Privacy Policy

Last Updated on Oct 2021

1. Introduction

Your privacy is important to us. Linkites Infotech Pvt Ltd and its group companies hereinafter referred as ‘Linkites,’ is committed to respect your privacy while using our website. This Linkites Data Privacy Policy (“Policy”) defines the requirements to ensure compliance with the applicable data privacy laws and regulations applicable to Linkites’s collection, use, and transmission of Personal Data and Sensitive Personal Data for information collected by us about you.

Protecting the privacy rights of data subjects and safeguarding their Personal Data is now being treated as a basic right of an individual and a legal requirement in many parts of world. Linkites, being a global organization, respects the privacy of data subjects and is committed to complying with the applicable data privacy laws and legislations (including but not limited to EU General Data Protection Regulation 2016/679, California Consumer Privacy Act, The Privacy Act 1988 (Australia) including the Australian Privacy Principles (APP), Data Protection Act 2018 (UK), Information Technology Act 2000 read along with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and Personal Data Protection Act 2012 (Singapore) and other applicable privacy laws to the extent that they apply to Linkites’s data processing and business operations) (the “Data Privacy Laws”).

2. Policy Statement

This Policy is designed to explain and set out Linkites’s procedures and policies when processing Personal Data and Sensitive Personal Data (the meaning of which are set out below) by the organization. This Policy defines the requirements to ensure compliance with the Data Privacy Laws applicable to Linkites’s collection, use, and transmission of Personal Data and Sensitive Personal Data.

3. Scope

The scope of this Policy applies to Linkites, its affiliates, business partners, employees, and Third Parties providing services to Linkites (together “Linkites”, “we” or “us”). It covers Processing (including but not limited to collection, storage, usage, transmission and destruction) of Personal Data and Sensitive Personal Data of Linkites’s current and previous employees, prospective candidates, current, prospective and previous customers, current and previous partners/vendors, website visitors, sub-contractors and visitors, (together “you”/ “your”) by Linkites during the course of its business activities.

The scope of this Policy applies to Linkites, its affiliates, business partners, employees, and Third Parties providing services to Linkites (together “Linkites”, “we” or “us”). It covers Processing (including but not limited to collection, storage, usage, transmission and destruction) of Personal Data and Sensitive Personal Data of Linkites’s current and previous employees, prospective candidates, current, prospective and previous customers, current and previous partners/vendors, website visitors, sub-contractors and visitors, (together “you”/ “your”) by Linkites during the course of its business activities.Linkites acts as a Data Controller with respect to any Personal Data or Sensitive Personal Data it holds about you.Linkites is responsible for ensuring that it uses your Personal Data in compliance with the Data Privacy Laws. The relevant entities that may act as the Data Controller are listed in Section 23 of this Policy.

This Policy sets out the basis on which any Personal Data, Personal Information and Sensitive Personal Data about you that you provide to us, that we create, or that we obtain about you from other sources, will be processed by us.

4. Definitions

The meaning of some of the terms in use in the Policy are explained below:

Term

Description

Personal Data

Any information of Data Subject which can reasonably associate or link to an identifiable natural person or could include anyone 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, economic, cultural or social identity of that natural person.

Personal Information (applicable only to California residents)

Information pertaining to residents of California that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, but does not include information that is lawfully made available from federal, state or local government records, nor does it include “deidentifed” or “aggregate customer information” as those terms are defined pursuant to the CCPA.Linkites does not collect Personal Information from California residents that are under the age of 16.

Sensitive Personal Data

Defined as any information revealing an identified or identifiable natural per-son’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and the processing of genetic information, biometric information for the purpose of uniquely identifying a natural person, data concerning health, or information concerning an individual’s sex life or sexual orientation, and data relating to offenses, or criminal convictions. With respect to California residents, in addition to the preceding, the term also includes national origin or ancestry, sexual orientation, sex (including, gender, gender identity, and gender expression), pregnancy, childbirth and medical conditions related to same, age, physical or mental disability, veteran status, genetic information and citizenship.

