Privacy Policy

Introduction

This Privacy Policy applies to all the products, services, websites and apps offered by Sodaru Technologies Private Ltd., and other Sodaru affiliates (collectively “SODARU”), except where otherwise noted. We refer to those products, services, websites and apps collectively as the “services” in this policy. Unless otherwise noted in your contract, our services are provided by Sodaru Private Ltd.

References to "data" in this Privacy Policy will refer to whatever data you created using our services, whether it be data collected in a form, or data inserted on a site hosted by us – it’s all your data! Reference to personal information or just information, means information about you personally that we collect or for which we act as custodian.

In this Privacy Policy:

• “you” is a reference to any person, including a natural person, a company, a body corporate, an association, a joint venture, a partnership, a trust and any entity capable of suing and being sued, who visit and/or use SODARU websites or social media pages, attendees at SODARU events, customers and prospective customers and their representatives, suppliers and channel partners and their representatives and SODARU’s employees;
• “personal information” means information that relates to an identified or identifiable person such as a name, identification number, location data or online identifier;
• “process” means any operation or set of operations that is performed on personal information, including the use of, recording, copying, compiling, collecting, collating, structuring, processing, mining, storing, erasing, altering, disclosing by transmission, disseminating and/or transferring such personal information;
• “SODARU offerings” means any one or more of SODARU’s products, services, social media pages, non-marketing related newsletters, case studies, blogs, education services and materials, webinars, events and SODARU websites and the services, tools, content and features made available through the SODARU websites

The interpretation of general words shall not be restricted by being followed by words including a particular class of acts, matters or things or by being followed by particular examples.

Consent

If you do not agree with this Privacy Policy, please do not access or use SODARU offerings or interact with any other aspect of SODARU’s business.

SODARU may change this Privacy Policy from time to time. If there is an important change, SODARU will inform you about such change in an appropriate way, such as a pop-up notice or a statement of the changes on this website. Your continued interaction with and use of SODARU offerings will constitute your consent to the current version of this Privacy Policy.

You may at any time withdraw a consent granted under this Privacy Policy. Please refer to clause 11 below.

What Information SODARU collects about you

SODARU may collect information directly from you, including:

• your name, physical address, email address, telephone numbers and/or your identification number and, in the case of a natural person, your company’s name, your company’s identification number, your job Typography, your business telephone number and/or email address, such as when you submit an enquiry to SODARU, when you contract with SODARU for a SODARU offering or when you create an online account or profile to access SODARU offerings;
• your payment information if you purchase or subscribe for SODARU offerings that are provided by way of SODARU websites or if SODARU needs to process a payment to you. However, in most instances when you pay SODARU for a SODARU offering by way of a SODARU website, your payment information will be transferred directly from you to the third party service provider that processes the payment without SODARU having access to your payment information;
• your company logo for display on SODARU websites as recognition of the relationship that exists between you and SODARU, whether as a customer, a channel partner or a supplier;
• the passwords and log-in details that you have created to access your account with SODARU in respect of the SODARU offerings; and/or
• your opinions relating to SODARU offerings received from surveys.

SODARU may also collect other information through your interaction with and use of SODARU offerings, including:

• Internet Protocol address (“IP address”) and information derived from your IP address, such as your geographic location, your company or when you access SODARU websites;
• Information about the device that you use to access SODARU websites, such as device type and version, mobile device identifier, browser type, operating system, the presence or use of applications or information about your preferred language;
• Information about the company that you work for, such as the name, size, location, industry or its public officers
• Behavioral or demographic attributes, when tied to personal information that identifies you;
• Behavioral data about the internet connected device you use when interacting with SODARU websites, such as webpages clicked, content areas visited and time spent on webpages, content downloaded, date and time of activities, how often you access SODARU websites or the web search used to locate and navigate to a SODARU website;
• Transactional data, including products and services that you have enquired about or ordered or are using
• Your activities in relation to SODARU offerings, such as the applications you have purchased through the SODARU Appstore, the support issues you have logged, the certification you have achieved or, in the case of a channel partner, the customers that you have sublicensed SODARU products to
• Your use and navigation of SODARU websites and your use of the services, products, tools and material made available by way of SODARU websites; and/or
• Aggregated information relating to the use of SODARU offerings, such as which features or aspects of SODARU offerings are used the most or the least or any errors or problems that are registered in respect of specific features or aspects of the SODARU offerings.
• In some instances, SODARU may combine other information with personal information. If SODARU combines other information with personal information, SODARU will treat the combined information as personal information.

