Terms and conditions

1. Purpose

QualiZeal and entities in India and USA (collectively referred to as ‘QualiZeal’) are committed to the confidentiality, privacy, security and protection of Personal Information (as defined below) collected from/ disclosed by/ shared by Data Subjects (as defined below) including its employees (at all levels and grades, whether regular, fixed-term contract or temporary), contractors, vendors, associates, consultants, customers and business partners of QualiZeal.
This Privacy Policy (hereinafter referred to as ‘Policy’) broadly outlines the security practices and procedures adopted by QualiZeal for collection, receipt, possession, storage, dealing, handling, processing and protection of Personal Data (as defined below) and Sensitive Personal Data (as defined below) (‘Personal Data’ and ‘Sensitive Personal Data’ are hereinafter collectively referred to as ‘Personal Information) of the Data Subjects, in compliance with applicable laws and regulations.

2. Scope

This Policy is applicable to (i) all Data Subjects who provide, disclose, and share Personal Information to/ with QualiZeal, (ii) Data Processors (as defined below) working with or for QualiZeal, and who have or may have access to or receive Personal Information from QualiZeal and who have access to Personal Information collected or processed by QualiZeal; and (iii) Employees of QualiZeal who have access to Personal Information collected or processed by or on behalf of QualiZeal.
The Data Subjects, the Employees of QualiZeal and the Data Processors are expected to read, understand and comply with the Policy.
This Policy applies to all information that QualiZeal collects, uses, process, stores, shares and dispose your personally identifiable information from the access made to websites, products & services.

3. Applicable Laws, Rules and Regulations

QualiZeal obligations in connection with data protection presently emanate from:
  • The Information Technology Act, 2000, India
    1. The Information Technology (Reasonable Security Practices and Procedures
    2. Sensitive Personal Data or Information) Rules, 2011.
  • CCPA (California Consumer Privacy Act) 2018
  • GDPR (General Data Protection Regulation) 2018

4. Definitions

For the purpose of Privacy Policy:
  • “ACT” means CCPA (California Consumer Privacy Act) 2018, European Union regulation GDPR (General
    Data Protection Regulation) 2018 and Information Technology (Reasonable Security Practices and
    Procedures and Sensitive Personal Data or Information) Rules 2011 (“SPDI Rules”) under Information
    Technology Act, 2000 (“IT Act, 2000”) of India.
  •  “Account” means a unique account created for Data Subject to access our Service or parts of Service.
  • “Business”, for the purpose of the CCPA (California Consumer Privacy Act), refers to the Company as the
    legal entity that collects Consumers’ personal information and determines the purposes and means of the
    processing of Consumers’ personal information, or on behalf of which such information is collected and that
    alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal
    information, that does business in the State of California.
  • “Body corporates”, as defined by the Companies Act of 2013, encompass various types of registered entities
    in India, including Private Limited Companies, Limited Liability Partnership firms, One Person Companies,
    Public Limited Companies, and others, each with its own legal identity and distinct advantages such as limited
    liability and perpetual succession
  •  “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to QualiZeal,
    For the purpose of the GDPR, the Company is the Data Controller.
  • “Country” refers to USA and INDIA
  • “Consumer”, for the purpose of the CCPA (California Consumer Privacy Act), means a natural person who is
    a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other
    than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside
    the USA for a temporary or transitory purpose.
  • “Cookies” are small files that are placed on Data Subject computer, mobile device or any other device by a
    website, containing the details of browsing history on that website among its many uses.
  • “Data Controller”, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company
    as the legal person which alone or jointly with others determines the purposes and means of the processing
    of Personal Data.
  • “Data Fiduciary”, means an entity that alone or together with others determines the purpose and means of
    processing of Personal Information.
  • “Data Subject”, for the purposes of the GDPR (General Data Protection Regulation), refers to any individual
    person who can be identified, directly or indirectly, via an identifier such as a name, an ID number, location
    data, or via factors specific to the person’s physical, physiological, genetic, mental, economic, cultural or social
    identity.
  • “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
  • “Do Not Track” (DNT)” is a concept that has been promoted by US regulatory authorities, in particular the
    U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for
    allowing internet users to control the tracking of their online activities across websites.
  • “Personal Data” is any information that relates to an identified or identifiable individual.
    For the purpose of IT Act 2000, means any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such
    person. For the purposes of GDPR, Personal Data means any information relating to You such as a name, an
    identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. For the purposes of the CCPA, Personal Data means any information that identifies, relates to, describes or
    is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
  •  “Personal Information” means Personal Data and Sensitive Personal Data collectively.
    Privacy Protection Controls (PPC) means controls implemented in addition to the SPCs and may comprise of
    legal, contractual and any mandatory requirements.
    Security and Prevention Controls (SPC) means administrative, technical, procedural and physical safeguards
    to protect the Personal Information and in order to control, detect, prevent and correct from un-intended or
    accidental misuse.

