt. Ltd. through its Website(s), applications or social media connects, blogs, corporate events, etc.; such data being collected for specific purposes mentioned hereunder. Being an EU Subject, you have the right to have access to your personal data provided to Karmick Solutions Pvt. Ltd; and further you have the right to contact [email protected] for rectification or deletion of your personal data, subject to other clauses of this policy; without affecting continuity of Karmick Solutions Pvt. Ltd. business.
Thus, deleting an User does not delete business-specific organization-owned data created and contributed to; by the User including without limitation, knowledge base articles, notes, forum topics/comments, support calls, surveys, canned responses, ticket templates, contacts, companies, tags, conversations in the tickets, comments or details provided on any third-party platform such as social media etc.
Notwithstanding the foregoing, we will retain Service Data that may include your personal data as necessary to comply with our legal obligations, to maintain accurate financial and other records for litigation/defense purposes, resolve disputes, and enforce our agreements.
SHARING PERSONAL DATA
You have full control over your personal data provided to Karmick Solutions Pvt. Ltd. through various means. We will share your personal data with your consent or as necessary to provide any product/ services you have requested or authorized and complete any transaction. We also share data with a third party; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of our products; and to protect the rights or property of Karmick Solutions Pvt. Ltd. and its brand or Intellectual Properties.
In the event an entity belonging to Karmick Solutions Pvt. Ltd. goes through a business transition, such as a merger or acquisition by another company; or sale of all or a portion of its assets, customer’s account, all collected data and service data that may include your personal data; will likely be among the assets transferred. A prominent notice will be displayed on our website to intimate you of any such change in ownership or control; and customers will be notified via an e-mail from [email protected] Nothing contained in this policy shall prevent Karmick Solutions Pvt. Ltd. to enter into any acquisition, merger, sale or any kind of restructuring of its entity(s).
We may share your data with support and technical services, independent third party(s) for consultations, implementation of solutions etc. depending on your services request, only after obtaining your consent regarding the same.
WHAT KIND OF PERSONAL DATA DO WE COLLECT?
When you visit our Websites, Browser Applications etc.; or participate in our events, blogs, contribution pages, social networking pages, surveys; Karmick Solutions Pvt. Ltd. may collect information, which may include your Personal Data. For the purposes of General Data Protection Regulation (GDPR), Karmick Solutions Pvt. Ltd. is the controller for personal data collected through Karmick Solutions Pvt. Ltd. owned systems and not for data collected on a platform owned by any third party, social medias etc.
Different means through which we may collect your personal data for the following legitimate business purposes:
When you enquire about any Service(s) or Product or Partnership we may collect your (i) contact information such as name, e-mail address, mailing address, IP address, geographic location, or phone number, software environment etc. or any combination of such information.
Subject to this Notice and the Terms, we will use such data, including without limitation, (i) send you communication for the Service(s); (ii) assess needs of your business to determine or suggest suitable Service(s); (iii) send you requested information about the Service(s); (iv) respond to customer service questions,concerns and requests.
Sign-up, Billing and Account information
When you sign-up and subscribe to any of our Service(s)/ Trials, Products, we may collect your (i) contact informations such as name, mailing address, e-mail address, phone number or geographic location, IP address of the Account admin; (ii) billing information like billing address, etc; (iii) name and e-mail address when Account Agent(s)/admin provide feedback from within the Service(s); and (iv) unique identifiers, such as username, account number or password.
Subject to this Notice and the Terms, we will use such data, including without limitation, to (i) grant software license and other service(s); (ii) assess needs of your business to determine or suggest suitable service(s); (iii) send you communication from the service(s); (iv) send you requested information about the service(s); (v) respond to customer service requests, questions and concerns; (vi) administer your Account; (vii) send you promotional and marketing communications (where you have requested us to do so).
When a prospect/customer interacts with a Karmick Solutions Pvt. Ltd. support professional, we collect System/Device and Usage data or error reports to detect and resolve problems.
When a customer receives communications from Karmick Solutions Pvt. Ltd., we may use the data to personalize the content of the communication.
When a customer engages with Karmick Solutions Pvt. Ltd. for professional services, we collect the contact data and name of the customer’s designated point of contact and use the information provided by the customer to perform the services that the customer has requested and preserve all telephonic and written conversations for future reference, and such calls, chats, data, or e-mails may be used for development purposes and training for Karmick Solutions Pvt. Ltd. professionals.
When you attend an event conducted by any other third party or us, where we participate or exhibit, including webinars or seminars, we may collect your contact information such as name, e-mail address, company name and designation.
Subject to this Notice, we will use such data, including without limitation, to (i) assess needs of your business to determine or suggest suitable Service(s); (ii) respond to your questions and concerns ; (iii) send you promotional and marketing communications (where you have requested us to do so); and (iv) send you requested information about the Service(s).
Apart from the aforementioned information collected by us, we automatically receive and record certain Personal Data of yours when you visit our Website. This includes IP address, device model, the type of browser being used, usage pattern through cookies and browser settings. We also collect scrolls, clicks, conversion and drop-off on our Websites and Service(s) to render user journey at real-time. Subject to this Notice, we will use such data, including without limitation, to (i) assess needs of your business to determine or suggest suitable Service(s); (ii) respond to customer service requests, questions and concerns; (iii) send you requested information about the Service(s);(iv) for analytical purposes.