How SODARU Collects Information

SODARU, its affiliates and its third-party service providers may collect information from a variety of sources including:

• When you provide the information to SODARU or its third-party service providers either directly or through SODARU websites

• Your interaction with SODARU, your use of SODARU offerings and your access to and activities on or in relation to SODARU offerings

• The use of technologies on SODARU websites such as:

  • Electronic communication protocols – when you visit SODARU websites, SODARU may automatically receive information from you as part of the communication connection itself, which may include the information listed in clauses 3.2 above, and SODARU may also automatically receive and record information about your interaction with SODARU websites
  • Cookies – are small text sent by a web server to store information on your browser so it can later be read back from that browser. Cookies collect information such as your device ID, your IP address, behavioral data of your device usage on SODARU websites and general usage and volume statistical information. Cookies remember log-in details and provide secure log-in, keep track of information you have provided to SODARU, remember your task or transaction progress, analyze site usage to provide custom content, conduct analytics to optimize SODARU website functionality, ensure the SODARU websites look consistent and allow you to post comments. You can set your browser to alert you when a cookie is being used and accept, reject or disable the cookie. If you reject or disable a cookie, you may not be able to use certain functions or features of a SODARU Services
  • Tags (often called pixels) – are small blocks of code on a web page that allow SODARU websites to do things like read and place cookies on your browser or device. SODARU uses tags to collect information about you when you visit SODARU websites, such as your IP address, the time that you visited the SODARU website and the type of browser you used, and your behavior on the SODARU websites, such as which webpages you accessed or what information you downloaded; and/or
  • Analytical tools – these tools may establish your location, track how you use SODARU websites or create a profile of you. This assists SODARU to determine which content is the most appropriate to be displayed while you visit SODARU websites, which SODARU offerings you are interested in and how you are using the information that is made available to you on SODARU websites

• Other data you may have made publicly available, such as social media posts or when you ‘like’ SODARU, share content or follow SODARU on Twitter or data provided by third party sources, such as professional networking sites or information service providers.

How SODARU Uses the information

Depending on which of the SODARU offerings you use, how you use those offerings and any preferences you have communicated to SODARU, SODARU may use your personal information (unless otherwise restricted by applicable law):

• To communicate with you and respond to your requests or enquiries which SODARU may have received by you submitting contact forms on SODARU websites, attending SODARU events, sending an email to SODARU or by visiting social media platforms
• To interact with you on third party social networks, such as providing a hashed user ID to third party social networks or other web offerings where this information is matched against their databases to display more relevant information to you
• If you choose to register with SODARU, such as to become a channel partner or as a customer or to receive SODARU offerings, to create and manage an account for you
• To engage in transactions with you and to process your transactions, such as sending you license keys to activate your use of SODARU’s products, activating your subscription to a service or sending you invoices
• To perform in terms of an agreement that you or your company have entered with SODARU, such as providing you with the relevant SODARU offering, verifying your identity, taking payments and sending you necessary communications
• To process activities necessary to perform or provide the SODARU offerings, such as testing and applying new products, patches and updates and resolving errors and other issues that you have reported to SODARU
• To track or record your use of SODARU offerings, such as the version of SODARU software you are using or the webinars you have attended
• To communicate with you about any matters or information relating to SODARU offerings, such as new product releases and service developments, updates, events, special offers, promotions or requirements and benefits applicable to channel partners. This information may apply specifically to you or generally to all parties using those or related SODARU offerings. This may occasionally include information from other business partners about their products and services that can add value to SODARU offerings
• To send you newsletters and notify you about blogs published on SODARU websites
• To provide SODARU online communities and moderate the activities that take place on such platforms. SODARU websites may permit you to participate in interactive discussions, post content and engage in networking activities. Certain of your personal information, such as your name, may be visible to other participants. SODARU does not control the content that users post to these forums. You should carefully consider whether you wish to submit personal information to these forums.
• To help create and personalize content for you on SODARU websites and to facilitate and improve your use of the SODARU websites
• To diagnose problems in respect of SODARU websites, to administer SODARU websites, to keep SODARU websites secure and to gather demographic information about the users of SODARU websites;
• To conduct surveys and market research in respect of various topics, such as SODARU’s customers or channel partners or their experience of SODARU offerings or the effectiveness of SODARU’s marketing campaigns or learning courses, to evaluate and improve the use, function and performance of SODARU offerings, marketing and sales campaigns and SODARU’s customer, channel partner and supplier relationships
• To investigate and prevent potential fraud or illegal activities involving SODARU’s systems and networks, to administer SODARU’s back-up and disaster recovery plans and policies and to confirm compliance with licensing and other terms of use applicable to SODARU offerings
• To comply with applicable laws and to operate SODARU’s business, such as confirming your identity, responding to a request from a regulator, defending a legal claim, conducting internal audits and investigations or for finance and accounting, archiving and insurance purposes
• SODARU believes to be necessary or appropriate to protect you, SODARU’s employees and affiliates and other users of SODARU offerings, SODARU’s physical and online operations, SODARU’s property, SODARU’s rights and SODARU’s privacy and/or that of SODARU’s affiliates, you or others; and/or
• Carry out any other purpose described to you at the time the information was collected from you.