Under CCPA, personal information does not include:

    •  Publicly available information from government records
    • Deidentified or aggregated consumer information
    • Information excluded from the CCPA’s scope, such as:
    • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996
      (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
    • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting
      Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA),
      and the Driver’s Privacy Protection Act of 1994
    • “Processing”, means the collection, storage, dealing or handling of Personal Information. The terms
    • “process”, “processes” shall be construed accordingly.
    • “Sale”, for the purpose of the CCPA (California Consumer Privacy Act), 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 information to another business or a third party for monetary
      or other valuable consideration.
    • “Sensitive Personal Data”, means such personal information of a natural person which consists of
      information relating to: password; financial information such as bank account or credit card or debit card or
      other payment instrument details; physical, physiological and mental health condition; sexual orientation;
      intersex status/transgender status; medical records and history; genetic or Biometric information; caste or
      tribe; religious or political belief or affiliation; any detail relating to the above clauses as provided to body
      corporate for providing service; and any of the information received under above clauses by body corporate
      for processing, stored or processed under lawful contract or otherwise. Provided that, any information that is
      freely available or accessible in public domain or furnished under The Right to Information Act, 2005 or any
      other law for the time being in force shall not be regarded as Sensitive Personal Data
    • “Service” refers to the Website and products
    • “Service Provider” means any natural or legal person who processes the data on behalf of the Company. It
      refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide
      the Service on behalf of the Company, to perform services related to the Service or to assist the Company in
      analysing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data
      Processors.
    • “Usage Data” refers to data collected automatically, either generated by the use of the Service or from the
      Service infrastructure itself (for example, the duration of a page visit).
    • “Website” refers to www.qualizeal.com, accessible from https://qualizeal.com
    • “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of
      which such individual is accessing or using the Service, as applicable.
      Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User
      as you are the individual using the Service.

4.1. Data Protection Officer

The Data Protection Officer of QualiZeal is responsible for overseeing the compliance with this Policy. In accordance with the Act, the Data Protection Officer is designated as the Grievance Officer to redress the grievances of the Data Subjects, within the regulatory/prescribed timelines. If a Data Subject has any questions about this Policy or concerns about how QualiZeal manages his/her Personal Information or if a Data Subject becomes aware of any breach of Personal Information, he/she may contact/notify the Data Protection Officer.

5. Privacy protection statement and commitment

QualiZeal is committed to privacy. The information QualiZeal has about customers and users is protected and secure and QualiZeal works diligently to ensure that preferences regarding the use of your information are honored. This Policy explains the types of personal information QualiZeal collect and use, store, protect and disclose that information.
QualiZeal build a privacy that works for everyone. Protecting our users’ privacy and security is a responsibility that comes with creating products and services that are made available for all. QualiZeal look to these principles to guide our products, our processes, our people in keeping our users’ data private, safe, secure and are committed to continually improve the level of protection it requires.

6. Collection, Use, Storing, Sharing and Processing

As a rule, QualiZeal will collect Personal Information from the Data Subjects for specific, explicit, contractual, regulatory and legitimate purposes as required and in accordance with Applicable Laws, Rules and Regulations.
QualiZeal may also gather the Data Subjects’ Personal Information from third parties in accordance with Applicable Laws, Rules and Regulations. For instance, if the Data Subject is a potential candidate for employment with QualiZeal, QualiZeal may have received the Data Subject’s Personal Information from third parties such as recruiters or external websites. QualiZeal shall apply the terms of this Policy to any Personal Information received from a third party. QualiZeal is not responsible for third parties’ dissemination of a Data Subject’s Personal Information.
QualiZeal may combine the Personal Information a Data Subject provides with other information so as to provide and improve its services.
QualiZeal shall use and process the Data Subject’s Personal Information for a lawful purpose to meet the needs/performance of its business/legal obligations, in accordance with Applicable Laws, Rules and Regulations. Such processing of Data Subject’s Personal Information will be adequate, relevant and limited to what is necessary and compatible in relation to the purposes for which it is collected.
QualiZeal will not share information with any third party outside its organization, other than as necessary to fulfill any statutory or contractual requirements.