Process, Processes, Processed or Processing

Means any operation or set of operations which is performed on Personal Data or Personal Information or Sensitive Personal Data or on sets of Personal Data or Personal Information or Sensitive Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Consent

Any freely given, specific, informed and unambiguous indication of the Data Subject’s wishes by which the Processing of their Personal Data, Personal Information and/or Sensitive Personal Data via a statement or by a clear affirmative action, signifies agreement to the processing of their Personal Data, Personal Information and/or Sensitive Personal Data.

Data Subject

Relates to a particular natural person (i.e. an identified or identifiable natural person to whom the Personal Data relates. In case of a minor/ individual with mental disabilities, the data subject would be represented by a legal representative (parent/ guardian). For the purpose of clarity of this Policy, “Data Subject” means Linkites current and previous employees, prospective candidates, current, prospective and previous customer personnel, current and previous partner/vendor personnel, website visitors, sub-contractors and visitors.Linkites does not collect Personal Data/ Personal Information and Sensitive Personal Information from Data Subjects that are under the age of 18. For the purpose of CCPA, Data Subject shall include California residents.

Data Controller

Means a person or organization who (either alone, or jointly, or in common) determines the purposes for which and the manner in which any Personal Data are, or are to be, Processed. For the purposes of this Policy, references to Data Controller shall mean references to Linkites and its affiliates, where relevant.

Data Processor

Is a person or organization who Processes the Personal Data on behalf of and under the instruction of the Data Controller.

Third Party

In relation to Personal Data or Personal Information or Sensitive Personal Data means any person other than the Data Subject, the Data Controller, or any Data Processor or other person authorized to process data for the Data Controller.

“Sell,” “selling,” “sale,” or “sold,”

Means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s Personal Data or Personal Information by the business to another business or a Third Party for monetary or other valuable consideration.

5. How we collect your Personal Data/ Personal Information / Sensitive Personal Data

We will collect and process the following Personal Data / Personal Information/ Sensitive Personal Data about you as follows:

Data Elements / Categories

How we collect your data

Customer Personal Data or Personal Information in Projects

Directly from you while Linkites providing services to you.

Business Partner/Vendor Personal Data or Personal Information

Directly from you while Linkites is receiving services from you.

Prospective Candidates

From Third Parties or other sources (for example via recruitment agencies or Linkites employee referral but in each case only as far as legally permissible and only as far as is necessary to fulfil the position in question), which may also include public sources such as professional networking platforms or job portals.

Directly from you in case you have directly applied through the website;

Employee Data

Directly from you during the course of your employment;

Visitor information

Directly from you at the time of visiting our premises

Website Data

Directly from you when you voluntarily fill out your information on the website through specific provided forms to receive information from us or contact you. The information that you are required to fill in the website are your identity information and contact details (e.g. First Name, Last Name, Work Email, Company Name). In general, you may browse our website without providing any Personal Data about yourself. In the website, we do not collect any of your Sensitive Personal Information

Website Cookies

Refer to our Cookie Policy for information about our website cookies

Marketing Data, Events and Initiatives

Directly from you when you contact (or you have been contacted) or interact with any Linkites representative, via Linkites website or events or conferences or workshops or Surveys that you attend, by telephone, email, online portal or in person or from professional networking platforms like Linkedin, Tweeter.

Prospective Customers and business partners/ vendors

Other customer/ business partner and vendor referral. Also refer to “website data”, “Marketing Data, Events and Initiatives”.

For California residents only and in addition to the preceding, if such Personal Information is collected from other electronic sources, over the internet, using a pen and paper, through an algorithm, or through any other means.

6. Purpose and Lawful basis of Processing

Your Personal Data may be stored and processed by us in the following ways and for the following lawful purposes:

We are entitled to Process your Personal Data, Personal Information or Sensitive Personal Data in these ways because of the following reasons:

  1. Performance of Contract: We may process your Personal Data, Personal Information or Sensitive Personal Data, where necessary to enter into a contract with you or to perform our obligations under a contract with you. E.g processing of personal data for employment purposes (such as processing your salary, administering benefits) or providing services to our customers which are necessary to execute the contract. If you do not provide Personal Data for processing under this legal basis, we may not be able to perform as per the respective contract.
  2. Consent: Where permitted under applicable local laws, we may (but usually do not) process your Personal Data, Personal Information or Sensitive Personal Data based on your prior consent. In such cases, you have the right to withdraw your consent at any time by contacting the details below provided in this Privacy Policy. In certain limited circumstances, even after withdrawal of Data Subject consent, we may be entitled to continue processing your Personal Data where we have a lawful reason to do so and as communicated to you.
  3. Legitimate Interests: We may process your Personal Data, Personal Information where it is necessary for our Legitimate Business Interests as a company, including to manage, which are outlined above.
  4. Legitimate Interests: We may process your Personal Data, Personal Information where it is necessary for our Legitimate Business Interests as a company, including to manage, which are outlined above.Legal Obligations: We may process your Personal Data, Personal Information where it is necessary in order to comply with applicable legal and/or regulatory obligations, establish, exercise or defend our legal rights or for the purpose of legal proceedings and to prevent and respond to actual or potential fraud or illegal activities.
  5. Other “Public Interest” Grounds: We may process your Personal Data, Personal Information (or where relevant, your Sensitive Personal Data) on other public interest grounds where it is subject to regulatory requirements where Processing is necessary by us for the performance of a task mandated by governmental authorities, regulatory authorities or any other law enforcing authorities in the public interest.

7. Processing Sensitive Personal Data

We may, where legally permissible, process your Sensitive Personal Data on the following lawful bases:

8. Personal Data of Individuals below 18 years

We may process Personal Data or Sensitive Personal Data of any individuals below the age of 18 years only for travel and immigration purposes. If we are required to process Personal Data or Sensitive Personal Data of such individuals, then we shall do so by taking explicit written consent from their legal guardians. If it comes to your knowledge that we have unintentionally collected or received Personal Data or Sensitive Personal Information about an individual below the age of 18 years directly from them, then immediately notify Us in the contact details provided in this Policy and we will accordingly delete such information.

Note: If you are below the age of 18 years, then we do not want you to provide any of your Personal Data in our website.

9. How we will be using your Personal Data/ Personal Information for Direct Marketing

For direct marketing, we will be using your Personal Data/ Personal Information in the following ways (to the extent in compliance with applicable local laws).

  1. Manage and maintain our relationship with you, including responding to an inquiry, question or comment made by you.
  2. To engage in marketing and business development activities in relation to improve Linkites’s products and services.
  3. Improve the products and services we offer to you, and administering the security of our business.
  4. To conduct analysis and market research to improve this website.
  5. Inform you about our service offerings by communicating through email, SMS, phone and any other similar communications means.
  6. Respond to any legal process or as required by law in response to any court order, subpoena or a law enforcement agency, defending us in case of legal disputes or to take action against any illegal activity and to address any potential threat to the physical safety of a person.
  7. California residents who provide Personal Information are entitled to request information about themselves that we shared with Third Parties for their own direct marketing purposes (if applicable), including the categories of information and the names and addresses of those businesses. We do not currently share the Personal Information of California residents with Third Parties for their own direct marketing purposes.

10. Events and Initiatives

We organize and participate in events and initiatives. In such cases this Policy applies to participants and speakers together with any other supplementary information that is provided in relation with each event. In the event we appoint any Third Parties to conduct or organize such events and initiatives, your Personal Data or Personal Information shall be shared to such Third Parties under contractual obligations with such Third Parties in compliance with applicable Data Privacy Laws. The processing of Personal Data/ Personal Information by such Third Parties shall however be governed by the respective parties’ privacy policies and the contractual obligations entered with us.

11. Retention and Disposal of Personal Data or Personal Information

In order to comply with our data security obligations under applicable Data Privacy Laws, we has adopted the following physical, technical and organizational security measures to ensure the security of your Personal Data/ Personal Information and Sensitive Personal Data:

12. Security of Personal Data/ Personal Information/ Sensitive Personal Data

In order to comply with our data security obligations under applicable Data Privacy Laws, we has adopted the following physical, technical and organizational security measures to ensure the security of your Personal Data/ Personal Information and Sensitive Personal Data:

13. CCTV Surveillance

Where and only as far as permitted by applicable local laws, we may monitor the activities of individuals including visitors in our common area premises through CCTV footage. Such data shall be kept in accordance with Linkites Retention Policy, after considering other statutory compliance requirements.

14. Policy Revisions and Publication

15. List of Linkites Entities

We might transfer your personal data to our company Linkites Corporation and its subsidiaries.