Some of the personal information uses specified above are not mandatory and may be controlled by you by setting use preferences or electing to opt-out, however your decision to do so may affect your use of SODARU offerings and/or SODARU’s ability to transact with you.

When and How SODARU shares the Information

SODARU uses and shares the personal information it collects (unless otherwise restricted by applicable law):

• Globally between and amongst SODARU Technologies Private Limited and its regional offices. SODARU employees are authorized to access personal information only to the extent necessary to serve the applicable purpose and to perform their job functions
• With third parties who provide services to SODARU such as analytics, hosting websites, payment processing, marketing and promotions, event/campaign management, website management, information technology and related infrastructure provision, customer service, e-mail delivery, auditing, legal and other similar services;
• With third parties who provide products to SODARU which are incorporated into or used with SODARU offerings
• With specific partners that offer complementary products and services;
• With your consent, such as displaying your testimonial as a satisfied customer or partner on a SODARU website
• SODARU in good faith believes to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence or business; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence or business, for national security and/or law enforcement purposes; (d) to enforce SODARU’s terms and conditions; and (e) to allow SODARU to pursue available remedies or limit the damages that SODARU may sustain
• With the relevant third party in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of SODARU’s business, assets or shares (including in connection with any bankruptcy or similar proceedings).

When SODARU shares personal information with third parties, SODARU requires that your personal information is processed only to the extent that such processing is necessary and subject to terms consistent with this Privacy Policy.

SODARU does not sell or rent your personal information to third parties for any purpose.

SODARU may use, transfer and disclose other information, which is not personal information, that SODARU collects for any purpose, such as statistical information about visitors to SODARU websites, except where applicable law requires otherwise.

Another Person’s Information

If you share any personal information with SODARU that relates to another person (“Data Subject”) you warrant and undertake to and in favor of SODARU that:

• You are in lawful possession and control of the personal information and that you have the consent of the Data Subject to allow SODARU to process and in any other manner use such personal information for the purpose for which it was collected or made available and as contemplated in this Privacy Policy

• The Data Subject has consented to the Data Subject’s personal information being processed in a country that is different to the Data Subject’s country of residence or business;

• You will promptly inform SODARU in writing in the event that a Data Subject requests that its personal information be updated or in the event that a Data Subject withdraws the consent referred to in this clause

• You will be responsible for ensuring the correctness or accuracy of the Data Subject’s personal information that is processed by SODARU.

• You indemnify, defend and hold SODARU harmless from and against any and all claims, demands, causes of action, liabilities, losses, damages, judgments, settlements, fines, penalties, awards, costs, expenses and fees (including legal costs and fees on an indemnity basis) that may be sustained, suffered or secured against or incurred by SODARU arising out of or resulting from:

  • SODARU’s lawful processing of a Data Subject’s personal information
  • The personal information not being correct or accurate
  • Your breach of the above provisions.

For what period does SODARU retain Personal Information

The time periods for which SODARU keeps your personal information may vary according to the use or purpose attached to the personal information. SODARU will keep your personal information

• only for as long as it is required to fulfil the purpose for which the personal information was collected or for which it is to be processed OR
• until you withdraw your consent. However, where SODARU is required by applicable law to retain your personal information longer or where your personal information is required for SODARU to assert or defend against legal claims, SODARU will retain your personal information until the end of the relevant retention period or until the claims in question have been settled.

At the end of the retention period, SODARU will delete your personal information in a manner designed to ensure that it cannot be reconstructed or read.

How SODARU secures your Personal Information

SODARU uses reasonable technical and organizational safeguards that are designed to protect your personal information from unauthorized or unlawful processing, accidental loss, misuse, unauthorized access, disclosure, alteration and destruction.

All transmission of data to and from SODARU’s servers is encrypted using Secure Sockets Layer (SSL) technology.

However, despite SODARU’s efforts, no security controls are 100% effective and SODARU cannot guarantee the security of your personal information. In the event that your personal information is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, SODARU will give you notice promptly. SODARU will determine the scope of the breach and investigate and restore the integrity of the data system.

It is important for you to protect against unauthorized access to your account password and to your devices.

How SODARU transfers information it collects Internationally

SODARU collects and shares information globally.