6.1. Consent for collection, use and processing

By using QualiZeal’ services and/or otherwise interacting with QualiZeal, the Data Subject consents to QualiZeal collecting, processing and disclosing Personal Information in accordance with this Policy. The Data Subject will, for the services rendered by QualiZeal, share/provide/disclose to QualiZeal only such Personal Information that is sought by QualiZeal pursuant to Applicable Laws, Rules and Regulations.

Where required by Applicable Laws, Rules and Regulations, QualiZeal will not knowingly collect Personal Information from children/minors without insisting that they seek prior parental consent.

Where Data Subject does not accept and agree with this Policy, the Data Subject must stop using QualiZeal’ services immediately and write to the Data Protection Officer of QualiZeal withdrawing his/her consent.

6.2. Data Subjects’ rights and the obligations

The Data Subject can exercise all or any of the applicable privacy rights:

  • Right of access – Access your data
  • Right to withdraw consent – Withdraw your consent
  • Right to object – Object to the processing of your data
  • Right to rectification – Correct your data
  • Right to erasure – Have your data deleted
  • Right to data portability – Transfer your data
  • Right to restriction of processing – Restrict processing
  • Automated individual decision-making – Be protected from Automated Decision Making
  • Right to lodge a complaint – Complain to DPO and Data Protection Authority as maybe applicable

6.3. Disclosure of Personal Information

QualiZeal may share the Personal Information of the Data Subjects with third parties, in a variety of ways, including, as the following:
Service Providers acting on behalf of QualiZeal: QualiZeal may share Personal Information about its Data Subjects with service providers or agents in order to have them perform on QualiZeal’ behalf any of the activities QualiZeal is permitted to conduct under this Policy, Applicable Laws, Rules and Regulations and other applicable contractual terms. This includes things like designing or operating features, helping QualiZeal research and test feature improvements, identifying offers or personalized recommendations, performing analytics and marketing its services. These third parties are acting on behalf of QualiZeal so while they may have access to Personal Information they are required to follow QualiZeal’ instructions and meet the standards explained in this Policy when handling information about a Data Subject that QualiZeal provide them.
As Part of a Corporate Change: QualiZeal may disclose and transfer information about Data Subjects to a third party as part of, or in preparation for, capital raising, change of control, restructuring, corporate change, or sale or transfer of assets. For instance, QualiZeal may allow a potential acquirer or merger partner to review its databases, although it would restrict their use and disclosure of this data during the diligence phase.
For Legal Reasons: QualiZeal reserves the right to transfer or disclose information about Data Subjects to third parties for certain legal purposes as required by law enforcement, government officials, or other third parties pursuant to a court order, or other legal process or when it believes, in its sole discretion, that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of legal agreements or organizational policies; to enforce its terms and conditions, to protect the security or integrity of its services;
With Data Subject’s Consent: There may also be other limited contexts in which QualiZeal shares specific types of Personal Information with the express consent of Data Subjects.
QualiZeal would like to clarify that it does not sell/share the Personal Information of Data Subjects to/with third parties without an explicit contract.

6.4. Consent for Processing and Transfer of Personal Information

Given that QualiZeal is an organization having an international presence as well as the digital nature of Personal Information, there may be a likelihood of the Personal Information collected by QualiZeal from the Data Subjects being transferred to and stored at, a destination outside India or USA, subject to such laws as maybe applicable from time to time, including for the purposes of processing. By submitting Personal Information, the Data Subject agrees to this kind of storing, processing and transferring of the Personal information. However, the Data Subject will appreciate that QualiZeal is inclined towards the safety of its Personal Information and therefore, it takes all reasonable steps to ensure that such Personal information is treated securely and in accordance with this Policy and Applicable Law, Rules and Regulations. Moreover, it is clarified that whenever QualiZeal shares data, it relies on lawful measures to transfer such data.

6.5. Aggregated or Anonymized Data

QualiZeal may combine a Data Subject’s Personal Information with those of other users of its services and share or provide this trend information in aggregated and anonymized form with third parties, such as prospective investors, affiliates, partners and advertisers. This will only be anonymized data, and will never be capable of personally identifying an individual, and, will only be shared in accordance with Applicable Laws, Rules and Regulations. For example, QualiZeal may anonymize a Data Subject’s Personal Information and use it in aggregated form in order to report on industry, marketing and employment trends.