We may post your testimonials/comments/reviews on our Websites which may contain your Personal Data. Prior to posting the testimonial, we will obtain your consent to post your name along with the testimonial. If you want your testimonial removed, please contact us at [email protected]
We may use your e-mail address, collected which may fall in to the category of Personal Data, to send marketing communications about our products and services and our newsletters. Where you have so requested, we will also send you marketing communications about our third-party partners. If you no longer wish to receive these communications, you can opt out by following the instructions contained in the e-mails you receive or by contacting us at [email protected]
Job Portal/ Partnership Forms
We may store and use your personal data, required for selection of your candidature for any job opening at our organization and may use the same to contact you for such purposes only as it will be specified at the time of filling up any candidature form.
CHILDREN'S PERSONAL DATA
Karmick Solutions Pvt. Ltd. does not knowingly collect any Personal Data from children under the age of 16. If you are under the age of 16, please do not submit any Personal Data through our Websites. If you have reason to believe that a child under the age of 16 has provided Personal Data to us through our Websites, please contact us and we will delete such personal information and terminate the child's account from our databases.
SECURITY AND STORAGE
The Karmick Solutions Pvt. Ltd. websites have industry standard security measures in place to protect the loss, misuse, and alteration of the information under our control. While there is no such thing as “perfect security” on the Internet, we will take all reasonable steps to ensure the safety of your information. Additionally, you retain all rights of ownership to the data you have stored with Karmick Solutions Pvt. Ltd. We will not share or sell this data with any third parties or use this data to advertise to your clients or compete with you. Your and your client’s privacy are of utmost importance to us. Some general measures that we have taken for security of your personal data per ISO 27001 guidelines.
WHAT IS OUR LEGAL BASIS FOR PROCESSING PERSONAL DATA
If you are a visitor of Karmick Solutions Pvt. Ltd.website, our legal basis for collecting and using the Personal Data described above will depend upon the Personal Data concerned and the specific context in which we collect it.
However, we will normally collect Personal Data from you only where we need the Personal Data to perform a contract with you, or where the processing is in our legitimate interests or rely upon your consent where we are legally required to do so and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Data from you or may otherwise need the Personal Data to protect your vital interests or those of another person.
If we ask you to perform a contract with us or to provide Personal Data to comply with a legal requirement, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as of the possible consequences if you do not provide your Personal Data).
Similarly, if we collect and use your Personal Data in reliance of our legitimate interests or those of any third-party, we will make clear to you what those legitimate interests are at the relevant time.
If you need further information or have questions about concerning the legal basis on which we collect and use your personal data, please e-mail us at [email protected]
LINKS TO THIRD-PARTY SITES
Our website contains links to other websites that are not limited to but may be of our end customers, partners, advertisements etc. that are not owned or controlled by Karmick Solutions Pvt. Ltd. Please be aware that we are not responsible for the privacy practices of such other websites or third parties. We encourage you to be aware that when you leave our website to read the privacy policies of that third-party website to understand their data retention, collection, and process policy.
Amendments to this Notice will be directly updated on this page and will be effective as may be notified. If we make any material changes, we will notify you by means of a notice on this Website prior to the change becoming effective and if you are our Partner/Licensee, via e-mail (specified in your Account). Provided we will not be notifying you if we amend the Notice to make addition, deletions or modifications to the list of cookies from time to time to keep the list of cookies accurate and current. You should frequently visit this Notice to check for amendments. Your continued use of our Service(s) or Website or the following the posting of any amendment, change or modification of this Notice shall constitute your acceptance of the amendments to this Notice. You can choose to discontinue the use of Service(s) or the website, if you do not accept the terms of this Notice, or any modified version of this Notice.
DATA RETENTION POLICY
We will retain your information for as long as your account is active or as needed to provide you with our services. We will use and retain your information as necessary to resolve disputes, comply with our legal obligations, and enforce our agreements.
Rights of European Union Country Specific Citizens/ Residents (EU Subjects):
If you are a citizen or resident of European Union (EU) based countries; then you have the right to ask Karmick Solutions Pvt. Ltd. for your personal data collected by it, by writing to us at: [email protected]
You have the right to raise tickets for objection or grievance redressal, if there is any collection of data by Karmick Solutions Pvt. Ltd.’ officers, agents, or employees, which is believed to be of personal nature and does not serve any justifiable purpose for which you have been requested to provide the same.
You have the right to modify or delete any part or your entire personal data collected by Karmick Solutions Pvt. Ltd. subject to other provisions of this Policy.
You have the right to be forgotten, with all your personal data footprints kept with Karmick Solutions Pvt. Ltd. in whatsoever manner, if so opted by you. However, no data required for enforcement of our legal rights, obligations, legal proceedings, protection of our IP rights or protection against any claims shall be deleted and such purposes of data retention shall be clarified by Karmick Solutions Pvt. Ltd., if it is requested for.
Third-Party Data Processor of Karmick Solutions Pvt. Ltd.: Karmick Solutions Pvt. Ltd.may share your data with third-party organizations listed below as of date and may be updated from time to time. We may share your data with only those third-party entities, which have declared to be GDPR compliant and maintains a similar data protection policy:
These rights are exclusively available for EU country specific subjects either being a citizen/ resident of such countries, and not for residents/citizens of any other country not protected under GDPR guidelines.
We will report any unlawful data breach of this website’s database or the database(s) of any of our third-party data processors to all or any relevant person and authorities within 72 hours of the breach if it is apparent that personal data stored in an identifiable manner has been stolen.
RESOLVING GRIEVANCES PERTAINING TO PERSONAL DATA PROTECTION OF NATURAL PERSONS
If you want to update or delete your data, face any difficulty in availing any of the data control features or have any other related grievances, please write to us at [email protected]