For purposes of providing the SODARU offerings to you, SODARU may transfer, process and store your personal information outside your country of residence or business to wherever SODARU or its third-party service providers operate. In some of these countries, such as the United States, the privacy protections and rights of authorities to access personal information may not be equivalent to those applicable to your country of residence or business. However, in such circumstances SODARU requires that any processing of your personal information in such country will be subject to the provisions of this Privacy Policy.

Your Rights

You may:

• Request information from SODARU at any time about the personal information that SODARU processes about you
• Request a copy of the personal information that you have provided to SODARU. SODARU will carefully consider your request and discuss with you how SODARU can best fulfil it;
• Withdraw consent you have previously provided for the processing of your personal information;
• Ask SODARU to erase or delete all or some of your personal information
• Edit some of your personal information or request SODARU to change, update or fix your personal information in certain cases, particularly if it is inaccurate
• Ask SODARU to stop using all or some of your personal information or to limit SODARU’s use of your personal information

Please note that these rights are not absolute and certain exemptions apply.

You can exercise some of the above rights by:

• Logging into the SODARU offering and using settings available within the offering or updating your profile settings and modifying content that contains information about you using the options associated with that content
• Using the unsubscribe link within promotional communications or updating your email preferences within your profile settings
• Adjusting your browser settings
• Contacting SODARU

You acknowledge that any request to stop SODARU from collecting or processing your personal information:

• may mean that you may not be able to continue using some or all of the SODARU offerings
• will have no effect on SODARU’s past processing of information up until SODARU’s receipt of your request
• Even though you may opt out of receiving marketing communications, you cannot opt out of, and will continue receiving, transactional communications from SODARU regarding your contracted SODARU offerings.

Links to other WebSites

SODARU offerings may contain links to websites of other parties. SODARU is not responsible for the privacy practices or the content of such other websites. Therefore, you must carefully read the privacy statements of such websites.

Sensitive Information

Save for information relating to your dietary preferences that you may furnish to SODARU if you attend any functions hosted by SODARU, as your sensitive personal information is not required for your transactions or communications with SODARU, you undertake not to send or share with SODARU or publish on SODARU online communities any sensitive personal information (such as information related to racial or ethnic origin, political opinions, religious or other beliefs, health, genetic data, biometric data, criminal background or trade union membership). SODARU reserves the right to remove and destroy such information.

Disputes

If you have any complaints regarding SODARU’s compliance with this Privacy Policy, you should first contact SODARU at its websites contact page. SODARU will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with this Privacy Policy. If your complaint is not satisfactorily resolved, you may lodge a complaint with the necessary regulatory authority.

This Privacy Policy shall be deemed to be made under the laws of the Republic of INDIA and the construction, validity, interpretation and performance of this Privacy Policy as well as any dispute related to or arising from this Privacy Policy shall be governed in all respects by the laws of the Republic of INDIA without regard to the principles of conflict of laws and specifically excluding the provisions of the United Nations Convention on the International Sale of Goods. You and SODARU hereby submit to the exclusive jurisdiction of the courts of the Republic of INDIA.

Notwithstanding the foregoing, nothing in this Privacy Policy precludes SODARU from taking proceedings against you in any court of competent jurisdiction nor will the taking of proceedings in any one or more jurisdiction preclude the taking of proceedings in other jurisdictions, whether concurrently or not.

General Clauses

This Privacy Policy records the entire understanding and agreement between SODARU and you with respect to the subject matter hereof. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded in this Privacy Policy.

In the event that any provision of this Privacy Policy is or may become illegal, invalid, unlawful or unenforceable in any jurisdiction affected by this Privacy Policy, such provision as to such jurisdiction, shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as not written in this Privacy Policy and severed from the balance of this Privacy Policy, without invalidating the remaining provisions of this Privacy Policy or affecting the validity or enforceability of such provision in any other jurisdiction.

SODARU’s failure to enforce any provision of this Privacy Policy will not constitute a waiver of such provision or affect in any way SODARU’s right to require the performance of such provision at any time in the future.

You shall not be enTypographyd to cede or assign your rights or delegate your obligations in terms of this Privacy Policy to any third party without SODARU’s prior written consent.

The termination of your relationship with SODARU, for any reason, or the cessation of your use of SODARU offerings shall not affect the provisions of this Privacy Policy as expressly provide that they will operate after any such termination or cessation or which of necessity must continue to have effect after such termination or cessation notwithstanding that the provisions themselves do not expressly provide for this.

The head notes to the paragraphs to this Privacy Policy are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the female and neuter genders and words importing persons shall include partnerships and corporate and unincorporated entities.

No provision in this Privacy Policy shall be construed against or interpreted to the disadvantage of SODARU by reason of SODARU having or being deemed to have structured, drafted or introduced such provision.