7. Protection and Security of Personal Information

QualiZeal shall protect the Personal Information received from the Data Subjects with the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the information as it protects its own confidential information of a like nature. QualiZeal shall maintain physical, technical and procedural safeguards that are appropriate to protect the Data Subjects’ Personal Information from loss, unauthorized access, copying, use, modification or disclosure. QualiZeal has appropriate policies and technical and organizational measures in place to safeguard and protect the Data Subjects’ Personal Information against unlawful or unauthorized access, accidental loss or destruction, damage, unlawful or unauthorized use and disclosure. QualiZeal will also take all reasonable precautions to ensure that its staff and employees who have access to Personal Information about the Data Subjects have received adequate training.

Security & Privacy protection control examples stated herein are indicative and not exhaustive.

  • Management control covering policies, procedures, standards, benchmarks and guidelines
  •  Authentication and Authorization control
  • Information classification and identification
  • Protection from malware
  • Software updates and patching
  • System hardening
  • Network protection and access control
  • Periodic user awareness, education and training
  • Cryptography
  • Activity monitoring
  • PII inventory maintenance
  • User notice and consent
  • Articulating Privacy Principles and practicing within every process privacy by-design and by- default
  • Allowing privacy rights to be exercised
  •  Accountability, Audit, and Risk Management
  • Governance and Privacy Program
  • Data Privacy Impact Assessment
  • Privacy Requirements for our service providers, consultants and contractors
  • Data Protection Arrangement
  • Information security incident handling and reporting procedure
  • Privacy Enhanced System Design and Development
  • Privacy information retention and periodic destruction

8. Retention and Disposal of Personal Information

QualiZeal endeavors to retain the Personal Information only for as long as it is necessary to fulfill the purpose for which the same was collected. The Personal Information will be kept in a manner which permits identification for as long as it is necessary for the purposes for which the relevant Personal Information is processed and as required by the Applicable Laws, Rules and Regulations. QualiZeal has the right to retain the Personal Information for legal and regulatory purpose and/or as per applicable data protection laws.
Personal Information may be stored for longer periods where the Personal Information is being processed for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes or other purposes permitted under Applicable Laws, Rules and Regulations subject to implementation of the appropriate technical and organizational measures.

9. Access and Review of Personal Information

A Data Subject is entitled to request details of his/her Personal Information that QualiZeal holds. If a Data Subject wants to review, modify, verify, correct, restrict, seek deletion, seek erasure of any of the Personal Information, the Data Subject may contact the Data Protection Officer using the contact details provided herein. If any Personal Information happens to change during the course of employment/contract period/business arrangement, the Data Subject is requested to keep QualiZeal informed of the same.
QualiZeal does its best to ensure that the Personal Information it holds and uses is accurate. QualiZeal relies on the Data Subjects to disclose to it all relevant information and to inform of any changes thereto.

10. Breach of Personal Information

QualiZeal takes appropriate steps to maintain the security of Personal Information collected from Data Subjects. If a security breach occurs, QualiZeal will promptly take steps to address the breach. If a security breach causes an unauthorized intrusion in the QualiZeal system that materially affects a Data Subject, QualiZeal will endeavor to notify the concerned Data Subject as soon as possible and where necessary or required by Applicable Laws, Rules and Regulations, report the actions taken in response to any breach.
In such an event however, QualiZeal assumes no responsibility of whatsoever nature, for making good the losses and damages that a Data Subject may incur.

11. Review of the Policy

This Policy is subject to modifications as per changes in Applicable Laws, Rules and Regulations changes within QualiZeal’s operating environment or on recommendations of the internal/external auditors. QualiZeal reserves the right to modify this Policy at any time, without notice to Data Subject/(s).
The Data Protection Officer will review the compliance of this Policy and the processes thereunder on an annual basis to ensure continuous monitoring through the implementation of compliance measurements and review processes in accordance with the Applicable Laws, Rules and Regulations. If there are any material changes in the way QualiZeal treats a Data Subject’s Personal Information, QualiZeal will place a prominent notice on its websites before the change goes into effect.
QualiZeal will regularly review the Policy and may make changes, as maybe required, to this Policy from time-to-time.

BY ACCEPTING THIS PRIVACY POLICY, YOU AS THE DATA SUBJECT, EXPRESSLY CONSENT TO QUALIZEAL
COLLECTING, RECEIVING, POSSESSING, STORING, DEALING, HANDLING, PROCESSING, DISTRIBUTING
AND PROTECTING YOUR PERSONAL INFORMATION IN THE MANNER PRESCRIBED HEREIN.

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